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I Object! A Blog on Preservation of Error

March 2015

March 27, 2015 11:22 AM | Posted by Jason P. Kairalla and Zachary D. Ludens | Permalink
Preservation of Error TipsPractitioners should not be afraid to use the electronic format of evidence in their cases.  Electronic evidence is often more convenient and effective than its tangible counterpart.  At the same time, however, counsel  should be mindful that the rules governing the filing and admission of traditional evidence applies equally to electronic evidence.  Failure to appreciate this may result in unintended consequences and quite possibly waiver, as a case from the Middle District of Alabama makes clear. read more
March 11, 2015 2:13 PM | Posted by Wendy F. Lumish and Namrata S. Joshi | Permalink
Preservation of Error TipsThe recent case Baker v. R.J. Reynolds Tobacco Co., 2015 WL 671192 (Fla. 4th DCA Feb. 18, 2015), underscores the significance of objecting at trial to preserve error on appeal in unsettled areas of the law or in anticipation that precedent may change.  In some courts, like Florida, the failure to timely object results in waiver of the issue on appeal. read more