Category Archives: Preserving error
Land Mine #7: Misconduct of Counsel
Land Mine #7: Misconduct of Counsel Challenging attorney misconduct requires close attention to specific procedures. When a party objects to attorney misconduct during trial, including improper argument, and the objection is sustained, the party must also timely move for a mistrial or request a curative instruction in order to preserve the issue for a trial … Read More
Land Mine #4: Objections
Land Mine #4: Objections As a general rule, objections must be specific, and they must be timely. Objections must be contemporaneous, or the alleged error will be waived. The objection also must state the specific legal grounds, and only those grounds will be considered by the appellate court. This principle is based on fairness to … Read More