Friday, January 22, 2010

In a federal court case, can a judge overrule an objection by the defense before the objection is finished?

I am in a school reanactment as the judge and need to know. THabksIn a federal court case, can a judge overrule an objection by the defense before the objection is finished?
Sure, but that's a really disrespectful thing to do. Most of the time the judge allows a lawyer to ';make a record'; as to the grounds of the objection. However, the lawyer is not entitled to ';plead his case'; during an objection, or have a ';speaking objection.'; Usually, the lawyer can just say ';objection'; and then state the grounds: ';The answer calls for hearsay'; or ';Improper character evidence under Rule 404.'; A judge probably wouldn't interrupt that. But if the lawyer goes on, in open court, to say ';Judge, this case is a travesty. We all know that my client is being crucified by speculation and hearsay statements, this is just one of them...'; a judge would definitely interrupt and say ';that's enough; objection overruled.';


Have fun!In a federal court case, can a judge overrule an objection by the defense before the objection is finished?
yes, a judge usually knows what the grounds are for the objection from the first words from the attorney. The grounds for ojection never change, because they are a matters of court rules of procedure. If you know what the witness said that the lawyer is objecting to, you may cut off.
Yes he can!





For at least three reasons;





1) He is the ultimate decision maker in HIS courtroom therefore they ';play'; by his rules.





2) The objection is based upon a previously submitted objection that was being repeated and already ruled upon.





3) Based upon the matter of the objection, such as a hearsay ruling, the judge has already determined that the issue should be overruled.





It's sort of like when you ask your parents ';Can I borrow the keys to the....'; and they immediately say ';no'; before you say the word ';car.';





Best wishes!
Sure he can. Especially if he knows where they are going with the objection. That is all part of the judges discretion as far as what evidenced gets in and what does not get in. So yes he can.
The above are all good answers.


Judges usually go out of their way to let attorneys ';make a record';, this is helpful in forestalling grounds for appeal based upon judicial interference.


However, the judge is required to keep things moving along, and if he has previously (over)ruled upon a form of objection (inadmissible, hearsay, unqualified expert) then the same objection is raised again for the SAME witness, the judge will usually interrupt the objection, saying ';overruled';, then may gently admonish counsel by saying ';we already covered this';. This is the bench's way of saying ';hey dipstick, i'm not asleep up here, shut up or take another strategy';.


The rule is object once, if you lose don't object again, it makes you look like you think it's important testimony you're trying to keep out.
he shouldnt because a mistrial could happen if you feel the judge isnt doing his job correctly and you take the right steps but if youve ever been in a court room ,trust me i have plenty of times,the judge does pretty much what ever he wants and it goes along like that if you have a crappy lawyer but most federal court hearing are pretty much by the book because everybody is under the thumb, so its up to you either way.any choice you make wont be wrong
Yes indeed. When you overrule an objection for your moch-trial, make sure you do it w/ authority in your voice. That will really set the tone for the rest of the case. Do this to make an example, and let em' know who's really in charge.

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