Raising & Resolving Evidence Objections Flashcards
FRE 103(a)(1): What process must parties use when raising objections in dispute of the admission of evidence at trial?
A party may claim error in a ruling to admit evidence only when the ruling admits evidence, a party, on the record:
(A) Timely objects or moves to strike; AND
(B) states the specific ground unless it was apparent from the context.
FRE 103(a)(2): What process must parties use when defending admission of evidence at trial?
A party may claim an error in a ruling to exclude evidence only if the ruling EXCLUDES evidence, a party informs the court of its SUBSTANCE by an OFFER OF PROOF, unless the substance was apparent from the context.
FRE 103(b): Under what circumstances is an objection issue preserved for appeal without needing to renew an objection or offer of proof?
Once the court RULES DEFINITIVELY on the record–either before or at trial–a party DOES NOT NEED TO RENEW an objection or offer of proof to preserve a claim of error for appeal.
FRE 103(d): How should the court shield the jury from hearing inadmissible evidence when making decisions on evidentiary issues?
To the extent practicable, the court MUST conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.
If an objection requires further explanation, attorneys will “approach the bench” for a sidebar to discuss the issues with the judge.
FRE 103(a): When can an appellate judge reverse a trial decision for evidentiary error?
A party may claim error in a trial ruling to admit or exclude evidence, and an appellate judge may reverse that ruling, ONLY IF the error AFFECTS A SUBSTANTIAL RIGHT of the party.
An evidentiary ruling affects a party’s “substantial right” only if there is a reasonable probability that the case’s outcome would have been different if the judge had made the correct ruling.
FRE 105: When must a court give the jury a “limiting instruction?”
If the court admits evidence that is admissible only for limited purposes or against particular parties, the court, on timely request, MUST restrict the evidence to its proper scope and instruct the jury accordingly with a “limiting instruction.”
