This rule states that objections not challenged at trial cannot be raised on a motion for a new trial or on appeal.
100
When is it appropriate to make a "Motion to Strike"?
If a witness gives an answer that is not responsive to the question and sets out improper evidence.
100
Why do we have preliminary fact hearings?
To show witnesses lack knowledge or to determine whether certain evidence will be admissible
100
If an attorney violated an evidentiary rule made concerning a motion in limine, what can you do?
Ask the court for a citation of misconduct
200
What is limited admissibility?
Evidence may be admitted for a limited purpose only.
200
What are the three requirements for Objections?
What are:
1. Timely
2. Specific
3. On the record
200
What are the three steps to 'move to strike'?
Three steps:
1. Object, as 'nonresponsive'
2. Move to strike answer from the record
3. Ask that the judge admonish the jury to disregard
200
What are examples of preliminary facts?
a. Competence of a witness
b. Whether opinion is junk science and thus inadmissible
c. Whether document not admissible
200
How do you ask for a citation of misconduct?
Your, honor, I request that Mr. Jones be cited for misconduct for his continuing violations of law in this case. Must be outside of presence of jury.
300
Demonstrate the Trial Lawyer Chant
"Make a record, make a record, make a record"
300
When would you make a "cumulative" objection?
When two witnesses are testifying about the exact same matter. Undue consumption of time!
300
While cross-examining the plaintiff for our case, Patrick, how and when would you have made a motion to strike?
Almost all of his answers were evasive, and non-responsive. You can make a motion to strike as non responsive, and ask the judge to instruct the witness to answer yes or no only.
300
Where is a preliminary fact hearing held?
Outside the presence of the jury
300
If an objection is sustained, what can the questioning party party do?
Ask the judge for an offer of proof
400
What is waiving of appellate right?
If all objections are not made on the record, all appeal rights regarding the objection are waived.
400
What are four things you must consider before making an objection?
You must:
1. Determine if question is objectionable
2. Formulate an objection
3. Evaluate if the objection is worth making
4. Make specific objections on the record
400
When opposing counsel asks a witness a question that is clearly improper, a motion to strike such answer can only be offered if what occurs?
A timely and specific objection to the question was made before the answer was given.
Rational: A party may not wait until the answer proves unfavorable
400
How do you ask the judge for a preliminary fact hearing?
"Your honor, plaintiffs request a CEC 402 hearing to examine the witness outside the presence of the jury to show that the witness is… "
400
What happens if Evidence is erroneously Excluded and no Offer of Proof is made?
a. Evidence Code 354- If admissible evidence is erroneously excluded…propounding party must make appropriate record
b. If no record, no appellate review on the subject
500
Opposing counsel is trying to introduce evidence of subsequent remedial measures on a negligence case, to show ownership.
What is: the proper format to request limited admissibility on that piece of evidence?
"Your Honor, would you instruct the jury about this limited admissibility?"
500
Give 5 different examples of objections and their meaning
In what three situations is a motion to strike an available remedy?
1) A witness answers a question BEFORE counsel could object
2) Witness answers after counsel objected & before the court could rule
3) The witness gives nonresponsive answers to an otherwise unobjectionable question
500
What is "Proffered Evidence" CEC§401
When the admissibility of particular evidence depends upon the existence of a disputed factual issue (preliminary fact) a 402 hearing is held to determine the preliminary fact.
What do we call the evidence whose admissibility depends upon the existence of of a preliminary fact?
500
How does an attorney make an offer of proof?
a. Judge: sustains the objection
b. Proffering attorney: your honor, may we approach the bench so defendant can make an offer of proof
c. Judge: approach
d. Proffering attorney: make an offer of proof on the record but outside the presence of the jury to show why the area of evidence is admissible.