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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?
  • Yes, because hearsay is inherently unreliable and the court should have excluded it sua sponte.
  • No, because a party must object to the admissibility of evidence in a summary judgment motion to preserve the issue for appeal.✔️
  • Yes, because Rule 56 requires 'admissible' evidence, and hearsay is not admissible.
  • No, because summary judgment rulings are reviewed de novo and the appellate court will ignore the hearsay anyway.
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.