Summary
- Attorneys can consider pointers and objectionable statements to sharpen skills and avoid pitfalls.
- Objections are opportunities to ensure the jury focuses on admissible evidence and statements.
The primary purpose of objections during trial is to prevent the introduction or consideration of inadmissible information. An additional purpose in objecting is to allow the judge to instruct the jury to disregard information it received prior to the court’s ruling on the sustaining of the objection. Counsel must make both timely and specific objections and motions to strike the evidence to preserve the objection for appellate review where the ground for objection is not apparent from the context of the discussion contained in the record. A loosely formulated and imprecise objection, such as only stating, “Objection,” will not preserve error. A proper objection is the best way to preserve the issue for appeal. It is vital to understand the rules governing timeliness, specificity, and waivers of trial objections; failure to conform to these rules can result in trial objections being moot.
An opening statement is a vehicle to inform the court and the jury in a general way of the nature of the case, provide an outline of the anticipated proof, inform the jury of the significance of the evidence as it is presented, and familiarize the jury by offering a roadmap of what is to come. Counsel should use this opportunity to portray a theme that will stick in the jury’s head as well—one that highlights your case and captures their imagination. The general rule on opening statements is that no statement may be made that counsel does not intend to prove or cannot prove. An opening statement is not an opportunity to argue the case. Reaching too far can lead to objections and remedies as severe as a mistrial.
A closing statement allows counsel to offer ways of viewing the significance of the evidence. Just as with an opening statement, this is counsel’s last opportunity to sum up the evidence and present a cohesive and compelling narrative to the judge or jury.
There are no federal rules or statutes governing opening or closing statements, but state, local, and judge-specific rules exist, so make sure you are aware of these rules in your jurisdiction. Depending on the jurisdiction, some judges will set time limits on opening and closing arguments, giving more time in complex cases.
If you decide to make an objection during opening and closing statements, you must assert the objection immediately after the objectionable statement is made, as waiting until opposing counsel has finished, or after the judge has charged the jury, is generally too late. Bear in mind that most judges are unlikely to sustain your objection, and the interruption might appear rude to the judge or jury, so make sure you are aware of your audience and only object if you believe it will help your case. It is essential to know your audience and to read your audience during the course of the trial so every action you take ultimately helps your client.
Striking the right balance between being too forceful and not making your point at all is a skill that comes with practice. The following pointers can help sharpen your toolkit and avoid pitfalls in the process.
Consider objections during opening statements if opposing counsel:
Consider objections during closing statements if opposing counsel:
Objections to both opening and closing statements are an opportunity to ensure that the jury focuses on the admissible evidence and statements that are based on law rather than on inadmissible evidence or personal belief.