Why We have rules of evidence & Rules 103, 104, 611 Flashcards
Why do we have rules of Evidence?
To help the court with Efficiency and Accuracy
Rule 611(a) Mode and Order of Interrogation and Presentation
(a) Control by court-the court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to . . .avoid wasting time…
Rule 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 or:….undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 104: Preliminary Questions
(a) in general-The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.
Rule 103(a)-Ruling on Evidence
(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 record:
(a) timely objects or moves to strike; and
(b) states the specific ground, unless it was apparent from the context; or
(2) if the ruling excludes evidence a party informs the court of its substance by an offer of informs the court of its substance by a offer of proof, unless the substance was apparent from context.
611(b)-Mode and Order of Examining Witnesses and Presenting Evidence
(b) Scope of cross examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witnesses’ credibility. The court may allow inquiry into additional matters as if on direct examination.
611(c)-Mode and Order of Examining Witnesses and Presenting Evidence
(c) Leading Questions. Leading Questions should not be used on the direct examination except as necessary to develop the witnesses’s testimony. Ordinarily, the court should allow leading questions on cross-examination.
