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Waiving Objections

militarydefenselawyers050In addition to the system above, Prof. Schlueter gives the following reasons for waiving objections:

  1. The witness’ answer will help you.
  • Objecting would decrease the chance to offer similar evidence later at trial.
  • The witness’ answer opens the door to certain evidence.
  • The objection would force the opponent to use more persuasive forms of evidence.
  • The objection will force the opponent to lay a more persuasive objection. Think through the “foundation” objection before you make it. Unless the other party really cannot meet the foundational requirements (and if they can’t, you should have taken care of that in a motion in limine ), then the military judge will likely complete the basic foundation to keep the trial moving along. If the evidence is going to come it, it is better that it comes in with a weak foundation than a great, persuasive foundation.
  • The evidence doesn’t hurt that much.