Trial Practice Note: Cite it or Waive It.

United States v. Stellon, __ M.J. ___, No. 1264 (C.G. Ct. Crim. App. Oct. 25, 2007).

Cite the number as well as a the name of the rule of evidence you are using to object to evidence, or that you are using to get the evidence admitted.

Stellon is a reminder:

We agree that M.R.E. 608(c) could provide a basis for admission of evidence that AD had been advised that she could be charged with filing a false statement.

So far so good.

However, counsel did not cite or implicate M.R.E. 608(c), or any other basis for admission of the evidence . . .

Failure to cite the specific rule of evidence supporting admission or an objection is increasingly being used by appellate courts as a "waiver" of the issue. The appellate court in Stellon did not discuss "plain error" as a way to preserve the issue. But it's not clear they have to, and even if they did it's apparent from the court's reasoning that they wouldn't have found error.