General Provisions Flashcards
When the FRE Apply
Generally, to all federal civil and criminal cases (including bankruptcy proceedings)
When the FRE do not apply
- Preliminary determinations of fact by a judge
- Grand jury proceedings
- Probation and sentencing hearings
- Obtaining a warrant
- Bail proceedings
- Other proceedings exempted by Congress
An evidentiary ruling may be reversed on appeal only if
- Prejudicial error exists (When the outcome of the trial would have been different)
- Proper objection or offer of proof is made (timely and specific)
An evidentiary ruling may not be reversed if
- There is only a harmless error.
- An offer of proof is not properly made (not timely or specific)
Harmless Error Standard
If the jury’s verdict would not have been affected by the trial court’s ruling, then only harmless error occurred.
Objections and Motions to Strike
A timely objection or motion to strike must be made stating the specific ground of the objection if not apparent from context
Timely Objections
In order for an objection or proffer to be appropriate it must be timely (as soon as opposing counsel reasonably knows that valid grounds for objection exist).
Specific Objections
When an objection states the precise legal ground for which it is based, it is sufficient to preserve an issue for appeal.
Overruling in the absence of an objection
Will be given only in extraordinary circumstances (when error is obvious & amounts to a miscarriage of justice)
Preserving an Objection for Appeal (Judicial Reservation)
If a judge reserves ruling on a specific objection to a later point in the trial, counsel must raise the objection at that later point (or it is waived).
Objecting to Jury Instructions
A party who objects to a jury instruction must do so before the challenged instruction is given to the jury.
Offer of Proof (Proffer)
- For rulings that exclude evidence, a party should submit a proffer that informs the court of the substance of the evidence, unless it is apparent from the context.
- The proffer must address relevancy and admissibility.
When a Proffer Is Not Required
When the substance of evidence is apparent from the context.
Overruling Decisions to Exclude Evidence
Are only permitted when:
- No valid grounds for objection
- Prejudicial error results
- Proffer was made to establish relevancy of excluded evidence.
Shielding the Jury
Jury trial proceedings should be conducted in any way to prevent inadmissible evidence from being suggested to jury by any means necessary (e.g. asking for a sidebar or excusing the jury)
