During a trial, an attorney objects to opposing counsel's question posed to a witness, claiming that the question calls for hearsay. The judge, without elaborating, overrules the objection. To preserve the issue for appeal, what must the objecting attorney do?
Make an offer of proof regarding the substance of the evidence.
Reassert the objection at a later point during the trial.
Request clarification from the judge about the basis for the ruling.
File a motion for reconsideration after the objection is overruled.
To preserve the issue for appeal, the attorney must make an offer of proof regarding the substance of the evidence if this information is not already clear in the record. This procedural step ensures that the appellate court can evaluate whether the trial court’s ruling was erroneous. Simply objecting again later or requesting clarification from the judge does not fulfill this requirement. Similarly, filing a motion for reconsideration is not typically necessary for preserving the issue of admissibility for appeal unless there are extraordinary circumstances. The offer of proof remains the primary method for appropriately documenting the issue.
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