Making an objection is just as vitally important as overcoming one. To make an objection you must first object, then give the grounds of your objection i.e. relevance; prejudice / confusion; personal knowledge; hearsay; etc.
An affidavit of Business Records is a good example to illustrate an objection on the grounds of hearsay. “Hearsay” is an out of court statement offered to prove the truth of the matter asserted by the statement, therefore “ANY” affidavit can be deemed hearsay unless or until the affiant is made available for cross examination (See hearsay rules and exception for confirmation).
Basic way one might object:
- Stand up
- State your objection (e.g. “Your Honor I object”)
- State the exact grounds, (e.g. hearsay) and if you know it, state the legal rule (e.g. Federal Rules of Evidence; Hearsay, “Rule 804”)
- Explain briefly why you are objecting (e.g. Your Honor, the affidavit is hearsay because the affiant is not present for cross examination)
- Let opposing counsel respond. If you have a counter to his response you’d better get it on the record now. He may counter again, and when you are both finished, or when the judge has heard enough of it;
- Let the judge rule on your objection
- If the judge sustains your objection, great, sit down. If the judge overrules your objection, object to that. Remember you are in court for 2 reasons; (1) to win, and (2) in the event you do not win you are making your record for appeal.
When a foreclosure mill attorney presents a business records affidavit as alleged evidence of some kind of alleged default, you may wish to object by stating your objection and grounds.
“Objection your Honor, hearsay.” Opposing counsel will likely argue that these types of business records affidavits are not subject to the hearsay rule because they are largely accepted in most venues, or there is an applicable exception, blah, blah, blah… Your response might be something like, “Your Honor, the affiant claims that the documents contained therein are “the originals or EXACT duplicates of the originals.” Defendant holds that such an affirmative statement is perjurious unless; (1) the affiant was present at closing, or (2) the affiant was in physical possession of the absolute originals and knows them to be the absolute originals due to his/her presence at closing. I was present at closing and I have no recollection of the affiant’s presence.”
To overcoming an objection you must show that the material offered is relevant to your point; vital to your case, and is not going to be a waste of the court’s time (aka judicial economy).
Here is an article that goes into greater detail than I have here. http://filer.case.edu/org/caselawmocktrial/Documents/Objection%20Responses%20Round%20One.pdf
Good luck, and if you would like to discuss this information in further detail of you are in foreclosure and you are in need of Competent Evidence that can be entered into the record please contact me privately and I will be glad to assist you to the best of my ability.