7.9Objections

A party may only claim error in a ruling to admit or exclude evidence if it affects a substantial right of the party. MRE 103(a). To preserve a claim of error regarding the trial court’s ruling on the admission of evidence, the party opposing admission of the evidence must timely object or move to strike on the record. MRE 103(a)(1)(A). The objecting party must also state the specific ground for the objection unless it was apparent from the context. MRE 103(a)(1)(B). “Evidentiary objections that go beyond recitation of the pertinent rule of evidence being invoked risk prejudice.” Zaremba Equip, Inc v Harco Nat’l Ins Co, 302 Mich App 7, 22 (2013). To preserve a claim of error regarding the trial court’s exclusion of evidence, a party must inform “the court of its substance by an offer of proof, unless the substance of the evidence was apparent from the context.” MRE 103(a)(2). Once the court rules definitively on the record (either before or at trial) a party need not renew an objection or offer of proof to preserve a claim of error for appeal. MRE 103(b).

“The court may make any statement about the character or form of the evidence, the objection made, and the ruling,” and “may direct that an offer of proof be made in question-and-answer form.” MRE 103(c).“To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.” MRE 103(d). “A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.” MRE 103(e).