CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Effect of Erroneous Admission of Evid
.........Failure to Object
11 Cards On This Topic:
  • Objection must be preserved by specific objection at time evidence introduced; opponent cannot make ?placeholder’ objection stating general or incorrect grounds and later revise it in motion to strike on specific or different grounds.
  • Failure to object to evidence improperly brought out on cross-examination by DA waives objection.
  • Waiver by failure to object applies to questions asked by judge.
  • D's hearsay statement, admitted without objection, can be considered in determining whether P met burden of proving probability of success on merits.
  • Waiver of objection rule applies to Code Civ. Proc. §437c [summary judgments] and Code Civ. Proc. §437c (f) [summary adjudication].
  • Failure to object to evidence illegally seized (4th Amend.) waives error.
  • Failure to object waives error in admissibility of evidence in violation of Miranda (5th Amend.)
  • Evidence received without objection may be relied upon to support finding, even if objection might have excluded it.
  • Failure to object to inadmissible evidence waives defect.
  • Failure to object rule does not apply where party cross-examines on evidence erroneously admitted after objection.
  • Failure to object rule does not apply where court has previously ruled adversely on same line of evidence.