Evidence-Wellborn SU2006 Outline

An opponent may request that the court direct the qa

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Unformatted text preview: court will affirm "You brought in overly broad evidence. You should have sliced it up." If you ask: Whose job is it to slice evidence? Both. Both the proponent and the person against the evidence, you have to do everything timely to help the judge not fall into the error, and if you don't, you are partly blamed for the judge's error. Appeals courts love to say: You didn't preserve it. Rule 803 used over and over again. "Running objection" Fine, as long as everyone understands what it covers...I want a "running objection" to this...generally viewed as not continuing to the next witness. Have to renew the objection at least once as new witnesses go into this stuff. Objections and Motions to Strike Offers of Proof [FRE 103(a)(2), (b)] FRE 103(a)(1): Rulings on Evidence. Effect of Erroneous Ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and Offer of proof. In case the ruling is one excluding evidence, the substance of t...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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