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Objection Procedures Litigation Strategies

Holland & Knight LLP

How to Make Clear, Quick and Effective Objections

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small addresses the art of making effective objections during trial, highlighting the importance of preparation, quick thinking and...more

Holland & Knight LLP

Podcast - A Checklist of Common Objections

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small provides a checklist of the most common objections and their shorthand descriptions. Mr. Small shares why he believes this is...more

Carlton Fields

Don't Leave it to the Appellate Court to "Make the Best of a Bad Thing": The Seventh Circuit is the Latest to Require a...

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On September 2, 2020, the Seventh Circuit Court of Appeals issued its decision in Continental Vineyard, LLC v. Vinifera Wine Co., LLC, and adopted a new contemporaneous objection rule for the circuit in doing so. In this...more

Pierce Atwood LLP

A Class Settlement Checklist

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Having heard good things about it for years, last month I finally got around to reading Dr. Atul Gawande’s book, The Checklist Manifesto, and have begun to give some thought regarding its application to class action practice....more

Carlton Fields

Preserving The Record For Appeal: A Trial Lawyer's Checklist

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This checklist is intended as an overview to help trial lawyers preserve the record for appeal. It is not exhaustive of all steps necessary to preserve error in every situation. Certain rules may vary by state/federal...more

Carlton Fields

More Is Usually Better: One Objection to An Expert’s Opinion Will Not Necessarily Preserve a Challenge to Its Admission

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In challenging the admission of an expert opinion, you should not assume that, because you objected on one basis, you have properly preserved for appeal objections on other grounds....more

Carlton Fields

Timely And Specific: Making Objections To Federal Magistrate Reports

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Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate’s report and recommendation are filed...more

Carlton Fields

The Keys To Preserving Error For Appeal

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During a judicial career that spanned more than 25 years, Carlton Fields Shareholder Peter Webster presided over numerous jury trials as a circuit judge and authored hundreds of appellate opinions following his appointment to...more

Carlton Fields

Good For The Goose, Good For The Gander: Waiver Of A Waiver Objection

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It is axiomatic that objections not presented to the trial court are deemed waived on appeal. What may come as a surprise, however, is that waiver arguments can also be waived. Thus, a party’s failure to raise a waiver...more

Carlton Fields

Objecting To Violations Of Prior Rulings

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Most recognize the well-known rule that, “once a trial court has definitively ruled on an issue on the record, before or during trial, a party need not renew an objection at trial to preserve a claim for appeal.” A slightly...more

Troutman Pepper

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

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The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

Butler Weihmuller Katz Craig LLP

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Carlton Fields

The Key to Jury Instruction Preservation: Objecting with Precision and Completeness

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In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as...more

Carlton Fields

When Objecting Once Is Not Enough: Recognizing a Continuing Duty as the Charges and Verdict Form Evolve

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On November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys with the trial judge, there is a continuing obligation to object; the timing of...more

Carlton Fields

Quick Trial Checklist

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This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. ...more

Carlton Fields

A Former Appellate Court Judge Offers Tips to Trial Attorneys

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While trial attorneys know they must preserve issues they wish to raise on appeal, they often overlook the basic steps required to help ensure appellate review. During more than 27 years on the bench, former Florida appellate...more

CMCP - California Minority Counsel Program

Revised California Rules Intended to Streamline Demurrer Process With New Meet-And-Confer Requirements

California courts are tired of hearing your demurrers, and now the state has done something about it. Code of Civil Procedure Section 430.41, which went into effect on January 1, 2016, now requires a meet-and-confer process...more

Carlton Fields

Objecting to a Magistrate Judge's Report and Recommendation

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An unpublished opinion from the Tenth Circuit Court of Appeals in January 2016 caught our eye because it collected various established preservation-of-error principles for objecting to a magistrate judge's report and...more

Carlton Fields

A Model Preservation Test for Race-Based Peremptory Challenges

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Preserving error during voir dire can be tricky. In jurisdictions like Florida, certain steps must be taken to preserve objections, including those related to pretextual peremptory challenges. On March 18, Florida’s...more

Carlton Fields

Don’t Rest on Your Laurels: The Importance of Adapting Objections to Changed Circumstances

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Without a crystal ball, trial lawyers can make objections only on the basis of what has occurred or what they reasonably expect might occur based on the facts and circumstances existing at the time. Litigation, however is a...more

Carlton Fields

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

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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

Carlton Fields

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

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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

Carlton Fields

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

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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

Carlton Fields

23 Tips For Improved Jury Instructions

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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

Carlton Fields

Tips For Opening Statements And Closing Arguments

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Jury trials are supposed to be a forum within which the parties, represented by competent, professional and zealous counsel, present their positions in a coherent, thoughtful and respectful manner to their fact-finding peers....more

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