The importance of objections

The importance of objections in preserving the record on appeal cannot be emphasized enough.  To me, it is as important as saying “I do” during a wedding ceremony.  Until you speak those two little words, the wedding cannot be completed.  In a similar vein, until you object, you have not preserved the issue on appeal.

Challenging the admission of evidence generally takes three forms, depending on the timing:

1.     A pre-emptive motion in limine before trial begins;

2.     An immediate objection at the time the evidence is to come in; and

3.     A motion to strike if a witness answers before you can object or before the judge can rule on your objection, or the witness's response is non-responsive.

The biggest problem I have observed in this area is that the trial attorney fails to make a proper objection on the ground to which an appeal is being taken or the judge fails to rule on the objection.  For instance, these problems can arise when an objection is made and then the attorneys and trial court engage in a discussion, losing sight of the fact that ruling has not been made.