"Objection judge! There's no foundation.”

During the trial, an attorney may not like the way I asked a question of a witness. If he feels the question is improperly phrased or should not be asked, he must stand up and voice an objection to the judge. Importantly, he must give a short description to court explaining why he feels the question is improper.

The word objection simply alerts the judge to the fact that an attorney does not believe the question is appropriate. The judge will often want to know why the lawyer thinks the question is inappropriate. What is the legal reasoning behind the objection?

In New York, attorneys are constrained to give only a short description that explains the legal basis for the objection. The court does not want and usually will not tolerate long-winded explanations about why the question is inappropriate.

When an attorney objects to a question because there is no foundation, what he is really saying is that the lawyer has not asked a set of basic introductory questions before asking him key questions about the issue.

Watch the video to learn more...

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer