Objection Procedures

News & Analysis as of

Be Punctilious, Or You Might Inadvertently Waive A Personal Jurisdiction Objection In Federal Court

May you preserve an objection to personal jurisdiction by including a general denial to the complaint’s allegation in your answer and then moving to dismiss on personal jurisdiction grounds less than three (3) months later?...more

Handling Difficult Depositions Like a Pro

Depositions are a critical part of any case. For many lawyers, a deposition will be your first time taking testimony or making contemporaneous objections. This can be intimidating, especially if you perceive your opposing...more

Written Objections to Summary Judgment Evidence are Preserved for Appeal

On August 10, 2015, Governor Brown signed SB 470, codifying the holding in Reid v. Google, Inc. (2010) 50 Cal.4th 512, that evidentiary objections on motions for summary judgment are preserved on appeal whether or not the...more

Incoming! 5 Ways to Prepare for Discovery Requests

Your discovery plan shouldn’t be all about what you’re requesting from the other side—it should also anticipate and prepare for the discovery you expect to receive. Here are five things to do before discovery requests...more

Timing is Everything: When Is The Right Time To Move To Remand?

It may not always be apparent whether a potential basis for remand is procedural or impacts subject matter jurisdiction. As a recent federal case from Kentucky demonstrates, identifying issues and classifying them early is...more

Illinois law now requires children to be vaccinated

Illinois law requires students to provide proof of immunization to be admitted into school. Until now, parents could exempt their students from this requirement for either medical or religious reasons. When based on...more

Attention All Co-Defendants: Make Your Own Objections, Don’t Rely on a Co-Defendant

A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own? In Amato v. Bell & Gossett, 116 A. 3d 607 (Pa. Super 2015),...more

Lost on a Motion in Limine? Make Your Record!

The basic rule is that, if you don’t make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Accordingly, if you don’t...more

Changes in the Law Part 2: When Appellate Counsel Are Called Upon to Be Fortune Tellers

Several months ago, we reported on a case in which a Florida court ruled that in order to take advantage of a change in the law, a party must first make the proper objection at trial. In other words – trial lawyers were...more

UPDATE – First Circuit Upholds Method of Distribution of Notice in Hill v. State Street Corp., But Cautions Against Practice of...

The United States Court of Appeals for the First Circuit recently issued a summary dismissal denying a number of objections to the Settlement Agreement reached in Hill v. State Street Corporation. The decision further sheds...more

What’s in a Name? Properly Identifying Objections

Where the jury finds liability and no damages, an objection that the verdict is inconsistent does not preserve the argument that the verdict is the result of an unlawful compromise, says the Eleventh Circuit  in Reider v....more

CentsAbility: Creditors' Rights Law Update - If you Have an Objection, Speak Now or Forever Hold Your Peace

A creditor recently received a wake-up call from the Bankruptcy Court for the District of South Carolina in In re Crawford, an opinion issued by the Court on June 8, 2015. In Crawford, the Court granted the debtors’ motion to...more

Court Denies Motion for Extended Deposition Despite over 300 Objections During Deposition Where Defendant Failed to Raise Issue...

In this patent infringement action, the Defendants requested that the court order a further Rule 30(b)(6) deposition of one of the deponents, Mr. Pang. In the motion, Defendants argued that Plaintiff's counsel objected more...more

Motions In Limine, Contemporaneous Objections, and the Need to Adequately Preserve the Record

You have filed your motions in limine and obtained rulings prior to trial. You put the motions in a box in the back of the courtroom and figure all of your objections have been preserved. Wrong! It is always a good...more

PTAB Orders Halt to “Speaking” Objections in Deposition

The Board continues to strongly enforce its regulations regarding the behavior of attorneys defending depositions in inter partes review proceedings. In an order entered in both Medtronic, Inc., Medtronic Vascular, Inc., and...more

Motions In Limine, Contemporaneous Objections, And The Need To Adequately Preserve The Record

Does your motion in limine sufficiently preserve your objection to the introduction of evidence at trial, or do you need to be on your toes to make a contemporaneous objection at trial? A recent Illinois decision illustrates...more

The PTAB Warns Attorney That Speaking Objections May Warrant Exclusion of Expert's Testimony

In an inter partes review Medtronic Inc. et al. v. Troy R. Norred, M.D., the Petitioner sought guidance from the Board regarding the Patent Owner's objections during the deposition of an expert appearing on behalf of the...more

Respond with Caution! Responses to Discovery "Subject to the Stated Objections" May Waive Your Client's Objections

A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more

Speaking Objections Are Not Allowed, And Neither Are Whispered Instructions - Lexos Media, Inc. v. Zynga Inc.

Case Number: 1:12-cv-07994-PGG (Dkt. 97) - Lexos Media moved for an order prohibiting speaking objections in further depositions, and for fees and costs associated with a deposition. The court ordered that “speaking...more

Objections Should be Served but Not Filed

Objections to evidence must be served, but not filed. 37 C.F.R. § 42.64(b)(1). ...more

PTAB Clarifies Procedure for Filing Supplemental Evidence in Response to Objections

As a follow up to our post regarding issues that have arisen to date regarding supplemental evidence, it is worth noting two recent PTAB decisions in which the proper procedure for introducing supplemental evidence in...more

Sued by Midland Funding, LLC? The Dangers of Going it Alone.

Arizona Midland Funding, LLC LawsuitI am a lawyer in Arizona that represents people against Midland Funding, LLC in lawsuits. So this blog post may appear somewhat self serving. A lot of people who get sued by Midland...more

Missouri Supreme Court Allows Employees to Proceed with Discrimination Lawsuits Based on Untimely Filed Charges of Discrimination

On August 27, 2013, the Missouri Supreme Court issued an opinion that significantly changes the way employers will have to approach raising objections to improperly filed charges of discrimination under the Missouri Human...more

23 Tips For Improved Jury Instructions

Jury instructions are important in winning the case before the jury. They can also provide grounds for appeal if errors are properly preserved. The following points address the most common problems we appellate lawyers see...more

The Importance Of A Notice Of Objection: Salisbury v. The Queen

In Salisbury House of Canada Ltd. et al. v. The Queen (2013 TCC 236), the Tax Court of Canada reiterated the importance of the statutory preconditions that must be met before a taxpayer may appeal to the Court. ...more

32 Results
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.