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I Object! A Blog on Preservation of Error

Technology-Related Issues

July 7, 2017 3:55 PM | Posted by Sylvia H. Walbolt and Nicholas A. Brown | Permalink
Emails can create many problems for litigants and their lawyers, but a recent appellate decision in Florida demonstrates yet another peril: proper service, and thus preservation, of demands for sanctions. read more
October 26, 2016 12:06 PM | Posted by Jason Patrick Kairalla | Permalink
From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in this fashion, but care must be taken to address potential appellate issues and preserve a clean record. read more
June 1, 2016 3:56 PM | Posted by Jorge Pérez Santiago and Stephanie Fichera | Permalink
With the advent of courtroom technology, parties are increasingly relying on audiovisual evidence or demonstrative aids to present their case to the trier of fact. Sometimes, however, counsel fail to specifically object to some aspect of the presentation – whether it be an objection to certain portions of the content, or to the timing or introduction of the presentation to the jury. read more
May 23, 2016 9:36 AM | Posted by Jason Patrick Kairalla and Charles W. Throckmorton | Permalink
Videotaped depositions can be an effective trial tool. read more
April 20, 2016 11:45 AM | Posted by Dean A. Morande and James E. Parker-Flynn | Permalink
Even apart from the importance of assuring appellate review, properly preserving the record and carefully laying out one’s argument can have an immediate impact at the trial level.
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June 30, 2015 9:59 AM | Posted by Wendy F. Lumish & Steven Blickensderfer | Permalink
Preservation of Error TipsToday, it is rare for a trial to take place without the use of PowerPoint presentations. They most often appear during opening statement, the examination of experts, and closing argument. So let’s suppose that opposing counsel puts up a PowerPoint with highly prejudicial images or misrepresentations about your client. Of course you object. The court sustains your objection, orders the particular slides removed, instructs the jury accordingly, but denies your motion for a mistrial. Thereafter, you suffer an adverse verdict. You have done what you need to pursue this issue on appeal, right? Wrong. read more
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