Tuesday, July 21, 2009

Don't articulate---Exclamate!!

To the growing chronicle of why Maryland law is better than Texas law, I add this. Texas Rule of Evidence 103(a)(1) mirrors the federal rule:
Error may not be predicated upon a ruling which admits . . . evidence unless a substantial right of the party is affected, and . . . a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context[.]
For my non-law friends, this is referred to as the "specific objection rule." At trial, you can't just yell out "Objection!!" and expect the judge to hammer her gavel and affirm your just rage with a clear and condemning "Sustained!!" She won't. Not in Texas, at least. Instead, you have to articulate, saying something like "Objection---hearsay," or "Objection---the defendant's sexual history is irrelevant to whether he ran the red light." As you can see, exclamation points get drowned in the articulation.

But in the Old Line State, shaped like a gun with a law as simple and effective, there is no specific objection rule. Read for yourself:
Error may not be predicated upon a ruling that admits . . . evidence unless the party is prejudiced by the ruling, and . . . a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was requested by the court or required by the rule[.] (emphasis added)
Maryland Rule 5-103(a)(1). That, my friends, is colloquially referred to as the "Maryland!! beats Texas. rule." In a Maryland court of law, see, you can vent your frustration with that lone beautiful word: "Objection!!" See? When you don't have to articulate, you can exclamate. And that's a beautiful thing.

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