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I Object! A Blog on Preservation of Error

February 2015

February 26, 2015 1:57 PM | Posted by Alina Alonso Rodriguez & Justin Wales | Permalink
Preservation of Error TipsA recent case out of Montana, Peterson-Tuell v. First Student Transp., LLC, 339 P.3d 16 (Mont. Nov. 15, 2014), highlights the importance of a Rule 403 challenge and of making your challenges and objections as comprehensive and specific as possible.  There, after being involved in an auto accident, the plaintiff demonstrated no signs of injury, but later claimed the accident caused her to sustain a mild traumatic brain injury that caused her to have memory loss and difficulty concentrating. The plaintiff filed a negligence claim. The defendant admitted liability, leaving damages as the only issue. read more
February 13, 2015 10:46 AM | Posted by Jack Reiter and Charles Throckmorton | Permalink
Preservation of Error TipsTo preserve an issue for appellate review while at trial, is it acceptable to rely on a standing objection advanced when the issue first arises?  Or should you renew your position whenever confronted with objectionable conduct or evidence?  A recent Delaware decision illustrates the fine line between renewing an objection to preserve it for appeal and going overboard by repeating the objection when the trial judge has already ruled on it. read more
February 5, 2015 2:31 PM | Posted by Sylvia Walbolt and Zachary Ludens | Permalink

Preservation of Error TipsHave you ever found yourself without record proof of a negative—in other words, that you or opposing counsel did not take certain action in a case—only to then have to prove it at a later stage at trial or on appeal?  In an older case that recently caught our attention, Winn Dixie Stores, Inc. v. Miles, 616 So. 2d 1108 (Fla. 5th DCA 1993), the appellant learned the hard way what happens with respect to negatives in the absence of record proof.

In Winn Dixie, a personal injury case, the defendant wanted to show that the treating chiropractor was biased in favor of plaintiffs. To do so, defendant requested everything that had occurred in the twelve months prior to the treatment, and  that the chiropractor identify every case that resulted in a lawsuit.

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