during a trial in a civil lawsuit, is it everacceptable for me to jump up out of my seat and make an objection during the defensesopening arguments? want to learn the answer? come join me for a moment as i share withyou some great information. hi, i'm gerry oginski. i'm a new york medicalmalpractice and personal injury attorney practicing law here in the state of new york. is it everacceptable to jump up out of my seat when
Minneapolis Injury Lawyers, my adversary, the defendant, is making openingarguments? well, there may be instances where i feel it is absolutely necessary to do that.there is no technical prohibition that says, hey oginski, you can't do that. under no circumstancecan you make an objection during your opponent's opening arguments.
traditionally, we tend not to do it. my adversarywill tend not to make an objection during my opening arguments. likewise, i try notto do it when they are making they're opening arguments. it's an opportunity for each sideto explain to the jury what they believe the proof is going to show in the case. the juryis paying wrapped attention and now once you get those interruptions, it's going to distractthe jury. it's going to distract the attorney and now the judge has to make an immediateruling. so there's no technical prohibition that says,hey, an attorney you cannot object when another lawyer is making their opening arguments.however, there are certain instances where my opponent is going to say something or doessay something that i feel is so prejudicial
that i feel is so inappropriate that i haveno choice but to stand up, yell out objection judge, and now i have to wait for the judgeto rule on my objection. is he going to allow the attorney to go aheadand say that or is he going to say, counselor, you can't say that, move on? now, he may turnaround and say, mr. oginski that's what he claims the proof will show. the jury willultimately decide whether or not what he's saying is true. so that is often what willoccur if an attorney makes an objection during opening remarks because we want to let thejury know what this case is about. we want to let the jury know what the proof is goingto show, what the witnesses are going to say as they come in to testify, and you will findthat many attorneys actually make promises
to the jury about what the evidence is goingto show. so now at the end of the case, when they come back and make closing remarks theycan say, ladies and gentlemen i promised you at the beginning of the case we were goingto show a, b and c and in fact, this is what we've shown and here's why we're entitledto a verdict. so, to answer the question is it ever appropriatefor an attorney to jump up during opening arguments and yell out, objection? the answeris maybe yes and maybe no. so why do i share this intriguing story with you? i share itwith you just to give you an insight of what goes in these civil lawsuits involving accidentcases, and medical malpractice cases and even wrongful death cases here in new york. youknow i recognize and i acknowledge you're
watching this video because you likely havequestions or concerns about your own particular matter. well, if your matter did happen herein new york and you're thinking about bringing a lawsuit, but you have questions that needanswers first. what i invite you to do is pick up the phone and call me. i can answeryour legal questions. you know this is something i do every single day and i'd love to talkto you. you can reach me at 516-487-8207 or by email at gerry@oginski-law.com. that'sit for today's video. i'm gerry oginski. have a wonderful day.
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