OBJECTION

objection,n.1. A formal statement opposing something that has occurred, or is about to occur, in court and seeking the judge’s immediate ruling on the point. • The party objecting must usu. state the basis for the objection to preserve the right to appeal an adverse ruling. [Cases: Federal

Civil Procedure 2017; Trial 77. C.J.S. Trial §§ 220–221.]

continuing objection.A single objection to all the questions in a given line of questioning. • A judge may allow a lawyer to make a continuing objection when the judge has overruled an objection applicable to many questions, and the lawyer wants to preserve the objection for the appellate record. — Also termed running objection. [Cases: Criminal Law 694; Trial 79. C.J.S.

Trial § 222.]

general objection.An objection made without specifying any grounds in support of the objection. • A general objection preserves only the issue of relevancy. — Also termed broadside objection. [Cases: Trial 82. C.J.S. Trial §§ 209–211.]

speaking objection.An objection that contains more information (often in the form of argument) than needed by the judge to sustain or overrule it. • Many judges prohibit lawyers from using speaking objections, and sometimes even from stating the grounds for objections, because of the potential for influencing the jury.

specific objection.An objection that is accompanied by a statement of one or more grounds in

support of the objection. [Cases: Trial 82, 83. C.J.S. Trial §§ 209–211, 223–224.]

2.Parliamentary law. A motion that suppresses a main motion, esp. one that will or may inflame controversy, immediately and without debate. • The motion, because it disposes of the main motion without any debate, usu. requires a supermajority. — Also termed question of consideration; objection to consideration of a question.“Objection to the consideration of a question is used when an original main motion is of a delicate or personal nature, or is contentious or inflammatory (such as sectarian, political, racial, etc.), or is irrelevant, unprofitable, or otherwise objectionable or discriminatory. The motion can be avoided altogether by instantly objecting to the consideration of the question.” George Demeter, Demeter’s Manual of Parliamentary Law and Procedure 141 (1969).

3.Parliamentary law. A negative vote, esp. one that defeats a request for general consent. 4.Patents. An examiner’s action identifying a defect in the form of a patent application, usu. in the specification or a drawing. • An objection does not raise questions about the merit of the claims. An examiner might object, for instance, to a defective oath or to a trademark appearing on the drawings. Cf. REJECTION(4). [Cases: Patents 104. C.J.S. Patents §§ 145–147, 149–151, 173–175.]

[Blacks Law 8th]