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Unformatted text preview: Evidence I. Notes August 16, 2006 • 352 is the counter rule of 403 in the California rules of evidence • Know the operative terms of the rules of evidence • There is not a wasted word in any of these rules • The word for the course is “Purpose” for what purpose is this evidence being introduced • In contracts the word for the class is intent in evidence it is purpose Your objection has to be timely and has to have reasonable specificity Chapter 1. Mode and Order of Presentation of Evidence- There is a sequence to the presentation of evidence- It depends on what part of trial you are in o Trial o Preliminary Hearing o Evidentiary Motions prior to the trial starting o Pre-Trial Conference where a witness list, and a exhibit list are expected o There may be some loose ends to tie up in motions in limine meaning on the eve of - Usually a motion to exclude evidence is a motion in limine (In a criminal case I don’t want to put my client on the stand so you do a motion in limine) – you need to know what evidence will be let in, in a trial so you know what direction to go in o A sequester of witnesses o After preliminary matters we have – “voir dire” – jury selection - 12 jurors is in the state courts some alternates o Then we have the trial o The plaintiff goes first because they have the burden of proof – they give their opening statements – objections are frowned upon in opening statements - Don’t promise what you can’t deliver o The defendant may give his opening statement or he may waive it or he may ask the court to give his opening state until he begins to present his evidence once the plaintiff has rested – to tell the jury that there is another side of the story o After opening statements the plaintiff starts they are up to the plate the plaintiff calls the witnesses and the defendant cross examines the witnesses and then the plaintiff can redirect questions – plaintiff then rests its case o The defendant can file a motion for a nonsuit – meaning the plainitiff hasn’t proofed his prima facia case – if motion isn’t found – defense brings witnesses then rests 1 o then the plaintiff can bring a rebuttal case o then the defense can present their rebuttal case usually limited to the plaintiff’s rebuttal case more motions after the defense has finished its rebuttal case – o then there are closing arguments- plaintiff gets two closing arguments Control by the Court Federal Rule of Evidence 102 – Purpose and Construction These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined....
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- Fall '09
- The Land, Evidence law, witness