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MRE Objections

QuestionAnswer
Rule 802 Hearsay - An outside of court statement offered to assert the truth of the matter.
Hearsay Exception: 803 (2) Excited utterance - has NO TRUTH VALUE
Hearsay Exception 803 (3) Then existing mental, emotional or physical condition.
Hearsay Exception 803 (5) Recorded recollection MUST ESTABLISH FOUNDATION (fulfill all prongs A, B and C)
Hearsay Exception 803 (6) Record of regularly conducted activity MUST ESTABLISH FOUNDATION (fulfill all prongs A, B, C, D and E)
Hearsay Exception 803 (8) Public Records MUST ESTABLISH FOUNDATION (fulfill all prongs A and B)
Rule 703 Bases of An expert opinion (allows for an expert to rely on "hearsay" evidence as long as the value of the evidence is more probative than prejudicial. Basically evidence is important enough that risk of swaying jury unfairly is ignored).
Rule 702 Testimony Expert Witness. MUST FULFILL THESE FOUR PRONGS.
Rule 702 PRONGS A & B A) Expert's specialized knowledge must help trier of fact understand evidence or determine fact in issue B) Testimony is based on sufficient facts/data
Rule 702 PRONGS C & D C) Testimony is a result of reliable principles and methods D) Expert's opinion reflects reliable application of principles and methods to the facts of the case.
Rule 602 Lack of Personal Knowledge - When witness testifies to something they didn't directly experience.
Rule 403 More Prejudicial Than Probative - When the evidence might unfairly sway the emotions of the jury. (Basically, its probative value does NOT substantially outweight the prejudical aspect of it)
Rule 602 Speculation - When a witness guesses about something they don't personally know.
Rule 701 Improper Opinion - When a lay-witness gives an opinion.
Rule 701 Exception A lay-witness may give an opinion if it's A) rationally based on their own perspective, B) helps the jury understand their testimony and, C) is not based on expert knowledge
Rule 104 Lack of Foundation - When an attorney tries to introduce evidence without first showing where it came from or how the witness knows about it. (Also used when an attorney fails to lay foundation for hearsay exceptions)
Rule 611 (a) Narrative - when a witness gives a long, uninterrupted speech instead of answering the question. ("The witness's answer goes beyond the scope of the question)
Rule 404 Character Evidence - when an attorney presents evidence to try and show the jury that the witness has a tendency towards hostility, lying, honesty, etc.
Rule 404 (2) Exception This evidence might be admissible for other purposes (so basically, just prove that it's more probative than prejudicial)
Rule 704 Opinion On the Ultimate Issue - a witness, especially an expert, can't tell the jury how to decide on the main question in the case. (However, an opinion is not objectionable just bc it embraces the ultimate issue).
Rule 401 Relevance. (Bar of relevance is extremely low)
Rule 611 (a) Vague and Ambiguous - When a question is too vague or ambiguously worded.
Rule 611 (6) Leading Question. ONLY ALLOWED ON CROSS.
Created by: PaulaLCA
 



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