Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

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Unformatted text preview: int on appeal unless the proponent expressly offers the evidences for its limited, admissible purpose or limits its offer to the party against who it is admissible. Sometimes the court will give this instruction sua sponte, but otherwise the party has to request the limiting instruction. If evidence is admissible only for a limited purpose and an appropriate limiting instruction is requested, it is error to refuse it! If opponent fails to request the limiting instruction, he may not complain on appeal if the evidence is admitted without limitation, absent a determination of "plain error." Time of limiting instruction. Not specified by Rule 105 Normally given at the time the evidence is admitted but timing is a matter of the trial court's discretion, and may be deferred until giving the general charge to the jury. o TEXAS DIFFERS HERE: Instruction must be given when the evidence is admitted! Stupid to let the judge wait to give the instruction..b/c if it is an important matter there is automatic harm. NOTE: While the judge may postpone a limiting instruction, counsel who delays requestin...
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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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