Rulings on Evidence

Question 1

When may a party object to a ruling admitting evidence (Rule 103)?

Answer 1

• A party may claim error in a ruling to admit evidence only if
  o (1) the error affects a “substantial right” of the party
  o (2) the party, on the record, timely objects or moves to strike
  o (3) states the specific ground, unless apparent from the context

Question 2

When may a party object to a ruling excluding evidence (Rule 103)?

Answer 2

• If the ruling excludes evidence and it affects the party’s substantive right, the party informs the court of the substance of the evidence by an offer of proof, unless the substance was apparent from the context

Question 3

Must the offer of proof be in writing?

And if an offer of proof is required, when must it be made?

Answer 3

• In an offer of proof, the party may state what the excluded evidence would be either orally or in writing;
• Where a ruling excludes evidence, an offer of proof is generally required unless the substance of the evidence is apparent from the context. When such an offer of proof is required, it is made outside the presence of the jury.

Question 4

Must a party continuously renew an objection once it has been made?

Answer 4

• 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 5

What is the consequence of not waiving an objection?

Answer 5

• If no objection is made to objectionable evidence, any objection is waived, and the appellate court will not consider the issue, absent plain error.

Question 6

What is the harmless error doctrine?

Answer 6

• An error is harmless if the jury would have reached the same verdict even if the error had not occurred; no substantial rights are affected. If the appellate court finds error, but that it was harmless, no relief will be granted.

Question 7

What is the plain error doctrine?

Answer 7

• Plain error is defined as a highly prejudicial error affecting “substantial rights.” The only time a reversal will result from the admission of evidence despite an objection not being raised is when plain error is found.

Question 8

What kinds of preliminary questions must the court decide (Rule 104)?

Answer 8

• The court must decide any preliminary question about whether:
  o (a) a witness is qualified,
  o (b) a privilege exists, or
  o (c) evidence is admissible

Question 9

Is the admissibility of evidence a question of law or fact?

Answer 9

• Admissibility of evidence is always a question of law for the judge, not the jury.

Question 10

What is conditional admissibility?

Answer 10

• When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

Question 11

When must the court conduct a hearing on a preliminary question without the presence of the jury?

Answer 11

• the hearing involves the admissibility of a confession;
• a defendant in a criminal case is a witness and so requests; or
• justice so requires.

Question 12

What is a limiting jury instruction (Rule 105)?

Answer 12

• It is when a court, on timely request, restricts admitted evidence to its proper scope and instructs the jury accordingly

Question 13

What is the rule of completeness (Rule 106)?

Answer 13

• Where a party introduces part of a writing or recording, the adverse party may immediately introduce any other writing or part of the writing, which, in fairness, ought to be considered in conjunction with it.

Question 14

What is the purpose of the rule of completeness?

Answer 14

• The purpose is to avoid misleading the jury and prevent statements from being taken out of context

Question 15

What is an exception to the rule of completeness?

Answer 15

• Rule 106 is not applicable to conversations—only to writings and recordings.