Objections, Midlands Rules of Evidence, AMTA 08
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| Rule 401 – Definition | show 🗑
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| show | 1. Publication
2. Falsity of the statement
3. Defamatory statement
3. Defendant is at fault
4. Harm
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| show | 1. Goes to the elements of your case
Publication, falsity, defamation, fault, harm
2. Foundational.
How far away were you when you saw it?
3. Credibility.
You lied to the police, didn’t you?
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| show | Probative value is substantially outweighed by danger of unfair prejudice
Confusion of the issues, misleading the jury
Undue delay, waste of time
Cumulative evidence
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| What is the standard under Rule 403? | show 🗑
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| Speculation-Rule 403 | show 🗑
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| show | Witnesses can still testify to lay opinions under Rule 701.
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| show | Location
That he can see the two of them
That he can identify both of them
Objection: Lack of Foundation
~Before an expert can testify to an opinion, the judge needs to know he’s qualified.
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| show | We haven’t heard testimony that the witness went inside
A question cannot assume a fact until it has been testified to.
Objection: Assumes facts not in evidence
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| “Where do you live?” I live in St. Paul. I’m a college student, so it’s nice to live so close to school. I like school, blah blah blah. | show 🗑
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| show | You will often have combative answers with this objection.
Made after a witness answers your question on cross.
It means what it says. The witness is not responding to your question.
Objection-Non-Responsive
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| Objection, "Non-Responsive" Honor: "Sustained." You do what?____ | show 🗑
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| Objection, "Narrative" Honor: "Sustained." You do what?____ | show 🗑
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| show | Very common when your witness is being crossed.
Objection: Asked and Answered
If you get this objection, your answer is that the witness has not answered the question.
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| Objection, "Cumulative" | show 🗑
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| You went into the house and turned on the lights, right? | show 🗑
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| show | Objection: Vague/overbroad
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| show | Objection: Misstates the evidence
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| What two rules must all evidence satisfy to be admissible? | show 🗑
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| show | Goes to elements of your case
Is foundational
Goes to credibility of a witness
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| show | Prejudicial value must substantially outweigh the probative value of the evidence
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| Attorney: "You grabbed him and shook him, didn’t you?" | show 🗑
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| show | Objection: Speculation (Guessing what someone is thinking)
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| Attorney: "You expect this jury to believe that you interviewed all possible witnesses?" | show 🗑
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| Attorney: "You hit him in the head?" Witness: I hit him in the head because he tried to hit me first. | show 🗑
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| Direct Attorney: "Where was he sitting?" Witness: "He was sitting in the recliner. He was reading a newspaper and smoking his pipe…" | show 🗑
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| Difference between Narrative and Non-Responsive? | show 🗑
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| show | Objection: Misstates the Evidence
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| McQuiggan: "I found powder burns on the gloves." Attorney: "Based on that finding, how close was the gun to Lane Hamilton when it fired?" | show 🗑
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| Attorney: "How far away was he?" Witness: "About five feet away." Attorney: "About how far?" | show 🗑
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| Definition: Rule 801(c) | show 🗑
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| What is a statement? Rule 801(a) | show 🗑
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| Assertion – “The light was green.” | show 🗑
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| show | What fact about this statement can you dispute as being true or false?
You can’t! There is no fact to fight about here.
Usually seen with commands, exclamations.
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| show | Non-verbal assertions
Examples of non-verbal assertions?
Pointing
Smiling/Nodding
If it’s unclear whether the person intended it to be an assertion, it should not be admitted.
Crying
Soiling yourself if someone threatens you
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| What is hearsay? | show 🗑
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| show | A declarant is a person who makes a statement.
Does not include robots, zombies, Iowans…
More importantly, does not include computer printouts
E.g., lab tests that result in a computer printout analysis
Rule: A statement is hearsay only if it comes fr
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| “Other than one made… while testifying at trial” | show 🗑
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| Statement: Jim told me he shot that guy. | show 🗑
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| show | NO.
You are not offering the statement to try to prove that the driver was in a hit and run.
You are offering it to show its effect on the officer. Namely, he pulled over a vehicle matching that description.
Without that radio call in evidence, it mig
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| You want to offer the defendant’s statement, “He told me he shot that guy,” just to prove that the defendant was at a certain location | show 🗑
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| show | There is NO hearsay objection.
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| show | So in order for their statements to be admissible, the other side’s attorney has to be offering them
For Drew Walton’s statements to be admissions, the defense attorney has to be questioning a witness about them
Does not matter which side the witness is
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| Defendant and undercover cop are in a jail cell. Cop asks Defendant if he killed the guy on Baker Street. Defendant says, “Yeah, I did.” | show 🗑
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