Argumentative

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Argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. An argumentative objection is raised as "badgering the witness."

Often, argumentative questions do not seek to establish additional facts or check the reliability of existing facts. Instead, they are meant only to cause a witness to argue with the examiner.

An "argumentative" objection is often stated as "Objection, your Honor, argumentative."

[edit] Examples of argumentative questions

  • "How do you expect the jury to believe that?"
  • "If you were going only 55 mph, how do you reconcile that with your testimony that you typically drive 5 mph over the speed limit?"
  • "Officer, why didn't you get a copy of the security video from the gas station in front of which you, allege, that my client sold you fake cocaine?"

[edit] See also

http://www.law.cornell.edu/rules/fre/rules.htm#Rule611


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