Evidence - Wesson - Fall 2005 - Outline

Evidence - Wesson - Fall 2005 - Outline - RELEVANCE...

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RELEVANCE? PREJUDICE? CRAWFORD? _________________________________________________________________________________ If one rule prohibits admission and one rule allows it, then it’s allowed Exception: public records are NOT allowed to be admitted under business rule exception ( Oats- ct of app, leading case on rule and exception) Rule 1101: Rules of Evidence don’t apply in prelim examinations or grand jury proceeding s Control by the Court Rule 403 . Can Exclude relevant evidence for prejudice, confusion, or waste of time Rule 611(a). Allows ct to control mode and order of interrogation and presentation to (1) make the interrogation and presentation effective for ascertaining truth and (2) avoid waste of time (3) protect witnesses from harassment or undue embarrassment o emphasis is on discretion of the judge – o US v. Reaves HOLDS – the ct has pwr to impose reasonable time limits on both civ and crim trs in exercise of its reasonable discretion (but this cannot be an arbitrary time limit) Making Objections Objection to make to opponents questions or witnesses’ responses: - Q calls for narrative response , too general, indefinite, lacks specificity (indefinite in scope makes it difficult for opposing counsel to anticipate whether the witness will answer with inadmissible evidence) –to prevent the witness from giving info in an inefficient order or in a way that might be confusing for jury and so opposing counsel can guess what answers will be given Qs to use that will fit btwn the leading Q and calls for narrative resp. objections Did something unusual occur? Did you get to __(work) ____ on time that morning? Why / why not? Do you have a particularly vivid memory of that morning? - Non-responsive , narrative, volunteered (witness answer extends beyond specific info requested by Q) – can use with move to strike - Assumes facts not in evidence (Q that states facts that no one has yet testified to) - Compound Q (2-part Q) - Ambiguous , vague, misleading, confusing, unintelligible (only use this objection if it will hurt your client, don’t use if it will only hurt opposing counsel’s client) - Asked and answered (Rule 403 allows judge to exclude evid that is waste of time, repetitive) - Cumulative (calling several witnesses to testify on same issue or introducing numerous similar exhibits or when the answer has already been provided by other witnesses or other evidence) - Misstatement of the evidence (used when other attorney is cross-examining – when questioner inaccurately describes evidence or draws inferences that are for jury to draw) - Argumentative (in response to a rhetorical Q) - Badgering the witness (when questioner is trying to intimidate the witness) 1
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LEADING QUESTIONS – one that clearly suggests a desired response / seeks to suggest that the examiner knows the answer (“Isn’t it true…?” / “….didn’t you/isn’t it?”) When to use leading Qs: o To develop a witness’ testimony – expedites testimony when material is preliminary or collateral to a disputed issue / used with child witnesses or adults with communication problems / used to refresh recollection of witness o
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