Rules
Rule 3D
Witnesses are not bound by facts contained in other witness' statements or testimony of other witnesses presented during trial”.
401
RELEVANT EVIDENCE
611-D
Redirect/Re-cross. After cross-examination, additional questions may be asked by the direct examining attorney, but questions must be limited to matters raised by the attorney on cross-examination. Likewise, additional questions may be asked by the cross-examining attorney or re-cross, but such questions must be limited to matters raised on redirect examination and should avoid repetition.
703
3. B ASES OF AN E XPERT ’ S OPINION T ESTIMONY
An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
803-1
Hearsay Exception- Present Sense Impression
47-C
Non-Responsive Answer—A witness’ answer is objectionable if it fails to respond to the question asked.
404-A
Character Evidence
611-C
Leading Questions. Leading questions should not be used on direct examination of a witness (except as may be necessary to develop the witness’ testimony). Ordinarily, leading questions are permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, leading questions may be used. A hostile witness may only be called pursuant to Rule 12(f) 15(k).
404-B-1
Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.
803-2
Hearsay Exception-Excited Utterance
Ambiguous Questions—An attorney shall not ask questions that are capable of being understood in two or more possible ways.
602
SPECULATION/ pursuant to Rule 602, a witness may not testify to a matter unless the witness has personal knowledge of the matter. This witness has no personal knowledge of “_______”
611-b
Scope of cross-examination. The scope of the cross examination shall not be limited to the scope of the direct examination, but may inquire into any relevant facts or matters
contained in the witness’ statement, including all reasonable inferences that can be drawn from those facts and matters, and may inquire into any omissions from the witness statement that are otherwise material and admissible.
47-A
Argumentative witness- pursuant to rule 47-A this question is argumentative as the opposing counsel is asking the witness to agree to a conclusion drawn by himself without eliciting testimony to new facts.
803-3
Hearsay Exception- Then-Existing Mental, Emotional, or Physical Condition.
49
Proper foundation- Attorneys shall lay a proper foundation prior to moving admission of evidence. After the motion has been made, the exhibits may still be objectionable on other grounds.
613
Prior Statements of Witnesses
702
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; and
(b) the testimony is based on sufficient facts or data.
805
Hearsay included within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
803-8
Hearsay Exception-Public Records
802
Hearsay not admissible
801-C
Hearsay
704
OPINION ON ULTIMATE ISSUE
610
Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.
803-6
Hearsay Exception-Records of a Regularly Conducted Activity.