Potpourri
You can do this to a horse to get him to water or to a witness on cross examination but you cannot generally do this to a witness on direct (unless of course they are hostile). (MRE 611)
What is lead?
These types of witnesses can only give opinions based on the perception of the witness and helpful to a clear understanding of the witness' testimony or the determination of a fact in issue. (MRE 701)
What is a lay witness?
The person who makes the out of court statement is also called this. (MRE 801)
What is a declarant?
I am so cold right now is an example of this. (MRE 803)
What is a present sense impression?
If there are multi layers of this each layer must be admissible.
What is hearsay?
A judge might say this if they disagree with your objection.
What is overruled?
This case name dealing with the examination and qualification of witnesses does not appear anywhere in the Michigan Rules of Evidence.
What is Daubert?
An out of court statement is not hearsay if it is not being admitted for this purpose? (MRE 801)
What is the truth of the matter asserted?
Statements made by a patient might be admissible under this exception. (MRE 803)
What are statements made for purposes of medical treatment?
This exception will allow a statement under belief of impending death concerning the cause or circumstances of what the declarant believed to be impending death. (MRE 804)
What is a dying declaration?
A judge might say this if they agree with your objection.
What is sustained?
Published treatises, periodicals, or pamphlets on a particular subject, once established as a reliable authority, are admissible, but only for this purpose. (MRE 707)
What is impeachment?
No need to consult your hearsay exceptions, prior statements of a witness (with certain conditions) and these are not considered hearsay. (MRE 801)
What are admissions by party opponents?
What is available?
Former testimony is admissible as long as the other party had an opportunity and similar motive to do this. (MRE 804)
What is develop the testimony or direct, cross examine, or redirect the witness?
Strangely enough, a court may call one of these on its own motion, so long as all parties have an opportunity for cross examination. (MRE 614)
What is a witness?
These, upon which an expert bases an opinion or inference, shall be in evidence. (MRE 703)
What are facts or data?
A witness' prior statement of this type made after perceiving the person is also not considered hearsay. (MRE 801)
What is identification?
This type of document, an exception to hearsay under MRE 803 may be read into evidence, but may not itself be received as an exhibit unless offered by an adverse party.
What is a recorded recollection?
Just so there is no question, the evidence rules do make sure to tell you that a declarant is considered unavailable because of variety of reasons, including privilege, refusing to testify, lack of memory, being ill or because they are this?
What is dead?
The rules are intended to eliminate unjustifiable expense and delay, promote growth and development of the law of evidence and to secure truth and this.
(MRE 102)
What is fairness?
Under MRE 702, the court may permit a witness to testify as an expert if they possess one of these types of knowledge that will assist the trier of fact to understand the evidence or to determine a fact in issue.
What is scientific, technical, or other specialized knowledge?
A statement can be both verbal and non verbal if intended as this.
(MRE 801)
What is an assertion?
The MRE, contain this exception MRE 803 but not 804 as long as there are circumstantial guarantees of trustworthiness.
What is the catchall exception?
In order to enter in a statement against interest there must be this to indicate the trustworthiness of the statement.