Objection, That’s Been Asked And Answered. Ask A Different Question! NY Attorney Oginski Explains
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During your pretrial questioning, the defense lawyer asks you a question.
"What complaints did you make when you saw Dr. Jones on that first visit?"
You answer the question.

Five minutes later, the lawyer asks you "When you saw Dr. Jones on that first visit, did you make any other complaints?"
"Objection! Asked and answered," I say.

My adversary starts to argue with me that her question has not already been asked.
"Let's see...you asked what complaints did you make when you first saw my client?"
"Now you're asking 'Did you make any other complaints when you saw him?"

"Asked and answered. Move on counsellor. Ask a different question..." I say. Some attorneys try to get two or three bites or more on the same exact question hoping that you will give a different answer each time. Sorry, but that's not permissible.

If you want to re-hear what my client said, ask the court reporter to read back my client's answer and you'll see he already answered your question.

Some lawyers would then argue "Your client still has to answer the question unless it is privileged or is palpably improper."
While technically correct, I am permitted to argue that the question has been asked and answered and is not a properly phrased question.

Have questions about your matter that happened here in New York and you have not yet started a lawsuit? I invite you to call me at 516-487-8207 or by email: Gerry@Oginski-Law.com

I welcome your call.

Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com

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