13. Objections

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An objection is how you tell the member that the other party’s evidence, testimony or question should not be allowed. A successful objection will keep evidence from entering the record. This means that the member cannot use that evidence to decide your case.

CART is not required to follow the rules of evidence used in courts. As a result, with only one exception, CART can accept any evidence.18 The exception is privileged information (explained later).

To make an objection, you say “objection” or otherwise indicate that you do not agree with what is being said. You say it as soon as you hear a question or see evidence that you think should not be included.

You will then say why you are objecting to the question, statement or evidence. If the member agrees with your objection, the evidence will not be considered. If the member disagrees with your objection, the evidence can be considered.

Below, we review the most common types of objections.

13.1 Relevance

You can object to the evidence if you think a piece of evidence or something a witness is saying has nothing to do with the issues in question.

13.2 Leading questions

If the other party asks a question during direct examination that leads the witness to a certain answer, you can object to the question as “leading.” This is often the case with “yes” or “no” questions. For example, “Did you suspect a problem right away?” is a leading question because it implies there was a problem right away. It would be more appropriate to ask, “When did you suspect a problem?”

Please note that during direct examination the member may allow leading questions for simple background information to move the testimony along.

For example, if the applicant’s mother is testifying, the member may allow the question, “You are the respondent’s mother, correct?” instead of, “How do you know the respondent?”

However, when someone asks about issues directly related to the case, leading questions are not allowed.

13.3 Privileged information

Privileged information is legally protected so that it does not have to be shared.

One kind of privileged information is solicitor-client privilege (what is said between a lawyer and their client).

13.4 Compound questions

A compound question is two or more questions combined as one. Compound questions are not allowed because they can confuse the witness, the other party and the member. Also, it may not be clear which of the questions the witness is answering.

If you find yourself asking a compound question, do not get flustered with the other party’s objection or abandon the issue entirely. Rather, separate the questions to ask one at a time, and they may be allowed.

13.5 Argumentative

When the cross-examiner argues with the witness (“badgering the witness”), the other party can object to the questioning as argumentative.

13.6 “Asked and Answered”

Sometimes, the person asking questions may ask the same question repeatedly and in different ways, or re-ask a question they asked earlier in the testimony.

After a question has been asked and answered, you can object to any further attempts to ask it.

13.7 Vague

A vague question is one that is unclear. You can object to vague questions because the witness could misunderstand the question and answer in a way that hurts your case.

If a vague question is objected to, the person asking the question may be permitted to ask it in a different way that is more specific.

13.8 Non-responsive

When a witness answers a question with information that is unrelated to the question, you can object to it as being “non-responsive.”

This can be especially important in cross-examination when you are looking for very specific “yes” or “no” answers.

13.9 What you cannot object to

Opinion and hearsay evidence are allowed at CART.

As a result, you cannot object if the evidence is:

Footnotes

12. Preliminary issues 14. Use of Artificial Intelligence (AI)