Preparing for trial requires an Objection strategy. You must:
1. Anticipate lines of questioning.
2. Decide what evidence you must try to exclude. [Save your battles for issues that really matter and that you can win.]
3. Consider alternative grounds for excluding evidence.
To meet objections by the other party:
1. Anticipate what objections could be made against you.
2. Consider alternative grounds for meeting objections.
3. Prepare your witnesses to cope with foundations.
“As once stated by Mr. Justice Holmes, one objection to the introduction of collateral issues is a ‘purely practical one, a concession to the shortness of life.'”–Justice William O. Douglas
Effective trial advocacy requires that you think about objections prior to arriving at the courthouse. Knowing the rules of evidence will make you a better trial advocate. Asserting each possible objection will not. To use the rules of evidence more effectively:
1. Decide what matters and what doesn’t on the basis of your theory of the case.
2. Outline the evidence you must try to exclude and each legitimate basis for objection.
3. Be prepared with a motion in limine or trial memorandum.
4. Be alert.
5. Make your objections with courtesy, conviction and composure.