|
1.2-7 Ruling on
Objections
Revised to January 1, 2008
Attorney ____________________ has just
objected to the admission of certain evidence and I have (sustained/overruled)
the objection. When I sustain an objection, that means that the evidence will
not be allowed to be presented to you for use in deciding this case. When I
overrule an objection, that means that the evidence will be allowed. My
decision whether to sustain or overrule an objection is based on the rules of
evidence that govern this trial.
When evidence is offered, a lawyer has
the right and sometimes the obligation to object and seek a ruling as to the
admissibility of proposed evidence under the rules, or whether evidence already
admitted should be stricken. You should not hold it against a lawyer, or the
party that lawyer represents, if the lawyer objects to evidence, regardless of
whether the objection is sustained or overruled. Just because evidence is
admitted after an objection, you are not required to treat that evidence as
true, but you should weigh and consider it in the same way as other evidence.
You should not infer from my rulings on evidence that I favor or disfavor any
party or lawyer; the court is neutral and is merely enforcing the rules of
evidence so as to assure a fair trial. Do not speculate as to what the answer
would have been had I not sustained an objection to the question and do not
place any emphasis on a piece of evidence merely because I overruled an
objection as to it.
|
