Separation and divorce
What’s the purpose of an objection during the final hearing?
“Objection!” You may have heard this expression used in court, especially during the final hearing, sometimes referred to as a “trial”. What’s the purpose of an objection? How do you raise one? What are the most common objections? Here’s what you need to know.
To ensure that rules are followed
During the final hearing, you and your ex (or your ex’s lawyer) will have to present your version of the facts and the evidence supporting your position. This is called the “presentation of evidence”.
This presentation of evidence is governed by rules. If they’re not complied with, they can be the grounds for an objection.
Objections are how parties ask a judge not to consider a piece of evidence that has been presented.
Please note
In some cases, judges can refuse to hear evidence without a party having to raise an objection.
How to raise an objection
If you realize that your ex or your ex’s lawyer did not follow one of the rules of evidence, here’s what to do:
- Calmly stand up and say, “Objection”.
- State why you want to raise an objection.
Most frequently used objections
Objections are raised for several reasons. Here are the most frequent:*
“Objection! The evidence is irrelevant.” This objection is raised when it’s felt that the question asked or the evidence presented does not move the debate forward.
“Objection! Leading question.” This objection is raised when the question asked is considered to be “leading”, meaning it includes the expected answer or the way it’s formulated is intended to influence the answer to be given. Questions that can be answered with “yes” or “no” or questions starting with “Do you...” or “Is it true that ...” are potentially leading.
“Objection! This evidence was not previously disclosed.”This objection is raised when one party failed to inform the other that a piece of evidence was going to be presented at the hearing.
“Objection! Hearsay.”This objection is raised when it’s believed that a witness is merely relaying information provided by a third party that he or she did not know personally.
“Objection! This information must remain confidential.”This objection is raised when it’s believed that a piece of information that’s supposed to be confidential was or is about to be revealed.
“Objection! This evidence was obtained through an invasion of privacy.”This objection is raised when it’s believed that a piece of evidence was obtained in a way that invaded a person’s privacy.
*The wording may change depending on the context.
Raising your objection in a timely manner
If you notice that a rule of evidence was not complied with, raise your objection right away.
While most objections take place during the hearing, they can also be raised at other times during the proceeding, whenever new evidence is added to the file.
What happens after an objection is raised?
Once an objection is raised, the other party has the opportunity to correct the situation or make a case as to why the evidence was presented. For example, the party in question may reformulate the leading question or state why the evidence is relevant.
The judge can decide:
- to accept the objection, which is then said to be “sustained”,
- to refuse the objection, which is then said to be “overruled”,
- to allow the presentation of the evidence to form his or her own opinion and decide later whether to accept or refuse the objection.
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ANG - L’information présente sur cette page ne constitue pas un avis ou un conseil juridique. Nous vous indiquons ce que dit la loi au Québec de manière générale. Pour obtenir un avis ou un conseil juridique concernant votre situation personnelle, consultez un professionnel du droit.
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