General Provisions

Question 1

When do FRE not apply?

Answer 1

Preliminary determinations of fact by judge, grand jury proceedings, probation and sentencing hearings, obtaining a warrant, bail proceedings, other proceedings exempted by Congress

Question 2

When can an evidentiary ruling be reversed for error?

Answer 2

Prejudicial error (substantial right violated) exists and a proper objection or offer of proof was made

Question 3

When Should Objections be Made?

Answer 3

As soon as valid grounds for objection exists. If late, it will be a motion to strike. If judge reserves ruling, then objection must be raised against later or is waived

Question 4

What are the 3 Rules of Objections?

Answer 4

Offers of proof not required where substance of evidence is apparent from context; if evidence is excluded, reversal can occur only where no valid grounds existed, resulting in prejudicial error, and an offer of proof was made to establish relevancy; objection proceedings will be heard outside the jury

Question 5

Who has burden regarding evidence admission?

Answer 5

The party seeking admission of the evidence

Question 6

Does a defendant waive 5th Amendment right by testifying in a preliminary proceeding?

Answer 6

No

Question 7

Limited Admissibility

Answer 7

If evidence is admitted as to one party or purpose and is inadmissible for another party or purpose, the court will on request limit it to its property scope and instruct the jury

Question 8

Rule of Completeness

Answer 8

If one party introduces a writing or recorded statement, or part thereof, the adverse party may require the introduction of any other part or any other recorded statement that in fairness ought to be considered at the same time