The Oklahoma Bar Journal January 2025

counsel should object and ask for a continuing objection. 17 When inadmissible evidence is introduced before an objection can be interposed, counsel should object and make a motion to strike. Although dated and sub ject to criticism, there are cases in Oklahoma holding that once a witness has answered a question, a delayed objection alone will not preserve the issue for appeal with out a motion to strike. 18 Specificity. A proper objec tion must also be specific. While the degree of specificity required will often vary depending on the issue and the context in which it is raised, the basic requirement remains the same: An objection must be “specific enough to allow the trial court to address the matter,” 19 giving the court “the opportunity to correct its action in the first instance.” 20 While it is clear that a general objection that evidence is “incompetent,” “improper” or “inadmissible” is

TIMING REQUIREMENTS FOR COMMON TRIAL OBJECTIONS AND MOTIONS

Issue

Deadline(s)

Jury Selection

Before the jury is sworn 3

At the earliest possible opportunity after the objection becomes apparent 4

Evidentiary Rulings

Sufficiency of the Evidence

At the close of the plaintiff’s case, and if a defense case is presented, at the close of all the evidence 5 At the close of the state’s case, and if a defense case is presented, at the close of all the evidence 6 Before the case is submitted to the jury and renewed after the jury returns its verdict 7 At the close of the government’s case, and if a defense case is presented, at the close of all the evidence. 8 The defendant may also “move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or the court discharges the jury, whichever is later.” 9

State – Civil

State – Criminal

Federal – Civil

Federal – Criminal

Jury Instructions

Before the jury is instructed 10 Before submission to the jury 11 Before the jury is discharged 12

Verdict Form

Form of the Verdict Trial Misconduct

Promptly, at least before the jury retires 13

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

JANUARY 2025 | 29

THE OKLAHOMA BAR JOURNAL