In California, the “asked and answered” objection is raised when a question has already been posed to the witness and an answer has been provided, but the attorney asks the same or substantially the same question again. This objection is based on the idea that asking a question repeatedly can be seen as an attempt to harass the witness or to get a different answer, rather than seeking new or relevant information. It is also a procedural tool to avoid unnecessary repetition and to keep the trial process moving efficiently.
The objection can be sustained if it is clear that the question has already been answered, and the court will typically instruct the attorney to move on. However, the objection may not be sustained if there is a legitimate reason for the repetition, such as clarifying an answer or ensuring that the testimony is fully understood. Under California Evidence Code section 766, attorneys must refrain from asking the same question without a valid basis, as this can be seen as an attempt to manipulate or confuse the witness, which can ultimately be detrimental to the fairness of the trial.
