Can you object to a question as a witness?
Asked by: Deion Bins | Last update: August 15, 2025Score: 4.2/5 (31 votes)
You can object during or after the question if the question itself is objectionable or if it calls for an answer that is objectionable.
Can you refuse to answer questions as a witness?
Once you have been given the subpoena, you must legally oblige. If you don't understand your obligations, you should consult a federal criminal defense lawyer serving San Francisco, CA as soon as possible.
What not to do as a witness in court?
- Appear while under the influence of drugs or alcohol, especially if you smell of alcohol.
- Threaten court staff or the judge, or actually threatening anyone present in hearing of the court staff.
- Bring a weapon.
- Dress provocatively.
- Talk loudly as a spectator during court proceedings.
Can I refuse to answer a question?
You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
Can a lawyer object to their own questions?
The questioning attorney objected to the hearsay given in the answer, when he didn't need to go that far. The judge seemingly overruled his objection because the attorney was the one that asked the question, presumably because, it is true, you cannot object to your own question.
Defense witness: Don't put words in my mouth
Can a witness on the stand object to a question?
You can object if the question or answer to the question isn't allowed by the rules that apply to court proceedings, called rules of evidence.
What are the three types of objections?
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.
Can you say I decline to answer in court?
In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
Can a witness refuse to testify?
If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.
What to say when a cop asks you where you are going?
You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.
How do I refuse to be a witness?
If you receive a subpoena and do not want to testify in court, you can plead the Fifth Amendment to the U.S. Constitution. The Fifth Amendment gives you the right against self-incrimination. This allows you to refuse to answer questions or provide testimony that could incriminate you.
Can you say you don't remember in court?
Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know. Do not guess if you are not sure, unless you are instructed to give an estimate. If you make mistakes in answering, correct yourself as soon as you realize your mistake.
What to say when you don't want to answer a question in court?
If you don't want to answer a question, don't ask the judge whether you must answer it. If it is an improper question, the prosecutor trying the case will object and take it up with the judge. If there is no objection, answer the question.
What is it called when you refuse to answer questions?
Question dodging is a rhetorical technique involving the intentional avoidance of answering a question.
Do you have to answer every question in court?
The rules for depositions vary by state and in federal court, but generally, the deponent must answer every question presented, regardless of objection, unless the answer is protected by a privilege or a court order.
When you don't want to answer a question?
You can also refuse to answer the question, but be sure to be polite. “Say, 'I appreciate that this is of interest but we don't feel sharing the information is appropriate, especially at this time. But I'd be glad to answer other questions if you have them,'” says Sullivan.
What happens if you don't want to be a witness?
As a result, you may face legal penalties, such as fines or even jail time. Contempt of court is a criminal offense, and penalties can vary depending on the nature of the case and your previous behavior in the legal system. Additionally, contempt of court can also lead to a bench warrant.
Can a judge force you to answer a question?
Generally speaking, the answer is yes. If the Judge requires you to answer, you must answer the questions. However, you can object to the questions before you answer them.
Can I plead the 5th as a witness?
A witness may plead the Fifth if their testimony could expose them to criminal charges. However, unlike in criminal cases, a judge or jury can draw an adverse inference when a defendant in a civil case invokes the Fifth Amendment.
Can a witness not answer a question?
When you're called to testify in court or during a deposition, you're under oath to tell the truth. This oath carries the weight of legal obligation, meaning that refusal to answer can have significant consequences.
Can you say bad words in court?
Criminal contempt is an action that impugns the integrity of the court or brings the court into disrepute. For example, yelling curse words at a judge would be direct criminal contempt of court.
Can you refuse to testify if subpoenaed?
However, simply ignoring a subpoena or failing to show up can lead to penalties, including fines and even jail time for contempt of court. Given the seriousness of a domestic violence issue and the potential consequences for the parties involved, it's crucial to approach the situation with care.
Can you object to a witness's answer?
You may object while the witness answers the question or after the answer is complete if the question itself is not objectionable, but while answering it, the witness says something that is objectionable. For example, the witness mentions that s/he heard from someone who heard from someone that something happened.
What is badgering the witness?
Definition: Badgering the witness is when a lawyer asks a witness too many questions that are argumentative, rude, or repetitive during cross-examination. This can be distracting and prevent the witness from giving accurate information.
What is a hearsay objection?
A hearsay objection is made when a witness relates the actual content of an out-of-court communication. When a witness's testimony is “based on hearsay,” e.g., based on having read a document or heard others recite facts, the proper objection is that the witness lacks personal knowledge.