Contemporaneous, Specific Objections Are Necessary

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Contemporaneous, Specific Objections Are Necessary

Postby Administrator » Mon Sep 29, 2014 11:53 pm

Contemporaneous, Specific Objections Are Necessary


Merely parroting the rules of evidence is inadequate to preserve an evidentiary objection. In order to state and preserve an evidentiary issue for review by the court and for later appellate review, it is essential that the complaining party enter a contemporaneous objection to the evidence or testimony and state the reasons for the objection. The Fifth Circuit, in Rushing v. Kansas City Southern Ry. Co., 185 F.3d 496 [5th Cir. 1999] [Miss.], plainly stated that in evidentiary motion practice, the proper method of attacking affidavit testimony offered to support or oppose a summary judgment is by a motion to strike that contains specific objections.
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