Friday, August 29, 2014

Assertion of “Steaming Mounds of Objections” Results in Waiver of all Objections to Trial Exhibits

The court rejected both parties' objections to exhibits and deemed all objections waived for their failure to comply with the Federal Rules of Evidence and the court's scheduling order. "It seems the parties are under the misconception that the Federal Rules require a judge to shovel through steaming mounds of objections in a Herculean effort to discern the shining gold nugget that will result in a ruling that prevents an opponent from introducing a document. Nothing could be further from the truth. Objections must be specific. . . . Inundating the court with a smorgasbord of objections from which to choose leads to the firm perception that, being unable to articulate clear grounds for an objection, counsel simply feels the evidence might hurt the client’s case. But introducing evidence that is prejudicial to an opponent’s case is a trial lawyer’s job. . . . Counsel should keep in mind that the purpose of the court’s requirements concerning exhibits is to conserve counsel’s limited trial time, and to eliminate the need for the boring (to the jury, although perhaps not to evidence professors) exercise of laying lengthy predicates, making objections and obtaining formal rulings. "

Affinity Labs of Texas, LLC v. Ford Motor Company, 1-12-cv-00580 (TXED August 25, 2014, Order) (Clark, J.)

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