Evidence-Wellborn SU2008 Federal Texas Comparison

Evidence-Wellborn SU2008 Federal Texas Comparison - Federal...

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Federal Texas FRE 103–not in rule TRE 103(a)(1) Rulings on Evidence. Objection Silent. When the court hears objections to offered evidence out of the presence of the jury and rules that such evidence be admitted, such objections shall be deemed to apply to such evidence when it is admitted before the jury without the necessity of repeating those objections. FRE 103(a)(1) TRE 103(a)(1) Motions in limine If the court rules on an evidence objection in a motion in limine then you don’t have to renew the objection at trial You have to renew the objection in trial to preserve a claim of error for appeal. FRE 103(b) TRE 103(b) Record of Offer & Ruling The method offer of proof is at the judge’s discretion. It TX it’s pretty much the same, but a party can request that you do a Q&A style and the judge has to oblige them. FRE 103(d) TRE 103(d) Rulings on Evidence. Plain Error A judge, if he sees a plain error in what’s being offered in as evidence that affects the substantial rights – he can say something. It has to be a criminal case and it has to be a fundamental error for the judge to say something himself. Otherwise, he has to just let the case go along. Very restrictive. FRE 106 TRE 106 Remainder of or Related Writings or Recorded Statements/107 Rule of Option Completeness If you want to admit the rest of the document that your opposing counsel is putting forth, then you have to ask the opposing counsel to please include the rest of the document. If you want to admit the rest of the document, you just do it yourself. Also, Texas has another sentence to make sure that depositions are covered under this rule. FRE 404(a)(1) TRE 404(a)(1) Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes In a criminal case, an accused may offer evidence of good character which can be rebutted by the prosecution. Texas allows a defendant (in either a criminal or civil case—in cases involving moral turpitude—basically civil version of a criminal proceeding) to offer evidence of good character. FRE 404(a)(2) TRE 404(a)(2) Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes If the accused offers evidence of a character trait of the victim, the prosecution may offer evidence of the same trait of the accused, as well as evidence about the good character of the victim. If the accused offers evidence of a character trait of the victim, the prosecution may rebut that character evidence. The prosecution cannot attack the accused. FRE 404(a)(2) TRE 404(a)(2) Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes In a civil case for assaultive behavior, a defendant may not offer evidence to the victim’s violent character. That can only be done in criminal trials. Following with the above statement, Texas allows a
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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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Evidence-Wellborn SU2008 Federal Texas Comparison - Federal...

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