What is the current state of the law on speaking objections?

California, United States of America


The following excerpt is from Drilling v. Neville, A155907 (Cal. App. 2020):

9. During oral argument, counsel for the SSI parties suggested for the first time that their objections were sufficient because the trial court prohibited "speaking objections." But this argument comes too late. (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1185 [" 'We will not consider an issue not mentioned in the briefs and raised for the first time at oral argument.' "].) In any event, there is no indication the SSI parties objected to any such perceived prohibition on speaking objections in the proceedings below. We also disagree with the suggestion that a court's prohibition against speaking objections releases a party from the requirements of case law and Evidence Code section 353, subdivision (a), concerning the specificity of objections.

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