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(3) Only the Basis for Objections Articulated on the Record are Preserved for Appeal.

In addition to the requirement that a party must make his or her objections with sufficient particularity to preserve the objection for appeal, only the basis for the objection that is articulated on the record is preserved for appeal.

In Greensleeves, Inc. v. Smiley, No. 2010-230-Appeal, the Rhode Island Supreme Court declined to review a party’s argument that certain testimony should have been excluded based on a purported conditional immunity.  Id. at 19.  Before the trial court, the party had objected to the testimony on grounds of relevance but failed to raise any objection to the testimony based on the purported conditional immunity.  Id.  Invoking the raise or waive rule, the Court noted that “[i]t is well settled ‘that when, at trial, the introduction of evidence is objected to for a specific reason, other grounds for objection are waived and may not be raised for the first time on appeal.’”  Id. at 20 (quoting State v. Hallenbeck, 878 A.2d 992, 1017-18 (R.I. 2005)).

About The Author

Nicole J. Benjamin

I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.

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