Mock Trial: Objections Cheat-Sheet

FRE 401 defines relevance: evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action. FRE 402 makes relevant evidence presumptively admissible. Irrelevant evidence is inadmissible — the objection: 'Objection, relevance.' To respond, articulate the chain of inferences linking the evidence to a contested element.

FRE 403 permits the court to exclude relevant evidence if its probative value is substantially outweighed by danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. This is the 'safety valve' — most graphic, inflammatory, or cumulative evidence gets fought here.

Most relevance objections can be cured by adding the link to the contested element on the record. Instead of 'Tell us about your background,' ask 'Tell us about your medical training, which the defense has challenged.' Instead of 'What did you have for dinner?' ask 'Where were you the night of the incident?' Explicit element-linking pre-empts the objection.

FRE 602 requires that a witness may testify only to matters of which they have personal knowledge. The objection: 'Objection, lack of personal knowledge,' or 'Objection, lack of foundation.' To respond, elicit how the witness knows what they're about to testify to.

FRE 901 requires evidence sufficient to support a finding that the item is what the proponent claims it is. The objection when an exhibit is offered without foundation: 'Objection, lack of authentication.' To respond, walk the witness through the recognition foundation.

FRE 611(c) prohibits leading questions on direct examination except on preliminary matters or with hostile, adverse, or identified-with-adverse-party witnesses. Leading questions are permitted as a matter of right on cross-examination. The objection: 'Objection, leading.' Cure: convert to an open-ended stem.

FRE 611 governs the mode and order of examination. It generates the catalog of 'form' objections: compound, asked-and-answered, vague/ambiguous, calls for speculation, argumentative, calls for a narrative, assumes facts not in evidence, and non-responsive.

FRE 404(a) prohibits character evidence to prove conduct in conformity with character ('propensity' evidence). FRE 404(b) permits prior acts for other purposes: motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (the 'MOIPPKIA' list). The objection: 'Objection, improper character / propensity.' Response: identify a non-propensity purpose under 404(b).

FRE 608 allows opinion or reputation evidence of a witness's character for truthfulness or untruthfulness — but only after their truthfulness has been attacked. Specific instances of conduct cannot be proved by extrinsic evidence (608(b)) but can be asked about on cross. FRE 609 permits impeachment by prior criminal convictions, with detailed limits on which convictions qualify.

FRE 701 allows lay witnesses to give opinion testimony only if it is rationally based on the witness's perception, helpful to determining a fact in issue, and not based on scientific, technical, or specialized knowledge. Lay opinions on speed, distance, intoxication, identity, and emotional state are routinely allowed; opinions about cause of death, medical diagnoses, or legal conclusions are not.

FRE 702 permits expert testimony if the expert is qualified by knowledge, skill, experience, training, or education; the testimony is based on sufficient facts or data; the product of reliable principles and methods; and the expert reliably applied those principles to the facts. Voir dire by opposing counsel before qualifying an expert is standard. The objection: 'Objection, improper expert testimony' or 'lack of qualifications.'

FRE 1002 (the 'best evidence rule' or 'original document rule') requires the original of a writing, recording, or photograph to prove its content. FRE 1003 permits duplicates unless a genuine question is raised about the original's authenticity. The objection: 'Objection, best evidence.' Response: produce the original, a duplicate, or fall within an exception (FRE 1004).

FRE 501 leaves privileges largely to common law, supplemented by state law in diversity cases. Mock trial case packets typically incorporate attorney-client privilege, spousal privileges (testimonial and confidential communications), doctor-patient privilege, and clergy-penitent privilege. The objection: 'Objection, privilege.' Response: identify a waiver or that the communication is outside the privilege's scope.

Two patterns lose ballots fast: over-objecting and speaking objections. Judges score teams that object precisely and only when warranted higher than teams that object reflexively. Speaking objections — explaining the objection at length before the judge invites argument — draw warnings and lower scores.