During a civil trial, the plaintiff's attorney asks a witness about an incident, but the question posed appears to call for hearsay. The defendant’s attorney objects, stating 'Objection,' but provides no further explanation. The judge overrules the objection and allows the witness to respond. What should the defendant’s attorney have done to properly preserve the objection for appeal regarding the admission of this testimony?
Make a general objection and allow the judge to infer the specific legal problem with the testimony.
Explain the basis of the objection after the witness has testified.
Ask to strike the testimony after the judge has overruled the objection.
Provide the specific legal grounds for the objection and request further clarification or a ruling from the judge.
To preserve the objection for appeal, the defendant’s attorney must provide the specific legal grounds for the objection at the time it is made. This ensures the trial judge understands the basis of the objection and allows for appellate review if the ruling is challenged. Merely stating 'Objection' without further explanation typically waives the issue for appeal because it does not provide the judge or record with adequate supporting reasoning. Incorrect answers either suggest delaying the explanation to a time when objections are no longer procedurally appropriate or misunderstand the requirements for preserving objections and making the record clear.
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