What is the test for overruling an evidentiary objection?

California, United States of America


The following excerpt is from People v. Aguilar, H044120 (Cal. App. 2019):

"If the court overrules [an evidentiary] objection, the objecting party may argue on appeal that the evidence should have been excluded for the reason asserted at trial, but it may not argue on appeal that the court should have excluded the evidence for a reason different from the one stated at trial. A party cannot argue the court erred in failing to conduct an analysis it was not asked to conduct." (People v. Partida (2005) 37 Cal.4th 428, 435.) But the objecting party "may make a very narrow due process argument on

Page 25

Other Questions


Can a defendant argue that a trial court erroneously overruled an evidentiary objection? (California, United States of America)
What is the test for sustaining multiple prosecution objections and overruling multiple defense objections at trial? (California, United States of America)
What is the rule that a party must submit an objection at a later trial, even though the objection had been overruled at a previous trial? (California, United States of America)
Does a failure to obtain an express ruling on an evidentiary objection waive objection on appeal? (California, United States of America)
What is the test for overruling a defendant's objection to a prosecutor's reference to sexual assault in his opening statement? (California, United States of America)
What is the test for overruling an objection to alleged prosecutorial misconduct? (California, United States of America)
What is the test for a failure to object on a motion of no objection? (California, United States of America)
Is there any case law where a defendant's personal objection to the disclosure of confidential client information was overruled? (California, United States of America)
In a civil case, what is the effect of the error by a federal judge in overruling an objection made by a witness? (California, United States of America)
Can a new objection and waiver rule be applied retroactively when existing law does not require an objection? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.