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Perspective

Sep. 14, 2010

Evidentiary Objections: A More Economical Model

Allowing evidentiary objections in trial court saves time for appellate courts and simplifies civil proceedings but only when they are meritorious to evidence in dispute, by Kevin K. Hosn.

By Kevin Kian Hosn

The consequences of failing to object to evidence during summary judgment are severe. In the absence of a proper objection, the trial court considers all evidence (even evidence which would have been inadmissible upon objection) and incorporates the evidence and its inferences into the record. (See Code of Civil Procedure Section 473c(c)). Prior to last month's state Supreme Court decision in Reid v. Google (2010) 50 Cal.4th ...

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