What does it mean when a lawyer says unresponsive?
Asked by: Prof. Kamryn Stracke | Last update: August 9, 2023Score: 4.3/5 (42 votes)
What is Unresponsive Answer? Nonresponsive answer is an answer given by a witness upon examination in a trial or in the taking of a deposition which evades or does not relate to the question or interrogatory directed to him/her.
What is the legal term for not responding?
default. 1) n. failure to respond to a summons and complaint served on a party in the time required by law. If a legal answer or other response is not filed, the suing party (plaintiff) can request a default be entered in the record, which terminates the rights of the defaulting party to defend the case.
What does it mean when a lawyer objects non-responsive?
5. Non-Responsive. “Objection! Non-Responsive.” This objection is typically made when a witness gives an answer to a question that doesn't directly respond to what was asked.
What happens when a witness doesnt answer a question?
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court. Being in contempt could result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify.
When a judge says sustained What does that mean?
Objection Sustained or Sustained: When a lawyer objects to the form of a question or the answer a question calls for, the judge may say, “Objection sustained” or merely, “Sustained.” This means the evidence sought cannot be admitted or accepted as evidence.
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What is sustained vs overruled court?
If the judge agrees he/she will rule "sustained," meaning the objection is approved and the question cannot be asked or answered. However, if the judge finds the question proper, he/she will "overrule" the objection.
Is sustained and overruled the same?
By overruling the objection, the trial judge allows the question or evidence in court. If the judge agrees with the objection, he/she "sustains" the objection and does not allow the question or evidence.
Can you refuse to answer a question when testifying?
In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.
Can you refuse to answer questions on the witness stand?
Trial Privilege
A defendant and witness can refuse to answer questions or testify at trial if their statements will incriminate him in criminal proceedings. But the prosecutor can use prior conflicting statements to impeach the defendant once the defendant “opens the door” by taking stands.
What is it called when you don't answer a question in court?
default: When a defendant in a civil case does not file an answer or other response with the court or go to court when they are supposed to, after being properly notified. This is called being "in default."
How responsive should an attorney be?
It's not reasonable to expect that a lawyer can or should respond to every email within one hour, but if that becomes the norm, then anything beyond the one-hour threshold seems tardy in comparison.
What do lawyers say when something is irrelevant?
It is often stated in the trio: "Irrelevant, immaterial and incompetent" to cover the bases. The judge must then rule on the relevancy of the question. If the question has been answered before the lawyer could say "objection," the judge may order that answer stricken from the record.
How do lawyers know when to object?
In the case of witness testimony or physical evidence, an attorney can object when they believe the rules of evidence have been violated. After an objection has been made, the judge can agree and sustain the objection or overrule the objection. In this sense, you can understand why a judge is called a judge.
What does unresponsive mean in court cases?
What is Unresponsive Answer? Nonresponsive answer is an answer given by a witness upon examination in a trial or in the taking of a deposition which evades or does not relate to the question or interrogatory directed to him/her.
What does not responding mean?
not reacting or responding to an action, question, suggestion, etc.
What's another word for being unresponsive?
Synonyms of unresponsive (adj. not responsive) insensitive. passive. cold.
Is it illegal to cry on the witness stand?
It may be hard to believe, but yes, it's illegal to cry on the witness stand in Los Angeles courts. This law is intended to prevent witnesses from using emotional displays to manipulate the outcome of a trial.
Can a lawyer only ask yes or no questions?
The first purpose of cross-examination is to ask questions designed to get answers that will build up the credibility of the questioner's own witnesses. To do this, the lawyer carefully controls the witness by using “closed” questions (for example, questions that can only be answered “yes” or “no,”).
What not to say during a deposition?
- Guessing or Speculating on Things. ...
- Saying Things Out of Anger. ...
- Rambling. ...
- Speaking in Absolutes. ...
- Stick to the Facts. ...
- Take Your Time When Answering Questions. ...
- Use “Yes” or “No” Answers Whenever Possible. ...
- Get Through Each Question on Its Own.
Can a judge make you answer a question if you plead the fifth?
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant's own lawyer cannot force the defendant to take the witness stand against their will.
What should a witness never do with their testimony?
After a witness has testified in court, he/she should not tell other witnesses what was said during the testimony until after the case is completely over. Thus, do not ask other witnesses about their testimony and do not volunteer information about your own testimony.
Can you just say I don't know in court?
Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.
What does hearsay mean in court?
Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts, which is then offered in evidence to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish credibility.
What does badgering mean in court?
Primary tabs. Badgering the witness is an objection that counsel can make during a cross-examination of a witness where opposing counsel becomes hostile or asks argumentative questions.
What do judges say when someone objects?
If a judge sustains the objection, it means that the judge agrees with the objection and disallows the question, testimony or evidence. If the judge overrules the objection, it means that the judge disagrees with the objection and allows the question, testimony or evidence.