A trial lawyer objecting to the admission of bad evidence must have a thorough understanding of motions in limine, objections and limiting instructions to avoid a waiver of the right to complain about the admission on appeal.
The first line of defense is the filing of a motion in limine, seeking to exclude certain facts from evidence. But a ruling denying a motion in limine preserves no error. Instead, the lawyer must object when the evidence is first offered, and continue to object every time the evidence is offered again, or the initial objection may be waived on appeal in the absence of a running objection. Be careful about relying on running objections because there is a risk that the running objection will be waived as the evidence changes or as different witnesses testify.
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