The Art of Objections at Trial: A Success Story

Originally posted by Neil Garfield

This story is good. It corroborates my articles on the needed skills to go to trial. Evan Rosen describes in brief what he did. It would be nice if he would expand on why these objections were right and how much more he could have said if he was challenged by opposing counsel. But it also shows another important thing.

While the Courts have yet to rule or express opinions on their doubts about the bogus loans, notes and mortgages, bogus bonds and bogus foreclosures, we are seeing a radical shift in their rulings at trial and an increasing shift in Discovery. Rulings against the Plaintiff foreclosing party are becoming increasingly common. Discovery is being allowed and many cases are thrown off the rocket docket and into general civil litigation. And a properly framed objection to evidence is taken seriously and frequently sustained leaving the foreclosing party with nothing.

These developments are especially important because many suits are being filed for deficiency judgments on foreclosures that were wrongful in the first place. 110 such actions were filed in Palm Beach County in the last month. Interestingly, the foreclosing party is NOT going back to the same Court in the same suit that was the foreclosure. They are filing separate actions. The Banks are afraid of providing a forum for the homeowner to challenge the assumptions that resulted in the foreclosure. Their fear is based in reality. The same Judges that were rubber stamping foreclosures are slowly changing their rulings as described by Rosen.

Trial practice is an art. There is no such thing as perfection. The trial lawyer must constantly make calculations as to what objections to raise and how to stick to his or her narrative of the case. Rosen here took control of the narrative by laying the foundation that the witness was legally incompetent to testify on the most important elements of the case filed for foreclosure. His objections flowed from that foundation. He threaded his case based upon feedback from the Judge. And he took a calculated risk when it came time for cross examination.

The lesson here is that there is a time to object and a time not to object regardless of whether you have grounds. There is a time to cross examine and there is a time to take the risk and close the case based upon the insufficiency of the Plaintiff’s case. The objective is to win. And this case described by Evan Rosen describes procedures that are far outside the knowledge of any pro se litigant. Trial practice is like surgery. Nobody should do it without specialized training, license and experience.

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