Chapter 9 - § 9.3 OBJECTIONS

• Jurisdiction: Colorado

§ 9.3 OBJECTIONS

There are at least two things to be careful about. First, do not do something that will draw an objection. Examples include argument and telling the jury about something that is inadmissible or has not been stipulated or admitted. Second, do not object to opposing counsel's opening unless it is truly necessary.

Colorado

➢ Discretion of Court. Ruling on objections falls within the discretion of the court. Pulliam v. Dreiling, 839 P.2d 521, 525 (Colo. App. 1992).

➢ Objection Required. Absent a proper objection during opening, the trial court is not required to determine whether evidence in support of factual allegations made in the opening will be admitted during the trial. Melton v. Larrabee, 832 P.2d 1069, 1071 (Colo. App. 1992); Cissell Mfg. Co. v. Park, 36 P.3d 85 (Colo. App. 2001).

➢ Objections to Matters Outside Pleadings. Timely objections are necessary to avoid a ruling that a party has impliedly tried issues that were not set forth in the pleadings. Podleski v. Mortgage Finance, Inc., 709 P.2d 18 (Colo. App.

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