Evidence-Wellborn SU2006 Outline

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Unformatted text preview: g an instruction at the time the evidence is brought into play risks a finding of waiver. Exclusion under 403: In some circumstances a limiting instruction may be insufficient to protect a party from unfair prejudice. If the danger of unfair prejudice substantially outweighs the probative value of the evidence for its admissible purpose, taking into consideration the probable effectiveness of a limiting instruction, the evidence should be excluded under Rule 403. Remainder of Writings or Related Writings or Recorded Statements- FRE 106 FRE 106: Remainder of or Related Writings or Recorded Statements. When a writing or record statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it. Texas differences: Depositions are covered Permits introduction of the other material by the adverse party (not just the proponent) Actual practice in federal courts is consistent with the Texas rules 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 at Austin.

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