INTRODUCTION TO THE FEDERAL RULES OF EVIDENCE /MODE AND ORDER OF PRESENTATION OF EVIDENCE Flashcards
why do we need to win your evidence battles at the trial level
because the rulings on evience are rarely reversible unless there is an abuse of discretion
what are the 7 themes of evience
1.We don’t always want the whole truth
2.We judge the acts, not the person
3.We don’t want a three ring circus
4.You snooze, you loose
5.doors can be opened
6. almost every rule has an exception
7. every word of every rule is there for a reason
what are the four categories of evidence
- real evidence – The real thing, ie the knife at the murder
- demonstrative – Computer animation of what happened
- documentary evidence – (e.g., contracts, wills, paper evidence
- testimonial evidence
102, 403 and 611 have a common theme - what is it
control by the court! they need to control the court because it cuts down on time
what does reeves tell us
Judge has the power to put time restraint on lawyers in keeping the the three rule’s goals
what is the rule on leading questions (telegraphing to the witness what they want the witness to say)
Can’t do leading questions on direct on your own witness
whats the exception to the rule on no leading questions on direct to your own witness
o Develop a witness’s testimony
o Hostile or adverse party, or identified with adverse party
what makes a witness hostile? what do you need to do in order to ask a hostile witness leading question on direct
Hostile: contemptuous or surly conduct, refusing to answer questions, consistent hedging on answers
Must ask permission to treat a witness as hostile
leading questions are usually never allowed on direct – are they ever allowed on cross?
- Leading on cross is generally allowed, but disfavored when cross examining a friendly witness
what is the american rule
The scope of matters is limited to what is testified upon direct
Cant bring out new matters on a cross
is their an exception to the american rule? (ie cant bring out new matters on cross)
Judge does have some discretion to relax the normal rule
what is the english rule
wide open cross – anything related to the case
When may leading questions be necessary to develop a witness’s testimony
Preliminary matters (ie biographical info)
When the witness is having difficulty in communicating
what is 102
rules administered to prevent undue expense or delay
