Procedure

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  1. Objecting & Striking

    Requirement (sustained/overruled) 

    Exception
    Requirements: need only state once

    Sustained: opposing party timely moves, and state ground unless apparent (ok if grounds wrong & jury doesn’t hear)

    Overruled: opposing party offer of proof unless apparent

    Exception: court notice of plain error affecting substantial right despite no objection
  2. Preliminary Questions

    categories 

    Applicable rules 

    Juries? 

    Motion in limine 

    Bite bullet the bullet 

    Appealing? 

    Conditional relevance
    Categories: W qualified, privilege exists, evidence admissibility

    Hearings: only privilege rules applicable

    No jury: confessions, D in criminal case is a W and request, justice so requires

    Motions in limine: determines admissibility outside jury

    Bite the bullet: waiver when party gets adverse ruling on exclusion

    Prior conviction impeachment: admission not reviewable on appeal unless D testifies

    Relevance depends on fact: court can admit evidence on condition existence of fact introduced later
  3. Limiting evidence 

    Rule 

    Criminal Joint trial 

    Solution
    Rule: admission of evidence against D1 and not against D2 must be restricted to its scope and jury instructed

    Criminal joint trial: DA offers D1 statement that incriminates non-testifying D2 is inadmissible even if limiting instruction

    Solution: separate trials, DA doesn’t use in case-in-chief (admissible for impeachment of testifying D1), dual juries, redacted statement (issue of jury inference & rule of completeness)
  4. Rule of Completeness
    Rule: admitted evidence requires admission of any other evidence that in fairness should be considered at the same time (includes inadmissible hearsay)
  5. Judicial Notice
    Conclusively proves a fact not in reasonable dispute
  6. Burdens and Presumptions (civil cases/state law)
    Civil case: party must rebut an adverse presumption, but does not shift burden of persuasion (still party with beneficial presumption)

    State law: governs effect of presumption over a claim or defense in state law
  7. Examination of Witness 

    Cross scope 

    Leading Questions
    Cross examination scope: direct examination subject matter and matters of W credibility (inquiry into additional matters as if on direct)

    Leading questions: not in direct examination except to develop W testimony

    Allowed: cross and hostile witness
  8. Authentication 

    Other evidence (4) 

    Self-authenticating (1)
    Proven with other evidence

    Testimony of W with knowledge: item is what it is claimed to be

    Non-expert opinion about handwriting: must have prior familiarity

    Distinctive characteristics: characteristics of item taken together prove

    Opinion about voice: hearing voice of speaker in any form

    Self-authenticating

    Certified copies of public records

Card Set Information

Author:
luis11lb
ID:
326913
Filename:
Procedure
Updated:
2016-12-15 18:25:07
Tags:
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