Making the Record; Trial Objections Flashcards
What is the purpose of Federal Rules of Evidence?
administer every proceeding fairly,
eliminate unjustifiable expense and delay, and
ascertaining the truth and securing a just determination.
Rule 102.
Does a party need to renew an objection after a ruling?
No. Once the court rules definitively on the record — either before or at trial — a party need not renew an objection or offer of proof to preserve a claim of error for appeal. Rule 103(b).
When does the court make a statement?
- character or form of the evidence,
- the objection made, and
- the ruling.
The court may direct that an offer of proof be made in question-and-answer form.
Rule 103(c).
Must a court take notice of a plain error?
A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved. Rule 103(e).
In regards to evidence, what does the judge decide?
In regards to evidence, what does the judge decide?
Preliminary questions about the competency of the evidence and whether:
- Evidence is admissible;
- Witnesses are qualified; and
- Privilege exists
In so deciding, the court is not bound by evidence rules, except those on privilege.
What happens if the relevance of evidence depends on whether a fact exists?
When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist.
The court may admit the proposed evidence on the condition that the proof be introduced later. Rule 104(b).
What are the conditions for a judge conducting a hearing on a preliminary question so jury does not hear it?
(1) the hearing involves the admissibility of a confession;
(2) a defendant in a criminal case is a witness and so requests; or
(3) justice so requires. Rule 104(c).
By testifying on a preliminary question, does a defendant in a criminal case become subject to cross-examination on other issues in the case?
No. Rule 104(e).
Define limiting instruction
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 106. Remainder of or Related Writings or Recorded Statements. What is the rule?
If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time.
Does the court have control over the mode and order of examining witnesses and presenting evidence?
Yes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
(1) make those procedures effective for determining the truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue embarrassment. Rule 611(a).
What is the scope of cross examination under Rule 611?
Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility.
The court may allow inquiry into additional matters as if on direct examination. Rule 611(b).
When are leading questions allowed on direct examination?
Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Rule 611(c).
When should the court allow leading questions?
Ordinarily, the court should allow leading questions:
(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party. Rule 611(c).
Is the court allowed to call a party at its own request?
Yes. The court may call a witness on its own or at a party’s request. Each party is entitled to cross-examine the witness. Rule 614(a).
