Narrative Opinion Summary
In a personal injury lawsuit, the plaintiff appealed a verdict favoring the defendants, challenging the trial court's handling of exhibits during jury deliberation. The trial judge instructed the jury that they could request any exhibits from the bailiff, a procedure agreed upon by both parties without objections. The jury did not request any exhibits, and none were brought into the jury room. The appellate court noted the absence of any Arizona statute or procedural rule governing the handling of exhibits, affirming the trial court's discretion in the matter. The court further concluded that the plaintiff waived the right to claim error by failing to object to the jury instructions before deliberation. Additionally, the plaintiff's belated argument that the judge's instructions amounted to a comment on the evidence was found untimely and without merit. Consequently, the judgment was affirmed, with Judges Eubank and Jacobson concurring.
Legal Issues Addressed
Timeliness of Objectionssubscribe to see similar legal issues
Application: Objections to judicial comments must be timely to be considered on appeal; late contentions are generally deemed without merit.
Reasoning: Additionally, the plaintiff's late contention that the judge’s comments constituted a comment on the evidence was deemed untimely and without merit.
Trial Court Discretion Regarding Exhibitssubscribe to see similar legal issues
Application: The trial court has discretion in the handling of exhibits during jury deliberation in the absence of specific statute or procedural rule.
Reasoning: The court noted that there is no Arizona statute or procedural rule addressing this issue, granting the trial court discretion regarding the handling of exhibits.
Waiver of Right to Claim Errorsubscribe to see similar legal issues
Application: Failure to object to jury instructions or procedures before the jury retires constitutes a waiver of the right to claim error on such grounds.
Reasoning: Since the trial judge did not restrict exhibit access, and the plaintiff's counsel failed to object before the jury retired, this constituted a waiver of the right to claim error.