Admissibility Flashcards
When do FRE apply?
All civil and criminal proceedings
When do FRE not apply?
FRE 1101(c-d) Determining questions of fact regarding admissibility of evidence; (2) grand jury proceedings; (3) preliminary examinations in a criminal case; (4) sentencing, probation, and bail hearings; (5) summary contempt proceedings; (6) for issuance of warrants and criminal summons; and (7) extradition or rendition proceedings
What can the judge decide in regards to evidence?
[FRE 104(a)] Preliminary questions about the competency of the evidence:
- Evidence is admissible
- Witnesses are qualified
- Privilege exists
Judge is NOT bound by FRE in deciding preliminary questions (except for whether privilege exists)
When does a preliminary hearing on the evidence need to occur outside the presence of the jury?
[FRE 104(c)] If (1) hearing involves the admissibility of a confession; (2) D in a criminal case is a witness and so requests; (3) justice so requires
What does the jury decide in regards to evidence?
[FRE 104(e)] Weight and credibility of the evidence
Under what circumstances can an evidentiary ruling be challenged?
If the ruling effects a substantial right of the party
If a party believes the evidence was erroneously admitted, how can the issue be preserved for appeal?
[FRE 103(a)(1)] Party must, on the record: (1) timely object or move to strike; and (2) state the specific ground, unless it was apparent from context
If a party believes evidence was erroneously excluded, how can the issue be preserved for appeal?
[FRE 103(a)(2)] The party must make an offer of proof (explanation on the record as to why the evidence is relevant and should be admitted), unless the substance was apparent from the context
What is plain error?
4-prong test: (1) Deviates from a legal rule that has not been affirmatively waived by the appellant; (2) is plain, clear, or obvious, such that it cannot be reasonably contested; (3) was prejudicial or affected the outcome of the lower court; (4) if (1)-(3) are satisfied, the court has the discretion to correct the error only if the error seriously affects the fairness, integrity, or public reputation of judicial proceedings
Can the court take notice of the error if the party fails to preserve an appeal for plain error?
[FRE 103(e)] Yes
Limiting Instruction
[FRE 105] If evidence is admissible for one purpose but not for another, court may limit the scope of the evidence and instruct the jury accordingly
Rule of Completeness
If a party introduces part of a writing or recording, the adverse party may immediately or subsequently introduce any other evidence that should be considered alongside it to ensure fairness.
Judicial Notice
Used by the court to accept certain, indisputable adjudicative facts as true without formal presentation of evidence
What types of facts can be judicially noticed?
[FRE 201(b)] Adjudicative facts that are not subject to reasonable dispute because they are (1) generally known within the trial court’s territorial jurisdiction; or (2) capable of being accurately and readily determined by sources whose accuracy cannot be questioned (e.g. scientific principles)
What types of facts CANNOT be judicially noticed?
(1) Facts are only known because of the judge’s personal knowledge (and lacking any other justification for notice) and (2) legislative facts (facts that relate to legal reasoning and the lawmaking process)
