Rule 3.1352.Objections to evidence

Summary judgment papers often include declarations, deposition excerpts, and documents that one side thinks should never reach the judge’s desk — hearsay, speculation, or unauthenticated exhibits. Rule 3.1352 tells a party how to put those objections on the record. There are exactly two routes.

The first is to submit written objections that follow the detailed format Rule 3.1354 sets out. The second is to skip the paperwork and instead arrange for a court reporter to attend the hearing, so objections can be raised orally and preserved in the reporter’s transcript. Rule 3.1352 does not require both; a party picks one method for putting evidentiary objections on the record.

The choice matters because an unrecorded oral objection, made at a hearing with no reporter present, risks disappearing from the record entirely — leaving nothing for a reviewing court to examine later if the objection becomes relevant on appeal.