Chapter 10 - 10.2 Need For Contemporaneous Objection

• Jurisdiction: Virginia

10.2 NEED FOR CONTEMPORANEOUS OBJECTION

Some lawyers believe that, as a matter of courtesy, they should not object during their opponent's closing. Because of the requirement for contemporaneous objection, however, appellate courts rarely reverse on the basis of an improper argument when no objection was made at the time the offending words were spoken.² A succinct objection that states the ground, with a request for a curative instruction or, in more egregious cases, for a mistrial protects the client's interest and preserves the error for appeal.³...