Evidence- Wesson- Steven - EVIDENCE OUTLINE America's...

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EVIDENCE OUTLINE America’s Amateur Juries: don’t trust jurors to value correctly the ev o Worried about bias and prejudice o Almost all FREs are rules of Exclusion (to not persuade jury too much). Proponent = party that seeks to admit evidence Opponent = party that object to the admittance of that evidence In Camera = “in chambers” – proceedings held in judge’s chambers or where public is not present Confidential or otherwise sensitive docs are often examined “in camera” to determine whether the info should be revealed to jury and made matter of public record. In Limine = Motion in limine used to exclude reference to anticipated ev claimed to be objectionable until the admissibility of that ev can be determined either before or during trial by presenting to the ct, out of presence of jury, offers and objections to it. FRE 1101: Rules don’t apply in Pre-trial hearings! o In Bench Trial – nothing in 1101 that says you cannot object, BUT no jury, so judge will hear everything and then decide what’s admissible. FRE 102: Purpose & Construction. o Rules are to secure fairness in administration. FRE 403: Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Waste of Time. o Although relevant, ev may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury, or by CNSs of undue delay, waste of time, or needless presentation of cumulative ev . FRE 611: Mode and Order of Interrogation & Presentation. o (a) Control by Court . The ct shall exercise reasonable control over the mode and order of interrogating witnesses and presenting ev so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. o (b) Scope of Cross. Cross-exam should be limited to the subject matter of direct exam & matters affecting the credibility of the witness. The ct may, in the exercise of discretion, permit inquiry into additional matters as if on direct. o (c) Leading Questions. Leading Qs should not be used on the direct examination of a witness except as may be necessary to develop the witness’ testimony. Ordinarily leading Qs should be permitted on cross. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by LQs. Or to refresh a witness’s memory : “Isn’t it true that”, “doesn’t it”, etc. On Cross, ask leading question that require one word answers b/c you don’t want the jury to hear the story all over again. Leading Q = one which clearly suggests the desired response FORM OF Q’S TO WITNESSES DIRECT EXAMINATION Straub v. Reading Co.
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