Parties Do Not Always Need to Renew Their Objections
Evidence
January 20, 2012
Recently, the Seventh Circuit dealt with a Daubert challenge to an expert's opinion in Messner v. Northshore Univ. Healthsystem, ___ F.3d ___ (7th Cir. 2012), Case No. 10-2514. On appeal, that expert's proponent argued that there had only been a motion to strike the initial report, and not the expert's later testimony and supplemental report, so the objection to this evidence was waived. The Court disagreed because it found the initial objection was sufficient to preserve the issue for appeal.
The best practice is, of course, to object to the introduction of objectionable evidence every time it is introduced. However, the court's decision shows that appellate courts will apply waiver rules in a common-sense manner, so that issues will not be waived unnecessarily.
Lesson:
Recently, the Seventh Circuit dealt with a Daubert challenge to an expert's opinion in Messner v. Northshore Univ. Healthsystem, ___ F.3d ___ (7th Cir. 2012), Case No. 10-2514. On appeal, that expert's proponent argued that there had only been a motion to strike the initial report, and not the expert's later testimony and supplemental report, so the objection to this evidence was waived. The Court disagreed because it found the initial objection was sufficient to preserve the issue for appeal.
The district court repeatedly put off dealing with the substance of these objections. Plaintiffs' objections gave the district court and defendant ample opportunity to address the issues. Where the district court repeatedly put off dealing with the issues, plaintiffs did not need to renew their unsuccessful objection every time the same witness attempted to provide additional information.
The best practice is, of course, to object to the introduction of objectionable evidence every time it is introduced. However, the court's decision shows that appellate courts will apply waiver rules in a common-sense manner, so that issues will not be waived unnecessarily.
Lesson:
- When a district court puts off dealing with an objection, the objecting party need not renew its objection every time the same witness attempts to provide additional evidence.
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