Evidence-Wellborn SU2006 Outline

When williams was asked how old is tasha immediately

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: ted by the ruling. If you look at 103(a) and (b) these are rules for admissibility at trial, but the words actually apply to appeals. Motion to strike overlaps with objection. (Even though it occurs after the statement has been admitted) o Another thing that will often accompany a motion to strike is a motion for mistrial subject to a timeliness requirement as well, but for good reason. o Suppose something comes in, and it is prejudicial and you move to strike it is rejected. Then at the end, you may move for mistrial because it is too poisoned. However, if you don't move to strike the poisoned evidence once it has been admitted, you are not able to move for a mistrial. 103(a)(1) Objection: In case the ruling is one admitting evidence, a TIMELY objection or motion to strike appears of record, stating the SPECIFIC ground of objection, if the specific ground was not apparent from the context. Objections and Motions to Strike Timeliness Requirement To be timely, an objection or motion to strike must be made as soon as the ground of it is known, or reasonably should be known, to the objector. In the case of an offer of real or documentary evidence, the prop...
View Full Document

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.

Ask a homework question - tutors are online