Raising & Resolving Evidentiary Objections

Question 1

Rule 103(a)

Answer 1

(a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence ONLY IF the error affects a substantial right of the party and:
(1) if 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 contexdt; or …

Question 2

Rule 103(d)

Answer 2

(d) Preventing the Jury from Hearing Inadmissible Evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.

Question 3

Rule 105

Answer 3

If the Court admits evidence that is admissible against a party or for ta purpose - but not against another party or for another purpose - the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Question 4

Rule 103(a)(2)

Answer 4

(2) if the ruling excludes evidence, a party informs the court of its substance by any offer of proof, unless the substance was apparent from the context.

Question 5

Rule 103(b)

Answer 5

(b) Not Needing to Renew an Objection or Offer of Proof. 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.

Question 6

Appellate courts rarely reverse because…

Answer 6

1. The “abuse of discretion” standard applies on appeal if error is preserved.
   - The judge can be wrong and still not have abused his discretion.
2. Fed. R. Evid. 103(a) requires that the error affect a “substantial right” = reasonable probability that if the judge had made the correct ruling, the outcome of the case would have been different.
   - Error can’t be “harmless.”

Question 7

If error is not preserved

Answer 7

appellate standard is even higher than “abuse of discretion:” it must be a “plain error.”

Question 8

“Plain Error”

Answer 8

An error that is clear and obvious under current law, affects a party’s substantial rights, and would seriously affect the fairness, integrity, or public reputation of judicial proceedings if left uncorrected.

Question 9

Fed. R. Evid. 103(e)

Answer 9

(e) Taking Notice of 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.

Question 10

To object to evidence that is already in the record, an attorney makes a…

Answer 10

motion to strike

- Fed. R. Evid. 103(a)(1)

Question 11

Objections must be timely and…

Answer 11

specific

- Fed. R. Evid. 103(a)(1)

Question 12

An offer of proof is…

Answer 12

A demonstration of the substance of the challenged evidence.

- Red. R. Evid. 103(a)(2) [re: rulings that exclude evidence]

Question 13

When a judge sustains n objection…

Answer 13

… the evidence is excluded.

Question 14

If a party requests a limiting instruction under Fed. R. Evid. 105, the judge may give such an instruction.

Answer 14

False.

Question 15

The Fed. Rs. Evid. places burden on parteis (as opposed to judges) to…

Answer 15

To identify defects in evidence and defend the admissibility of that evidence. This is done by objecting to and defending evidence in a way that lets trial judges resolve disputes as quickly and correctly as possible.

Efficiency is essential.

Question 16

Because inadmissible evidence can taint a jury’s verdict, the process of resolving evidentiary disputes should shield…

Answer 16

… shield the jury from potentially defective evidence.

Question 17

Most evidentiary disputes are decided at…

Answer 17

… trial. Appellate courts review very few evidentiary rulings.