Is a failure to make a timely and specific objection cognizable?

California, United States of America


The following excerpt is from People v. Stewart, D058538 (Cal. App. 2012):

Importantly, a " ' "failure to make a timely and specific objection" on the ground asserted on appeal makes that ground not cognizable. [Citation.]' " (People v. Partida (2005) 37 Cal.4th 428, 434.) " 'To require this is simply a matter of fairness and justice, in order that cases may be tried on their merits. Had attention been called directly in the court below to the particular objection which it is now claimed the general objection of appellant presented, that court would have had a concrete legal proposition to pass on, and counsel for plaintiff would have been advised directly what the particular complaint against the question was, and, if he deemed it tenable, could have withdrawn the inquiry or reframed his question to obviate the particular objection. Trial judges are not supposed to have the numerous, varied, and complex rules governing the admissibility of evidence so completely in mind and of such ready application that under an omnivagant objection to a question they can apply with legal accuracy some particular principle of law which the objection does not specifically present.' " (Id. at p. 434.)

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