Hearsay Exceptions
2 most common Not Hearsay exceptions
1) "Not being given for the truth of the matter asserted but for [context/effect on the listener]" (combat definition of hearsay/801.c.2)
2) "A statement made by party opponent" (801.d.2)
Stipulates that the autopsy report (exhibit 5) can be admitted with objections to the admissibility waived. Either party may enter Exhibit 5 into evidence at any point after opening statements.
What is stipulation 7?
Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait
What is Rule 404 (Improper Character Evidence)?
How do you respond to relevance (ex. Alex Grace's career history)?
"Relevance is a low bar in the state of Midlands..." + how the piece of testimony ties into the case
The case law that includes out-of-court statements made by a witness on the stand or witness who was or will be called, as a part of Hearsay
What is America's Best Cookie vs. International House of Waffle?
Exceptions 803 1-3 (used most commonly for statements made by a witness on stand at the moment)
Present Sense Impression, Excited Utterance, Then Existing Mental/Physical/Emotional Condition
If Harper Villafana is called as a witness at trial, all objections to the admissibility of Exhibit 20 are waived.
What is Stipulation 15?
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action
What is Rule 401 (Relevance)?
How do you respond to More Prejudicial than Probative?
"Your honor, the rules state that a piece of testimony must be substantially more prejudicial than probative. The probative value of [...] outweighs the prejudice."
Case law that states that experts cannot be a conduit for inadmissible hearsay
What is Richards V. Mississippi BBQ?
Rule 803.6 and the 4 things that qualify it under the exception
Records of a regularly conducted business activity
[needs a) made by someone with knowledge; b) kept as a part of regularly conducted business; c) it's making is a regular practice; d) introduced by the custodian of the records or another qualified witness]
If Danny Kosack is called as a witness at trial, all objections to the admissibility of Exhibit 21 (the monthly financial statements for the Midlands Animal Sanctuary) are waived
What is Stipulation 16?
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter
What is Lack of Personal Knowledge/Speculation (Rule 602)?
How do you respond to Improper Character Evidence? (ex. Entering the Wine Receipt)
[If your response satisfies Bre/Cole, you're good]
[blank] is defined as a memorandum, report, or data compilation
What is a Record?
Rule 803.18 and its 2 qualifiers
Statements in Learned Treatises, Periodicals, or Pamphlets
[needs a) item is brought to attention by an expert witness through cross examination/direct examination; b) The expert testifies it's a reliable source]
On June 29, 2017, following the animal attack resulting in the death of Chris Villafana, on-scene EMTs treated Danny Kosack’s left forearm for an injury consistent with an animal bite. Treatment of the injury required a total of eighteen stitches
What is Stipulation 18?
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to:
(a) rationally based on the witness’s perception; (b) helpful to understand the witness’s testimony or to determining a fact in issue;
and (c) not based on specialized knowledge within Rule 702.
What is Rule 701 (Testimony by Lay Witness)?
How to respond to a Foundation Objection (on an expert)?
Request which part of the 702 they're saying isn't done yet. Then, either say "Your honor, I wasn't done with laying my foundation and within a moment I will address that detail," or "Your honor, I've already addressed that when [...]"
These are the number of hours Danny spent training Elias against environmental stimuli. Also, the hours spent training Elias to use hand gestures.
What is 150 hours? What is 8 hours?
What is Reputation Concerning Character exception?
[A reputation among a person’s associates or in the community concerning the person’s character.]
If Alex Grace is not called as a witness at trial, neither party is at fault for Grace being unavailable to testify, and Grace will be deemed to be unavailable for purposes of Midlands Rules of Evidence 804.
What is Stipulation 17?
a) The expert's knowledge will help us understand a fact in the issue
b) Testimony is based on sufficient facts and data
c) Testimony is founded in reliable principles/methods
d) The expert has applied these principles/methods to the case
What is Rule 702?
What's the order in which you enter evidence?
Pre-step: know whether or not you need to ask to approach people
1) Approach Opposing council, announcing intent2) Approach Witness, announcing intent
3) Pass judge a copy
4) Ask and establish integrity of the evidence
5) Enter the evidence.
Hearsay Exception Rule 803.17
What is Market Reports and Similar Commercial Publications?