Hear Me Out
An out-of-court statement offered for the truth of the matter asserted.
What is hearsay?
MRE 801(d)(2) covers statements offered against this person, and per McDonald v. Parks the statement does not have to be against that person’s interest.
Who is the opposing party?
Stipulation 7 pre-admits these two exhibits.
What are exhibits 1(b) and 3(a)?
1(b) - Weber Report
3(a) - Map
This 1998 case bars an expert from testifying on direct to opinions not stated in the exchanged report, calling it trial by ambush.
What is Kane Software Co. v. Mars Investigations?
What objection are you not making this weekend?
What is relevance?
The 4:25 a.m. 911 caller says "I see smoke over by Dip Road," describing what they see. Offered to prove there was smoke, the best exception to hearsay is this one, for statements describing an event while perceiving it.
What is present sense impression?
803(1)
Stipulation 14 says a Midlands court held MG&E’s Field Service Technicians, like Finley Gray, were improperly classified as independent contractors and should have been classified as these.
What are MG&E employees?
Under Stipulation 9, Exhibit 3(b) needs this much additional foundation.
What is none?
Dr. Prescott opines the collision, the arcing, and the response all show MG&E is negligent. This rule ensures just because Dr. Prescott's opinion embraces the ultimate issue, it is not inadmissible.
What is rule 704?
A piece of evidence has substantial probative value because it may show that MG&E received notice of a dangerous condition, but the opposing party argues that it will unfairly prejudice the jury. This balancing test is found under this rule.
What is rule 403?
In Exhibit 5(f), there is a declaration laying the foundation for the preceding exhibits (a-e) to be admitted under this hearsay exception.
What is Records of a Regularly Conducted Activity?
803(6)
Finley Gray’s January 1 text messages to Morgan Jacob are offered by the plaintiffs against MG&E. This rule says they aren't hearsay.
What is 801(d)(2)(D)?
This section of the UROC manual (Ex. 14) discusses wildfire mitigation.
What is § 6?
This case states 703 cannot be used for experts to merely repeat what they are told. Nor can they testify or present a chart in a manner that simply summarizes inadmissible hearsay.
What is Richards v. Mississippi BBQ?
Under Pretrial Order ¶2, evidence relating solely to this is inadmissible at this liability-only trial.
What are damages?
If Weaver testifies for the Plaintiff, and defense wants to admit the line in Weaver's report where Norris admits to having a couple drinks, this rule states there must be an exception for both the report and the statement?
What is hearsay within hearsay?
803(5)
Kaplan v. Sikora lists three requirements for an employee’s statement to be admissible against the employer under MRE 801(d)(2)(D). Name all three.
What are: (1) the declarant is the party’s agent or employee; (2) the statement concerns a matter within the scope of the employment; and (3) it was made while the relationship existed?
This exhibit features the line: "What matters is getting the job done quickly and cheaply. Nothing else matters."
What is Exhibit 7(a)?
Dr. Prescott relies on statements from others in forming an expert opinion about the Dip Fire. Assuming they are inadmissible, this is the balancing test used in Rule 703 to determine whether Dr. Prescott can rely on this otherwise inadmissible evidence.
What is substantially more probative than prejudicial?
MG&E cannot offer proof that it safely maintained other poles to show it was careful here, because Coburn Camera Crew applies the character-evidence rules to these.
What are companies?
(Businesses and other legal entities)
This rule makes using a witness's affidavit or statement nonhearsay if the prior statement is inconsistent with the witness's current testimony.
(Looking for the full number citation)
What is 801(d)(1)(A)?
Pretrial Order ¶3 deems Stackhouse’s statements after January 1, 2026 — like her January 6 email (Ex. 7b) — to be MG&E’s own, and does the same for this other named employee.
Who is Jarvis Owens III?
Exhibits 10(a)-11(b) are text conversations. Under Ginger v. Heisman, a text shown to come from a number that purports to belong to the person is enough to authenticate it, at least absent this.
What are reasons to believe someone else sent it?
Everly’s report admits, “This is also my first time testifying in court.” Under Sheth v. Dean, that fact does this to her opinion.
What is nothing?
(But it can still be crossed for credibility)
Plaintiff offers MG&E’s post-fire systemwide equipment upgrade, through a cross of Stackhouse, to prove negligence. The objection is this rule on subsequent remedial measures.
What is rule 407?