Evidence-Wellborn SU2006 Outline

Substance of the evidence was not apparent from the

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Unformatted text preview: fer of proof is unnecessary where "the substance of the evidence was apparent from the context within which questions were asked." frequently applies during cross-examination....we realize the evidence that is going to be elicited based on the conversation!! Offer of proof Motion in limine If a motion in limine to exclude the evidence is granted, the party against whom the exclusion operates must make an offer of proof in order to preserve error. Offer of proof Form Federal Rule 103(b) accords the trial judge discretion as to the form of an offer of proof. (Texas makes Q&A form MANDATORY if requested by either party) Avowal by counsel may be sufficient if it includes with particularity the substance of the excluded evidence. A formal offer, in Q&A form, is a more reliable method. often eliminates doubt as to the harm caused by the exclusion, and may encourage the trial judge to reconsider the ruling. An opponent may request that the court direct the Q&A form in order to "call the bluff" of a proponent whose avowal may be optimistic. If all 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.

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