Rules Flashcards
4 (b)
“Attorneys shall not ask questions calling for information outside the scope of case materials or requesting an unfair extrapolation…”
Rule 3 (d)
“A witness is not bound by the facts contained in other witness statements”
Rule 4(c)
“Attorneys for the opposing team may refer to Rule 4 in a special objection, such as ‘unfair extrapolation’ or ‘This information is beyond the scope of the statement of facts”
Rule 19
“Bench conferences may be granted at the discretion of the presiding judge, but should be made from the councel table in the educational interest of handling all matters in open court”
Rule 39
-Stipulations-
Stipulations shall be considered part of the record and already admitted into evidence.
Rule 44
Argumentative/Ambiguous Questions and Non-responsive Answer
Rule 44(a)
“Argumentative — An attorney shall not ask a question which asks the witness to agree to a conclusion drawn by the question without eliciting testimony as to new facts; provided, however, that the court may in its discretion allow limited use of argumentative questions on cross examination.”
Rule 44(b)
“Ambiguous Questions — An attorney shall not ask questions that are capable of being understood in two or more possible ways.”
Rule 44(c)
“Non-Responsive Answer — A witness’ answer is objectionable if it fails to respond to the question asked.”
45
-Assuming Facts Not in Evidence-
“An attorney shall not ask a question that assumes unproved facts…”
46
-Lack of Proper Predicate/Foundation-
“Attorneys shall lay a proper foundation prior to moving admission of evidence…”
50(a)
-“Objections” During Openings/Closings-
“No objections may be raised during opening statements or during closing arguments…”
Do the whole “I would have objected to…” thing after.
50(b)
-Scope of Closing Arguments-
“Closing Arguments must be based on the actual evidence and testimony presented during the trial, including rebuttal.”
201
Judicial notice
401
-Test for Relevant Evidence-
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.
402
-General Admissibility of Relevant Evidence-
403
-Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons-
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
404
-Character Evidence; Crimes or Other Acts-
404(a)
Character evidence
404 (a) 1.
-Prohibited Uses of Character Evidence-
Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
404.(b)
-Crimes, Wrongs, or Other Acts-
404.(b).1.
-Crimes, Wrongs, or Other Acts-
Prohibited Uses.
Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.
404.(b).2.
-Crimes, Wrongs, or Other Acts-
Permitted Uses.
This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
405.(a)
-Methods of Proving Character-
By Reputation or Opinion
When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion.
On cross-examination of the character witness, the court my allow an inquiry into relevant specific instances of the person’s conduct.
405.(b)
-Methods of Proving Character-
By Specific Instances of Conduct.
When a person’s character or character trait is an essential element of a charge, claim, or defense, the character trait may so be proved by relevant specific instances of the person’s conduct.
406.
—Habit, Routine Practice—
Evidence if a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.
602.
—Need for Personal Knowledge—
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter…
608.
—A Witness’s Character for Truthfulness or Untruthfulness—
608.(a)
—A Witness’s Character for Truthfulness or Untruthfulness—
-Reputation or Opinion Evidence-
A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is only admissible after the witness’s character for truthfulness or untruthfulness has been attacked.
608.(b)
—A Witness’s Character For Truthfulness or Untruthfulness—
-Specific Instances of Conduct-
…extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
1. the witness; or
2.another witness whose character the witness on cross-examination has testified about.
By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.
611.(b)
—Mode and Order of Interrogation and Presentation—
-Scope of Cross-examination-
The scope of cross-examination shall not be limited to the scope of the direct examination…
611(c)
—Mode of Order of Interrogation and Presentation—
-Leading Questions-
Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony…the court should allow leading questions on cross-examination.
701.
—Opinion Testimony by Lay Witness—
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
(a) rationally based on the witness’s perception;
(b) helpful to clearly understanding the witness’s testimony or to determining the fact in issue; and
(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
801(c)
—Definition of Hearsay—
“Hearsay” means a statement that:
- the declarant does not make while testifying at the current trial or hearing; and
- a party offers in evidence to prove the truth of the matter asserted on the statement.
801(d)(1)
—Statements That Are Not Hearsay—
-A Declarant Witness’s Prior Statement-
801(d)(2)
—Statements That Are Not Hearsay—
-Opposing Party’s Statement-
802.
Hearsay is not admissible except as provided by these Rules.
803.
—Hearsay Exceptions—
803(1)
—Hearsay Exceptions—
-Present Sense Impression-
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
803(2)
—Hearsay Exceptions—
-Excited Utterance-
803(3)
—Hearsay Exceptions—
-Then-Existing Mental, Emotional, or Physical Condition-
A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
803(5)
—Hearsay Exceptions—
-Recorded Recollection-
A record that:
a. is on a matter that the witness once knew about but now cannot recall well enough to testify fully and accurately;
b. was made or adopted by the witness when the matter was fresh in the witness’s memory; and
c. accurately reflects the witness’s knowledge.
If admitted, the record may be admitted into evidence but may be received as an exhibit only if offered by an adverse party.
803(6)
—Hearsay Exceptions—
-Records of a Regularly Conducted Activity-
A record of an act, event, condition, opinion, or diagnosis if:
a. the record was made at or near the time by — or from information transmitted by — someone with knowledge;
b. (Not applicable in civil case)
805.
—Hearsay within Hearsay—
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
“Records of a regularly conducted activity” should be referred to instead as what?
“Business records”
Name the rule number:
Witness bound by statements
Rule 3.
Name the rule number:
Unfair extrapolation
Rule 4.
Name the rule number:
Stipulations
Rule 39.
Name the rule number:
Argumentative questions
Rule 44(a)
Name the rule number:
Ambiguous questions
Rule 44(b)
Name the rule number:
Non-responsive answers
Rule 44(c)
Name the rule number:
Assuming facts not in evidence
Rule 45.
Name the rule number:
Lack of proper predicate/foundation
Rule 46.
Name the rule number:
Judicial Notice of Adjudicative Facts
Rule 201.
Name the rule number:
Test for Relevant Evidence
Rule 401.
Name the rule number:
General Admissibility of Relevant Evidence
Rule 402.
Name the rule number:
Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Rule 403.
Name the rule number:
Character Evidence; Crimes or Other Acts
Rule 404.
Name the rule number:
Character Evidence: Prohibited Uses
404(a)1.
Name the rule number:
Crimes, Wrongs, or Other Acts
Rule 404(b)
Name the rule number:
Crimes, Wrongs, or Other Acts: Prohibited Uses
Rule 404(b)1.
Name the rule number:
Crimes, Wrongs, or Other Acts: Permitted Uses
Rule 404(b)2.
Name the rule number:
Methods of Proving Character
Rule 405.
Name the rule number:
Methods of Proving Character: By Reputation or Opinion
Rule 405(a)
Name the rule number:
Methods of Proving Character: By Specific Instances of Conduct.
Rule 405(b)
Name the rule number:
Habit, Routine Practice
Rule 406.
Name the rule number:
Character evidence as an essential element of the case
Rule 405(b)
Name the rule number:
Need for Personal Knowledge
Rule 602.
What should “speculation” be referred to as in an objection?
“Need for personal knowledge”
Name the rule number:
Who May Impeach a Witness
Rule 608.
Name the rule number:
A Witness’s Character for Truthfulness of Untruthfulness
Rule 608.
Name the rule number:
A Witness’s Character for Truthfulness or Untruthfulness: By Reputation or Opinion Evidence
Rule 608(a)
Name the rule number:
A Witness’s Character for Truthfulness or Untruthfulness: By Specific Instances of Conduct
Rule 608(b)
What rule allows limited use of argumentative questions on cross-examination?
Rule 44(b)
What is the test for relevancy?
Evidence is relevant if:
- It has any tendency to make a fact more or less probable…
- The fact is of consequence in determining the action.
true or false?
Evidence of a crime, wrong, or other act may be used for propensity purposes.
False
[see Rule 404(b)2.]
What rule allows character evidence to be admitted as an essential element of the case?
Rule 405(b)
Rule 609.
—Impeachment by Evidence of a Criminal Conviction—
true or false?
In general, character evidence is inadmissible for propensity purposes.
True
Name the rule number:
Scope of Cross-Examination
Rule 611(c)
Name the rule number:
Impeachment by Evidence of a Criminal Conviction
Rule 609.
What rule should YOU use to impeach a witness with evidence of a criminal conviction?
Rule 609(a)2.
Name the rule number:
Opinion Testimony by a Lay Witness
Rule 701.
