Raising + resolving evidentiary objections Flashcards
T/F: Evidentiary objections applies to appellate court
True
Rule 103(a)
Preserving a claim of error
A party may claim error ONLY if ____ ?
[103(a)]
the error affects a substantial right of the party and the objection is timely + states a specific ground.
T/F: Objection, hearsay is an example of a specific ground.
TRUE
Objections are raised ____ the opponent introduces potentially inadmissible evidence
before
Sustained objection = ____ evidence
exclude
Overruled objection = _____ evidence
admits
T/F: If some of the challenged evidence is admissible and some are not, the judge has to get rid of the entire document.
FALSE
Judge cane redact portions that are deemed inadmissible
Motion to strike occur ___ ?
after disputed evidence has already entered the record.
When is an objection untimely?
when raised on a motion for a new trial or in an appellate brief
After party A objects, party B can ?
[103(a)(2)
offer proof to show the judge what the evidence entails.
How does an issue get reserved for appeal?
[103(b)]
Once a trial counsel has made a specific and timely objection, and the judge has overruled the objection.
Rule 105
limiting instructions
105 is a must or a may?
MUST!
when requested, judge HAS too!
When is 105 triggered?
When the evidence is admissible for limited purposes or against certain parties, and a party requests an instruction to notify jury of such limits
Standards of review for appeal [3]
Abuse of discretion
Harmless error
Plain error
Abuse of discretion
an error of judgment by the trial court in making a ruling not consistent with the facts or law of the case.
harmless error
error does not affect the outcome of the case
Under harmless error, appeal _______ result in reversal of a lower court decision.
does not
Under plain error, appeal ______ result in reversal of a lower court decision
does
Plain error
[103(e)]
A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.
