At Trial: When to Object, When to Sit on Your Hands

From At Counsel Table: "To Object Or Not To Object," by Alex Craigie--

It’s interesting that our law school evidence classes teach us the mechanics of the rules of evidence, however, (if my memory serves) we’re not given much guidance on how to decide whether, assuming a question is objectionable, it is a good idea to object during trial. It is true that the rules of evidence have application outside the context of a jury trial, and in fact it can be years before a lawyer actually has to make the decision whether to raise an objection at trial. But the question whether it makes strategic sense to object in the presence of the jury merits some analysis.

I consulted Professor McElhaney and, as expected, he had wisdom to impart. In Litigation, he articulates rules for when to object. I’ll list the first five here.

Find the five rules at the full post.

Comments

[Steve Lockwood]

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