The objecting party must state the grounds for the objection.14 A general objection is not sufficient to establish error if the evidence is received. All grounds for the objection must be stated at the time of the objection. Any grounds not raised will be deemed a waiver. Merely stating that the evidence is “incompetent,” “irrelevant” or “immaterial” is not sufficient.15
14. Ch. Ct. R. 51; Super. Ct. Civ. R. 46; Super. Ct. Cr. R. 51; Comm. Pls. Ct. Civ. R. 46; Comm. Pls. Ct. Cr. R. 51. See also Super. Ct. Civ. R. 51 (“[n]o party may assign as error the giving or the failure to give an instruction unless the party objects thereto…stating distinctly the matter to which the party objects and the grounds of the party’s objection”).
15. Remington Mach. Co. v. Wilmington Candy Co., 66 A. 465, 471 (Del. 1907).
© 2010 David L. Finger