At Trial
This is a type of jury instruction given when evidence is admitted for only one party or purpose (but not another party or purpose).
What is a "limiting instruction"?
This is how you lay the predicate for admission of a recorded recollection.
What is. . .
(1) that the witness once had personal knowledge;
(2) that the witness now has insufficient recollection to enable the witness to testify fully and accurately; and
(3) that the witness made or adopted the recorded recollection when the matter was fresh in the witness's memory and to reflect the witness's knowledge correctly.
(Rule 803(5))
This is a potential objections to the admissibility of a recorded recollection.
(1) Witness never had personal knowledge.
(2) Witness now has sufficient knowledge to testify.
(3) Recorded recollection not made or adopted when witness's memory sufficiently fresh.
(4) Recorded recollection not accurate.
Rule 803(5)
This objection to a question applies when interrogation is not being used as an effective ascertainment of truth.
What is "ambiguous" under TxRE 611(a)(1)?
You could invoke this rule if your opponent relied on part of a larger document, taken out of context.
What is the "rule of optional completeness"? (TxRE 106)
A party whose evidence is excluded can preserve error by doing this.
What is "making an offer of proof"? Tex. R. Evid. 103(a)(2), (b)
This is what the proponent of a public record or report must establish to avoid a hearsay objection.
(1) The records, reports, statements, or data compilations are of a public office or agency.
(2) The records set forth: (i) the activities of the office or agency; or (ii) matters observed pursuant to duty imposed by law as to which matters there was a duty to report; or (iii) factual findings resulting from an investigation made pursuant to authority granted by law.
These are potential objections to the admission of a public record or report.
(1) The records are not of a public office or agency.
(2) The records set forth something other than the activities of the office or agency, matters observed pursuant to duty imposed by law as to which matters there was a duty to report, or factual findings resulting from an investigation made pursuant to authority granted by law.
(3) The sources of information or other circumstances indicate lack of trustworthiness.
This objection to a question shields witnesses from harassment.
What is "argumentative" under TxRE 611(a)(3)?
OR
What is "harassment" under rule 611(a)(3)?
You might make this kind of objection if opposing counsel repeatedly refers improper evidence, you want to preserve the issue for appeal, and you're worried about annoying the jury with your interruptions.
What is "running objection"?
OR
What is "standing objection"?
Experts are allowed to rely on this, but not lay witnesses.
What is hearsay?
(Rule 703)
In addition to relevance, this is what the proffering party must establish for a lay witness's opinion testimony to be admissible.
What is the requirement that the lay witness' opinion must be rationally based on the witness's perception? (aka personal knowledge under Rule 602)
These are objections specific to documents
(1) Authentication, lack of: Tex. R. Evid. 901(a);
(2) Document contains inadmissible opinion: Tex. R. Evid. 701 (lay opinion); Tex. R. Evid. 702 to 704 (expert opinion);
(3) Document contains speculation: Tex. R. Evid. 602 (personal knowledge requirement);
(4) Document speaks for itself: Tex. R. Evid. 1002, 1003 (use of original or duplicate to prove contents);
(5) Hearsay: (if predicate not laid) Tex. R. Evid. 801, 802;
(6) Hearsay within hearsay: (if records contain statements of third parties) Tex. R. Evid. 805.
This objection (to a question) is made to avoid nedless presentation of cumulative evidence.
What is "asked and answered"? See TxRE 403 (cumulative evidence), TxRE 611(a)(2) (needless consumption of time).
OR
What is "repetitious"? (same rules)
This is the type of evidence you would expect to introduce during a hearing on a motion in limine.
What is NONE? These are for making legal arguments only.
This is the type of hearing a court might schedule to hear your arguments as to why the opposing party's expert should not be allowed to testify.
What is a Daubert hearing?
These are the 3 steps to establishing the predicate for absence of entry in business records.
1. The records qualify as records of a regularly conducted activity under Tex. R. Evid. 803(6).
2. The matter was of a kind of which a record was regularly made and preserved.
3. The matter was not included in the record.
These are potential objections re absence of an entry in business records.
(1) The records are not records of a regularly conducted activity under Tex. R. Evid. 803(6).
(2) The matter is not of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved.
This kind of question can only be asked during cross examination, unless the witness is "hostile."
What is a "leading" question? TxRE 611(c)
You win a motion in limine to exclude evidence. Opposing counsel introduces it anyway. This is what happens if you do not object.
What is "the jury will consider the evidence, and the error will be considered waived"?
This is the three-prong test for admitting expert testimony.
What is. . .
1. Does the witness qualify as an expert?
2. Is the subject matter of the testimony a proper subject for expert testimony?
3. Will it assist the trier of fact (i.e. relevant + reliable)?
These are the 3 steps to laying the predicate for the business records exception
1. Qualify the witness.
2. Authenticate the exhibit.
3. Offer the exhibit.
Rule 803(6)
These are potential objections to the admission of business records.
* failure to establish elements required by Tex. R. Evid. 803(6)).
* hearsay within hearsay. Tex. R. Evid. 801, 802
* not made by employee with knowledge in the regular course of the company's business (e.g., where records contain notes or reports by third parties).
* something indicates lack of trustworthiness. Tex. R. Evid. 803(6).
(5) The "business" whose records are offered is not a "regular organized activity" as required by Tex. R. Evid. 803(6).
If the offered business records are accompanied by an affidavit rather than authenticated by testimony, consider the following objections:
(1) The records and affidavit were not served at least 14 days prior to trial, and no good cause exists for that failure. Tex. R. Evid. 902(10).
(2) The affidavit contains additional testimony beyond that required by Rule 902(10)(b).
Rule 803(6)
You could make this objection when opposing counsel's questions or the witness's answers seem to be going down a rabbit hole.
What is "revance"?
OR
What is "question calls for a narrative"?
OR
What is "nonresponsive"?
These are potential objections to demonstrative evidence.
Cumulative: Tex. R. Evid. 403;
Dissimilarity of conditions: Tex. R. Evid. 401, 402 (relevance);
Irrelevant: Tex. R. Evid. 401, 402;
Lack of a proper foundation: (varies with exhibit);
Misleading: Tex. R. Evid. 403;
Prejudicial effect outweighs its probative value: Tex. R. Evid. 403
Needless consumption of time: Tex. R. Evid. 611(a)(2).