Evidence Law and the System

611(c)

Can’t ask leading questions on direct

“Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:

(1) on cross-examination; and

(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.”

611(b)

Scope of direct rule (questions on cross should only cover what was raised on direct)

“Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.”

103(e)

“A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.”

Plain error needs to be clear/obvious & serious

105

Curative instruction doctrine, one of the 3 harmless error doctrines

“If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.”