9.30 - 3. Timeliness

• Jurisdiction: New York

3. Timeliness

Be sure to object to questions in a timely fashion in order to avoid waiving any alleged error. Courts have held that “[w]hen a timely objection is not made, the testimony offered is presumed to have been unobjectionable and any alleged error considered waived.”²¹⁵¹

--------

Notes:

^[2151] . Horton v. Smith, 51 N.Y.2d 798, 799, 433 N.Y.S.2d 92 (1980) (plaintiff waived any error with respect to the police officer’s lay testimony concerning the point of impact in an automobile accident because plaintiff failed to object to another series of questions in...