Must Make Secific Objections to Evidentiary Submissions

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Must Make Secific Objections to Evidentiary Submissions

Postby Administrator » Mon Sep 29, 2014 10:30 pm

Absent specific objections to evidentiary submissions, it is not possible to determine what objections the defendants are making to any specific exhibit. A party must timely object to the specified objectionable evidence, stating the specific ground of the objection. United States v. Martinez, 962 F.2d 1161, 1165-66 [5th Cir.1992]. "[Where] the ruling is one admitting evidence, a timely objection or motion to strike [must] appear[ ] of record, stating the specific ground of objection, if the specific ground was not apparent from the context. Fed.R.Evid. 103[a][1]. Because the purpose is to allow the judge to avoid error, the corollary is that to preserve the objection, the “specific ground” stated must be the correct one. See United States v. Diaz, 300 F.3d 66, 75-76 [1st Cir. 2002]." U.S. v. O'Brien, 435 F.3d 36 [1st Cir. [Mass.] 2006]. Also see, Carr v. Koerner, 120 Fed.Appx. 772 [10th Cir. [Kan.] 2005].
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