Section 6.4 Requirements for Objections
Library | Evidence 2017 |
A. (§6.4) Requirements for Objections
Objections to evidence at trial must be specific to properly advise the trial court and opposing counsel of the challenge to the evidence. Keller v. Anderson Motor Serv., Inc., 652 S.W.2d 735, 737 (Mo. App. E.D. 1983). An objection should advise the trial court of the rule of evidence upon which the objection is based and why the rule excludes the proposed evidence. Tauchert v. Ritz, 909 S.W.2d 687, 690 (Mo. App. E.D. 1995). “It is required that any objection to evidence be sufficiently clear and definite so that the court will understand the reason for the objection.” State v. Schuster, 92 S.W.3d 816, 821 (Mo. App. S.D. 2003).
This requirement allows opposing counsel an opportunity to respond to the objection and the trial court to consider both the objection and the response in determining admissibility. Keller, 652 S.W.2d at 737. The requirement for specific objections during trial also serves the purpose of avoiding errors and allowing an intelligent ruling by the trial court. Chism v. Steffens, 797 S.W.2d 553, 559 (Mo. App. W.D. 1990). The purposes for requiring specificity are served only if the specific objection is made at the time the evidence is offered. Keller, 652 S.W.2d at 737.
General objections, such as irrelevant, immaterial, incompetent, self-serving, prejudicial, or lack of foundation, fail to preserve any...
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- Section 6.1 Judicial Discretion Regarding the Admission and Exclusion of Evidence
- Section 6.2 Motions in Limine
- Section 6.3 Motions to Suppress
- Section 6.4 Requirements for Objections
- Section 6.5 Rulings on Objections
- Section 6.6 Preserving or Waiving Objections
- Section 6.7 Motions to Strike
- Section 6.8 Offers of Proof
- Section 6.9 Appeals Involving Evidentiary Rulings
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