Closing arguments are the final statements made by attorneys in court before the judge or jury makes a decision in a case. During this phase, the attorneys summarize their case and try to persuade the judge or jury to rule in their client's favor. But what happens if one attorney says something that the other attorney thinks is improper or violates the rules of evidence? Can the opposing attorney object during closing arguments?
What are Closing Arguments?
Closing arguments are the last opportunity for each side to address the judge or jury before they make their decision. The plaintiff's attorney goes first, followed by the defendant's attorney. The plaintiff's attorney then has the opportunity to provide a rebuttal. During closing arguments, attorneys are not allowed to introduce new evidence or witnesses. Instead, they must only summarize the evidence that has already been presented during the trial.
Can You Object During Closing Arguments?
Yes, you can object during closing arguments if the opposing attorney says something improper or violates the rules of evidence. However, the rules for objections during closing arguments are more limited than during other phases of the trial.
When Can You Object During Closing Arguments?
During closing arguments, you can object if the opposing attorney says something that is improper or violates the rules of evidence. However, objections during closing arguments must be based on objections that were previously raised and ruled upon by the judge. You cannot raise new objections during closing arguments.
What are the Most Common Objections During Closing Arguments?
There are several common objections that can be raised during closing arguments, including:
- Improper argument: If the opposing attorney makes an argument that is not based on the evidence presented during the trial or is based on personal opinion rather than fact, you can object.
- Violation of the rules of evidence: If the opposing attorney refers to evidence that was not presented during the trial or presents evidence in a way that is not allowed under the rules of evidence, you can object.
- Personal attacks: If the opposing attorney makes a personal attack against you or your client, you can object.
What Happens When You Object During Closing Arguments?
When you object during closing arguments, the judge will either sustain or overrule your objection. If the judge sustains your objection, the opposing attorney will be told to stop talking about the objectionable topic. If the judge overrules your objection, the opposing attorney can continue with their argument.
What Happens if You Don't Object During Closing Arguments?
If you don't object during closing arguments, you may lose the opportunity to challenge the opposing attorney's argument later on. This is because the judge or jury may assume that you did not object because you agreed with the opposing attorney's argument or did not think it was objectionable.
What is the Purpose of Closing Arguments?
The purpose of closing arguments is to summarize the evidence that has been presented during the trial and persuade the judge or jury to rule in your client's favor. During closing arguments, attorneys can use rhetorical devices, such as storytelling and emotional appeals, to make their case more persuasive.
Conclusion
During closing arguments, you can object if the opposing attorney says something that is improper or violates the rules of evidence. However, objections during closing arguments must be based on objections that were previously raised and ruled upon by the judge. If you don't object during closing arguments, you may lose the opportunity to challenge the opposing attorney's argument later on.
