Evidence-Wellborn SU2006 Outline

O important know this since an objection only

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Unformatted text preview: in the admission of evidence without an objection at trial? Traditional rule: overruled motion in limine does not preserve error, a trial objection is required. A trial judge's grant or denial of a motion in limine is a preliminary ruling only and normally preserves nothing for appellate review. Most circuits have moved away from the traditional rule to a more flexible approach: Motion in limine suffices if the issue was fully presented on the motion, the issue was of a nature that could be finally determined in advance, and the court ruled without equivocation. o But note: A trial offer of evidence that is broader or otherwise raises different issues- requires a new, specific objection to preserve any error. Flexible approach now codified in this sentence (added in 2000): Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal. KEY! o But note Luce: D could not appea...
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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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