Category Archives: Trial Errors

Preserving Evidentiary Objections for an Appeal

This week’s posts focus on challenges to evidence, including the contemporaneous objection rule.

In an appeal that I handled last year, opposing counsel argued on appeal that a witness’s testimony was unduly prejudicial and cumulative. But there was no objection at trial. The Court of Appeals held that counsel waived the issue by failing to object when the evidence was offered. Curtis v. Blake, 392 S.C. 494, 503, 709 S.E.2d 79, 83-84 (Ct.App. 2011). See also Rule 103(a)(1), SCRE (requiring a timely objection or motion to strike to claim error). Continue reading