This is an extract of our Witness Examination And Rulings On Evidence document, which we sell as part of our Evidence (Duke Beskind) Outlines collection written by the top tier of Duke University School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Evidence (Duke Beskind) Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Witness Examination and Rulings on Evidence i.
vi. Making a record - Rule 103. Rulings 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 the 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 proof, unless the substance was apparent from the context. [if the answer is allowed, the witness would have said XYZ]
(b) Not Needing to Renew an Objection or Offer of Proof. 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. [no need to object again in trial if ruling already made in motion in limine]
(c) Court's Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form. (d) Preventing the Jury from Hearing Inadmissible Evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means. [Motion in limine]
(e) Taking Notice of Plain Error. A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved. timely: a. to a question before an answer is given b. to an answer before the next question is asked c. to an exhibit at the time it is offered d. To a witness (competence), before the oath or immediately thereafter Offer of proof: a. Testimony is excluded b. Witnesses are rejected i. Shouldn't be necessary for exhibits Substantial right a. An error affecting a substantial right of a party is an error which had a substantial influence on the outcome or leaves one in grave doubt as to whether it had such effect. If the answer is objectionable: a. Object b. If sustained i. Move to strike ii. Request a cautionary instruction c. Request a mistrial? It must be discussed with a client Motions in limine: many judges defer motions in limine until the trial, so the judge hasn't made a definitive ruling, and therefore you need to object on trial.
Buy the full version of these notes or essay plans and more in our Evidence (Duke Beskind) Outlines.