Evidence-Wellborn SU2006 Outline

O heres the key quote if an objectionable leading

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: d but unnamed ground existed for exclusion of the evidence! KEY! Similarly, if an objection naming an untenable ground is sustained, the ruling will not be upheld on appeal on the basis of an unnamed valid ground if the valid ground might have been obviated by the proponent had it been raised at the trial. Parts o If part of an offer is admissible and part inadmissible, an objection to the whole, even if it names a valid specific ground, may be properly overruled, and the entire offer admitted, if the objector fails to specify properly which part or parts of the offer are inadmissible. MUST SPECIFY THE PARTS THAT ARE INADMISSIBLE OR THE WHOLE THING MAY BE LET IN!!! But, if the court decides to exclude the entire offer, the party who offered the overbroad evidence, cannot complain that the admissible part was excluded. Should have properly portioned out your evidence! o Parties Purposes MCEWEN v. TEXAS & PACIFIC RAILWAY CO. [Objections and Motions to Strike Specificity Requirement: FRE 103(a)] Facts/Procedural Posture:...
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 at Austin.

Ask a homework question - tutors are online