Trial Notebook : Appeals – Objection to Evidence

The Court of Appeals has held very often that "no matter how erroneous the ruling might have been, a litigant cannot submit to a ruling, acquiesce in the ruling, and still complain of same." He is required to stand his ground and fight in order to successfully enumerate this error and an erroneous ruling by the trial judge. Acquiescence completely deprives him of the right to complain further. He has agreed that the trial court's ruling was correct by submitting to it. Failure to object to the procedure amounts to waiver. Further, it is well settled that in order to preserve a ground of objection relating to the exclusion of oral testimony, it is necessary that the complaining party show what he expects to prove and that the evidence is material, relevant, and beneficial. See Maddox v. Elbert County Chamber of Commerce, Inc., 191 Ga. App. 478, 382 S.E.2d 150 (1989).

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