PM Overview
What is a Motion in Limine?
Before trial, use a MIL to exclude evidence or teach the judge why evidence should be admitted (See page 10 of Evidence Wheels)
Objections must be timely, specific and on the record (Page 10 Evidence Wheel)
P on direct and states he has "never, ever, ever stolen anything." D wants to use hearsay statement to show D has stolen something. If any, what limiting instruction should be given?
What is CEC 353?
What is a citation of misconduct?
If a lawyer continues to violate the rules of evidence after objections are sustained. Opposing lawyer may ask for a citation outside the presence of the jury (See page 10 of evidence wheel)
What should the opposing attorney do while listening to testimony?
(1) Determine if the Q is objectionable, (2) formulate an objection, (3) evaluate the objection worth making, and (4) make a specific objection on the record
MIL should be made to preclude the testimony
What is CEC 355?
Allows in evidence, for a limited purpose, and the judge must instruct the jury of this limitation. (See page 10 of Evidence Wheel)
What are the six ways that attorneys can keep evidence out?
MIL, Objections, MTS, 402, limiting instructions, citation of misconduct (See page 11 of Evidence Wheel)
Can an attorney object to their own witness on direct?
Yes, if you want to impeach for an inconsistent statement.
P's car explodes in a car crash accident. P witness states that her friend said "the car seemed to be smoking before the crash occurred." How should you exclude this evidence?
Make an objection to hearsay under CEC 1200
What rules would you cite if grounds for a mistrial due to attorney misconduct?
CEC 703 (bench trial) or 704 (juror trial)
P attorney objects to D attorney's question on direct examination. The judge sustains the objection. What may the D attorney do to show the evidence is admissible?
Make an offer of proof (CEC 354; Page 10 of Evidence Wheel)
What happens if you do not raise an objection and you want to appeal?
You lose your right to appeal because of the failure to make a record!
P's car explodes in a car crash accident. While trying to escape his car during the fire, P crawls out and tells a bystander "I am about to die, I knew something was wrong with my car but the dealer always said there was nothing was wrong." P is then in a coma during trial and unavailable to testify. What should D attorney do?
What is the rule for a preliminary fact hearing and what is its purpose?
CEC 402; to exclude testimony outside of the presence of the jury before the trial
Make a record to preserve the right to appeal the issue (See page 10 Evidence Wheels)
During trial, D attorney wants to read into evidence D witness' deposition. P attorney did not object during deposition to the leading questions. May the P attorney object in trial?
No, objections are waived if they are not made in the deposition.
P's car explodes in a car crash accident. P's attorney asks D whether he realized he ran a stop sign. D states "I have never been caught for speeding or traffic violations." P attorney asks the question again and receives the same response. What should P attorney do?
Object as non-responsive and move to strike the testimony.
What rule do you use to exclude evidence if its prejudicial value severely outweighs its probative value?
CEC 352