Rule 407 STATEMENTS BY AN UNAVAILABLE DECLARANT In a civil case a statement

Rule 407 statements by an unavailable declarant in a

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Rule 407: STATEMENTS BY AN UNAVAILABLE DECLARANT. In a civil case, a statement made by a declarant unavailable to give testimony at trial is admissible if a reasonable person in the declarant’s position would have made the statement only if the declarant believed it to be true because, when the statement was made, it was so contrary to the declarant’s proprietary or pecuniary interest or had so great a tendency to expose the declarant to civil or criminal liability.
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2018-2019 Mock Trial Case (Final Version Nov 5 2018) Includes all corrections made as of FEB 7, 2019 41 Example: Mr. X, now deceased, previously gave a statement in which he said he ran a red light at an intersection, and thereby caused an accident that injured plaintiff P. Offered by defendant D to prove that D should not be held liable for the accident, the statement would be admissible as an exception to the exclusion of hearsay. 6. OPINION AND EXPERT TESTIMONY Rule 501: OPINION TESTIMONY BY NON-EXPERTS . Witnesses who are not testifying as experts may give opinions which are based on what they saw or heard and are helpful in explaining their story. A witness may not testify to any matter of which the witness has no personal knowledge, nor may a witness give an opinion about how the case should be decided. In addition, a non-expert witness may not offer opinions as to any matters that would require specialized knowledge, training, or qualifications. Example: (General Opinion) The attorney asks the non-expert witness, “Why is there so much conflict in the Middle East?” This question asks the witness to give his general opinion on the Middle East conflict. Note: This question is objectionable because the witness lacks personal perceptions as to the conflict in the Middle East and any conclusions regarding this issue would require specialized knowledge. Objection: “Objection. Counsel is asking the witness to give an opinion.” Example: (Lack of Personal Knowledge) The attorney asks the witness, “Why do you think Abe skipped class?” This question requires the witness to speculate about Abe’s reasons for skipping class. Objection: Objection. The witness has no personal knowledge that would enable him/her to answer this question.”
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2018-2019 Mock Trial Case (Final Version Nov 5 2018) Includes all corrections made as of FEB 7, 2019 42 Example: (Opinion on Outcome of Case) The attorney asks the witness, “Do you think the defendant intended to commit the crime?” This question requires the witness to provide a conclusion that is directly at issue and relates to the outcome of the case. Objection: “Objection. The question asks the witness to give a conclusion that goes to the finding of the Court.” Rule 502: OPINION TESTIMONY BY EXPERTS . Only persons qualified as experts may give opinions on questions that require special knowledge or qualifications. An expert may be called as a witness to render an opinion based on professional experience. The attorney for the party for whom the expert is testifying must qualify the witness as an expert. This means that before the
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