Commercial Litigation and Arbitration

Trial: Unanticipated/Undisclosed Evidence — An Objection Need Not Be Perfectly Contemporaneous with the Challenged Evidence to Be Timely

Johnson v. C.R. Bard, Inc., 2023 U.S. App. LEXIS 20963 (7th Cir. Aug. 11, 2023)

 We appreciate the challenges that parties face when attempting to respond to unanticipated issues arising in the heat of trial. For this reason, we have explained that “an objection [need not] be perfectly contemporaneous with the challenged testimony in order to ... be considered ‘timely.’ ” Jones v. Lincoln Elec. Co., 188 F.3d 709, 727 (7th Cir. 1999). But objections still must be “raised within a sufficient time after the proffer of testimony so as to allow the district court an adequate opportunity to correct any error.”

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