Evidence-Wellborn SU2006 Outline

The authentication of a document or an item of real

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Unformatted text preview: excluded this if there was no offer of proof? What does it look like when you are offering proof question and answer wise? Defense counsel = I would like to make an offer of proof o Asks the witness did you say that you knew Mike? Witness says no, defense counsel says but this tape shows that you said you knew Mike blah blah blah... That's an offer of proof. Preliminary Questions FRE 104 FRE 104: Preliminary Questions Questions of Admissibility Generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of (b). In making its determination the court is NOT bound by the rules of evidence except those with respect to privileges. KEY! Relevancy Condition on Fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of a condition...
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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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