Introduction

Question 1

When does the FRE apply and not apply?

Answer 1

Federal courts (but not SCOTUS or admin agencies), civil and criminal proceedings (except where the court may act summarily)

Does NOT apply to grand jury, preliminary fact questions under FRE 104(a), and miscellaneous proceedings (sentencing, bail, prelims, warrants, bail)

Also does not supersede the rules of privilege!

NOTE: CEC rules apply during prelims!!

Question 2

What is evidence?

Answer 2

CEC 140 — Information given to the fact finder, except for questions or statements by judges and attorneys

Question 3

Difference between real and demonstrative evidence

Answer 3

Real = any physical evidence that a party claims played a direct role in the controversy (must be authenticated)

Demonstrative = any evidence that did not play a direct role in the disputed events

Question 4

What does a judge have to do when evidence is fully inadmisible?

Answer 4

The judge MUST give a curative instruction if asked by an attorney

Question 5

What does a judge do when evidence is partially inadmissible?

Answer 5

The judge MAY give a limiting instruction under FRE 105 if asked by an attorney