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Federal Rules of Civil Procedure (FRCP)
QUESTION #5666
Question 1
A plaintiff moves for summary judgment under Rule 56. The defendant opposes the motion with an affidavit from a witness that contains hearsay. The plaintiff does not object to the affidavit. The court grants summary judgment. On appeal, can the plaintiff raise the hearsay objection for the first time?
Correct Answer Explanation
Generally, evidentiary objections not raised in the trial court are waived. In the context of summary judgment, if a party fails to move to strike or otherwise object to an affidavit, the objection is usually waived.
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