During the trial of a personal injury case, the judge provides an instruction to the jury regarding the standard of care required for a defendant in a negligence claim. The instruction improperly states the standard. What must the attorney for the plaintiff do to preserve the issue for appeal?
Submit a general objection without providing a reason to avoid waiving the issue during trial.
Object to the instruction on the record and state the specific grounds for objection.
Request a copy of the jury instructions after the verdict is announced.
Wait to object and raise the issue for the first time in a post-trial motion.
To preserve an issue for appeal related to improper jury instructions, the attorney must timely object to the instruction on the record and specify the grounds for their objection before the jury retires to deliberate. If no objection is made, the issue is typically deemed waived unless it constitutes plain error. Merely disagreeing silently or failing to specify the reasons for the objection is insufficient to preserve the issue.
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Multistate Bar Examination
Civil Procedure
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