When an attorney asks essentially the same question after receiving a clear answer, opposing counsel objects with "Objection, asked and answered." The judge may sustain the objection and instruct the attorney to move on to a new line of questioning. Courts grant more latitude on cross-examination, where some repetition is expected as counsel tests testimony from different angles. However, even on cross, the objection will be sustained when the attorney is simply repeating the identical question hoping to pressure the witness into changing their answer. The key distinction is whether counsel is approaching the same topic from a legitimately different angle versus simply repeating themselves.
Attorney: "How fast was the car going?" Witness: "About 40 miles per hour." Attorney: "And what speed would you say the vehicle was traveling?" Opposing Counsel: "Objection, asked and answered." Judge: "Sustained."
Attorney: "Let me ask this a different way—" Judge: "Counsel, the witness has answered that question clearly. Move on."
Opposing Counsel: "Your Honor, this is the third time counsel has asked this same question in slightly different words."
Students sometimes raise this objection when an attorney asks about the same topic from a different angle. The objection properly applies when the same question is repeated, not when a related but distinct question explores a different aspect of the same event.
United States v. Ratcliff, 488 F.2d 639 (5th Cir. 1974)
Recognized the trial court's broad discretion to prevent repetitious questioning that wastes time without adding probative value to the proceeding.
United States v. Reyes, 227 F.3d 263 (5th Cir. 2000)
Affirmed that trial courts properly exercise discretion in limiting repetitive questioning under Rule 611(a) to protect witnesses from harassment and prevent needless consumption of time.
When is an "asked and answered" objection appropriate?
The objection is appropriate when an attorney asks a question that the witness has already clearly answered, and the repetition serves no legitimate purpose such as clarification. It prevents attorneys from badgering witnesses into changing their answers or from unduly emphasizing particular points through repetition.
Does asked and answered apply on cross-examination?
Courts give more latitude on cross-examination, where repetition may serve legitimate impeachment or clarification purposes. However, persistent repetition of the same question after receiving a clear answer can still be objectionable as harassment or asked-and-answered, particularly if the attorney is simply trying to wear down the witness.
Can I ask the same question in a different way?
Generally yes. Rephrasing a question to approach the subject from a different angle or to clarify an ambiguous answer is different from simply repeating the identical question. The objection targets exact repetition for no legitimate purpose, not reasonable follow-up questioning on the same topic.
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The judge is the judicial officer who presides over court proceedings, rules on legal issues, instru...
