Relevance

Question 1

103

Answer 1

“Rulings on Evidence (103)

Preserving a Claim of Error-

1. Only if the error affects a substantial right of the party AND:

I. if the ruling admits evidence, and the party, on the record:
a. timely objects/moves to strike; AND
b. states the specific ground, unless it was apparent from the context; OR
II. if the ruling excludes evidence, a party then informs the court of its substance by an offer of proof to preserve a claim of error for appeal

2. If the court rules definitively on the record-a party does not need to renew an objection/offer of proof to preserve a claim of error
3. Court may request offer of proof be made in Q&A form
4. Court should do best to prevent jury from hearing inadmissible evidence
5. “Take notice of Plain Error” Court is allowed to even if the claim was not properly preserved.
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Question 2

401

Answer 2

“Test for Relevancy (401)
(all evidence is relevant-unless it is not= low bar)
1. it has any tendency to make a fact more or less probable than it would be without the evidence; and

2. the fact is of consequence in determining the action.
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Question 3

402

Answer 3

“Admissibility of Relevant Evidence (402)

1. Relevant evidence is admissible unless any of the following provides otherwise: US Con.; Fed Statute; these rules of Evidence; and prescribed rules by S.C.
2. Irrelevant evidence is not admissible.
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Question 4

403

Answer 4

“Exclusion of Relevant Evidence (403)

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
1. unfair prejudice,
2. confusing the issues,
3. misleading the jury, undue delay,
4. wasting time, or
5. needlessly presenting cumulative evidence.
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