Rules of Evidence

Objection

your challenge to something you heard in trial

Rules of evidence (relevance)

401, 402,403

Relevance

A fact not pertaining to the case, evidence not related to elements or witness creditabillity

Objections format acronym

Irac

I

Issue; “objection, your honor…”

R

Rule; “under rule #…”

A

Analysis (save for judge’s reaction/opponent’s rebuttal)

C

Conclusion; “therefore this is/isn’t admissable…”

401

Any tendency to make a fact of consequence more likely than not

402

If not relevant, not admissible

403

More prejudicial than probative

Hearsay

An out of court statement offered to prove the truth of the matter asserted.

801

An out of court statement offered to prove the truth of the matter asserted.

802

Hearsay is not admissible

803

Hearsay is admissible, if one of the exceptions apply... (37 exceptions)

Party Opponent

Chosen by opposing council to represent them

Party Representative

chosen to represent your party

Sustained

the objection is applicable/reasonable

Overruled

the objection is not applicable/not reasonable

asked and answered

move on; you keep asking the same question

Substantive Objections

controls what the witness can say in the courtroom

Narrative

the witness is telling a story not stating their case

Stipulations

things about the case that both councils agreed on before court

when to object

\-when damaging evidence is brought up

\-to mess up your opposing council (get them out of their rhythm)

\-to show the judge your knowledge

improper/lack of foundation

needs more background

speculation

the witness is being asked to make a guess, estimate, or assumption

what is an example of a hearsay “buzz-word”

“she said” “I heard” “I read”

Is unentered evidence considered hearsay?

yes

present sense impression

tell/show what was happening while the witness was experiencing it

104

lack of foundation

801c

Hearsay

801a

Statement

801b

Declarant

803.1-Present Sense impression

a persons pov on/of something

803.2

excited utterance

804a

declarant is unavailable (cannot answer) because of

1. legal privilege

2. refusal

3. death/illness

4. cannot be found

804b

exceptions for declarants unavailable to answer