Also known as:oppositions · objection · notice of opposition
Written by attorneys · grounded in primary & secondary sources — see below
A formal challenge or objection raised against a proposed legal action, claim, or application in a proceeding.
Sources & Authorities
How it applies
Common Examples
6
Vague Interrogatory Objection
Oakley Osei served interrogatories on Odyssey Logistics seeking details about shipment delays. Odyssey responded with a blanket objection that the requests were overly broad but provided no further explanation. Because the objection lacked the required specificity, the court treated it as waived and ordered Odyssey to answer the interrogatories in full.
Emergency Entry Despite Protest
Olive Okafor called police after hearing screams from her neighbor's apartment. Officers arrived, saw blood on the door and heard continued cries inside, and announced they were entering. The occupant shouted an objection and tried to bar the door, but the officers proceeded anyway under the emergency aid doctrine.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Late Objection to Confirmation
Outback Mining sent a signed confirmation of a steel sale to Olympia Steel within a week of their oral agreement. Olympia received the document, knew its contents, and remained silent for ten days before claiming no contract existed. The confirmation therefore satisfied the statute of frauds against Olympia.
Grand Jury Qualification Challenge
Oriana Oberman moved to dismiss an indictment after learning one grand juror had been convicted of a felony and was therefore unqualified. The motion came after the indictment was returned and the court had not previously ruled on the same objection, so the court denied dismissal because twelve qualified jurors still concurred.
Preserved Evidence Objection
Omar Olson moved in limine to exclude a witness's prior statement as hearsay. The court denied the motion in a written order before trial. At trial Olson did not repeat the objection when the statement was offered, yet the ruling remained reviewable on appeal because the court had already decided the issue definitively.
Accepted Course of Performance
Odilia Okamura contracted with Oasis Resorts to supply linens weekly. For six months Oasis accepted deliveries that were two days late without complaint. When Oasis later tried to treat the same delay as a breach, the prior course of performance without objection weighed heavily against its position.
Common questions
Frequently Asked
5
When is an objection to an interrogatory waived?+
An objection is waived if it is not stated with specificity in a timely response. The responding party must serve answers and objections within thirty days, and any ground not raised is lost unless the court finds good cause to excuse the omission.
Does an occupant’s objection always prevent police entry?+
No. When objective circumstances such as visible injury or disorder would lead a reasonable officer to believe someone inside needs immediate aid, officers may enter notwithstanding the occupant’s objection under the emergency aid exception.
How does a merchant prevent a confirmation from satisfying the statute of frauds?+
A merchant who receives a written confirmation of an oral contract must send written notice of objection within ten days after receipt. Silence allows the confirmation to satisfy the writing requirement against the recipient.
When must a party renew an objection to preserve error for appeal?+
Once the court rules definitively on the record before or at trial, the party need not renew the objection or offer of proof to preserve the claim of error.
What weight is given to a course of performance accepted without objection?+
When an agreement involves repeated occasions for performance and the other party has knowledge and opportunity to object, any course of performance accepted without objection receives great weight in interpreting the contract.
5 U.S. (1 Cranch) 137 (1803)Property
…in particular cases must expound and interpret them. If two laws conflict the courts must decide which governs. If a law is in opposition to the Constitution, and both apply to a case, the court must decide which of the conflicting rules governs the case. If the courts are to regard the Constitution and it is superior to any…