Also known as:object · objects · objected · objecting · objections · objectant · objectants · protest
Written by attorneys · grounded in primary & secondary sources — see below
A formal statement opposing something that has occurred or is about to occur in a legal proceeding and seeking the judge's or decision-maker's immediate ruling on the point. The party objecting must usually state the basis for the objection to preserve the right to appeal an adverse ruling.
Sources & Authorities· 38 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Burglary Entry Dispute
Otto Osman stood trial for burglary after police found him with tools near a home. The prosecutor offered evidence that Osman had inserted a screwdriver into a window frame. Defense counsel objected that the tool use did not satisfy the entry element because it served only to gain access rather than to commit a felony inside.
Presidential Veto Challenge
After a bill reached the President, he returned it with written objections. In ensuing litigation over whether the bill became law, counsel objected that the constitutional procedure for returning objections had not been followed within the required period.
Otis Olsen served interrogatories on Overland Transport in a contract suit. Overland responded with a blanket claim of undue burden but supplied no further detail. Olsen moved to compel, arguing that Overland had waived any specific objection by failing to state grounds with particularity.
Purposely Mental State Dispute
Olga O'Neill faced arson charges. The prosecution argued she acted purposely when she set the fire. Defense counsel objected that the evidence showed only knowledge of a risk rather than a conscious object to cause the prohibited result.
Will Capacity Challenge
Octavia Okonkwo executed a will leaving her estate to a neighbor. After her death, her children objected to probate on the ground that she lacked capacity to understand the nature of her property and the natural objects of her bounty.
Contract Confirmation Dispute
Omar Olson sent a written confirmation of a $600 goods sale to Omega Energy. Omega received the record but remained silent for twelve days. Olson later sued, and Omega objected that the confirmation never satisfied the statute of frauds because it had timely objected.
Common questions
Frequently Asked
2
When must a party state the grounds for an objection to an interrogatory?+
The grounds must be stated with specificity in a timely objection. Any ground not stated is waived unless the court excuses the failure for good cause.
Does a party waive an objection to evidence by failing to make a timely objection or motion to strike?+
Yes. A party must timely object or move to strike to preserve the issue. Failure to do so waives the objection on appeal.
5 U.S. (1 Cranch) 137 (1803)Property
…rolls. The court ordered the witnesses to be sworn and their answers to be taken in writing, informing them they might state objections to each particular question if any. Mr. Wagner testified he could not recollect whether he had seen any commission in the office constituting the applicants justices of the peace; that Mr.…