Barkan & Robon Ltd.
Reach Out To Us Today
567-302-0763

Litigation and appeals: the importance of objections

Although many legal disputes in Ohio end with settlement prior to going to trial, some cases will ultimately require litigation. This is often the case when the parties are confrontational toward each other, as well as when the stakes are high for each side. Preparation prior to litigation is key to building a strong case. However, even after discovery is conducted, witnesses are subpoenaed and testimony is prepared, the actual act of litigating requires skill. How one party litigates can have a tremendous impact on the outcome, even if the initial trial is lost.

This is why it is important to appropriately and timely make and respond to objections. One reason this is important is because it can either limit the scope of the opponent's evidence, or it can expand your ability to get testimony and documents admitted into evidence. For example, hearsay, although generally not allowed, will be heard by a judge and jury unless it is objected to. Therefore, when one side successfully raises a hearsay objection, it disallows the other side from getting that testimony into evidence. On the flip side, successfully rebutting a hearsay objection will allow that evidence to be admitted.

Another critical reason for proper objections and aggressive responses is that they preserve the record for appeal. This means that, if a timely objection is raised, even if the trial judge rules against the objecting party, that party can raise that objectionable issue on appeal. If no appeal is made at the trial level, then the matter is considered waived, meaning that the court of appeals cannot consider that particular issue. Therefore, making correct objections when appropriate can set a case up for a strong appeal.

There are many moving parts to a lawsuit. Those who are unfamiliar with this area can quickly find themselves overwhelmed, which oftentimes leads to mistakes. Fortunately, those facing legal disputes can take the steps necessary to ensure that their cases are as strong as the evidence allows.

No Comments

Leave a comment
Comment Information
Put Barkan & Robon Ltd. On The
Case
Today
Email Us For A Response

Get In Touch With Barkan & Robon, Ltd.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Maumee Office
1701 Woodlands Drive
Suite 100
Maumee, OH 43537

Phone: 567-302-0763
Fax: 419-897-6200
Maumee Law Office Map

Oregon Office
2427 Woodville Road
Oregon, OH 43616

Map & Directions

Review Us