Section 11.5 Tactical Considerations

• Library: Civil Trial Practice 2015 Supp

A. (§11.5) Tactical Considerations

Counsel can painstakingly prepare each minutia of the case to carefully craft a persuasive story as to why a party is or is not entitled to recover. But while counsel may have complete control over the case, counsel does not have any control over what opposing counsel may wish for the jury to hear. The only weapon to thwart against the opponent’s potentially damaging evidence is the use of the objection.

Counsel should not rely on Rule 78.08 or Rule 84.13, which allow the trial court or appellate court to consider plain error. The only sure way to ensure that objections will be reviewed on appeal is to raise them at the trial. T.S. v. P.S., 797...