(4)6.6.3 Objections During Examination
(a) Raising Objections.
During direct or cross-examination, counsel may raise objections to questions, testimony, or exhibits that appear to violate the rules of evidence, including but not limited to:
- Relevance – evidence or questions that do not make a fact of consequence more or less probable (see (4)5.1.1);
- Prejudice – evidence whose probative value is substantially outweighed by unfair prejudice, confusion, or undue delay (see (4)5.1.2);
- Hearsay – statements offered to prove the truth of the matter asserted without an applicable exception (see (4)5.3.3);
- Privileged communications – testimony or documents protected by legal privilege unless waived (see (4)5.3.1);
- Improper character evidence – use of prior acts or traits solely to show criminal propensity (see (4)5.2.1);
- Lack of authentication or foundation – exhibits not properly verified (see (4)5.3.2); and
- Form of the question – vague, compound, argumentative, or leading questions in violation of examination rules.
(b) Procedure.
- Objections shall be stated concisely and immediately, specifying the legal basis.
- The court may request brief argument from counsel before ruling on an objection.
- Counsel may not interrupt the witness except to make a proper objection recognized by the court.
(c) Court Rulings.
- The court shall rule promptly on objections to preserve the order and fairness of the examination.
- Sustained objections shall result in exclusion of the question, testimony, or exhibit; the court may order the jury to disregard improper statements.
- Overruled objections allow the testimony or question to proceed but do not waive the right to later challenge admissibility on appeal.
(d) Judicial Oversight.
The court may intervene sua sponte to prevent:
- improper questioning;
- witness coaching or intimidation;
- violations of evidentiary rules; and
- other conduct that threatens the fairness or integrity of the trial.