Trial lawyers know that they risk waiver if they do not object every time a particular piece of evidence is offered at trial. The Texas Supreme Court recently clarified that this rule does not apply to arguments of counsel. In Service Corporation International v. Guerra, 348 S.W.3d 221 (Tex. 2011), the defendant objected to the admission of evidence of other suits. The defendant made a motion in limine and objected when the evidence was offered. But the plaintiff argued that the objection was waived because defendant's counsel did not object when plaintiff's counsel mentioned the other suits during voir dire and during his opening statement. The Supreme Court noted that statements of counsel are not evidence and held that no objection was required during voir dire or opening statement to preserve error.
-- Rich Phillips, Thompson & Knight
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