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The following are examples of form objections: leading question (not applicable to a hostile witness), argumentative questions, compound questions (i.e. asking about two different things in one question), ambiguous questions, assuming facts not yet established (some say not in evidence but trials are where evidence
Objections to form include a variety of issues that hold the question asked under scrutiny. It often means that the party that asked the question will have to rephrase the question in a way that does not violate the laws of evidence in some way.
Rather, an objection to form refers to the way that its being asked. If a question is vague, unclear, confusing, or incorporates multiple questions in one, this may impact your clients ability to provide accurate testimony. Lets take a closer look at how form can be an issue.
Example: A witness could not testify that s/he thinks a person left the house at 8:00 pm unless s/he actually saw the person leave the house, or s/he has some other valid basis for that belief. Second, if a question that is posed can only be answered by using speculation, the question would be objectionable.
With documentary and testimonial evidence being differentiated, and lay from expert testimony, the blog focuses on what is by far the three (3) most common trial objections made in response to lay testimony: Hearsay, Leading and Relevancy.
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