Procedural Matters

Motions

100

The first step when making a motion to strike.

What is object as non-responsive?

200

A motion when a witness gives an answer that is not responsive to the question.

What is motion to strike?

300

Before trial: To exclude evidence or to teach to the judge why evidence should be admitted

What is motions in limine?

400

During Trial: Make motions to exclude outside the presence of jury as needed

What is Motions to Exclude?

500

This motion is a preemptive "offer of proof"

What is Motions in Limine?

California Evidence Code

100

Evidence may be admitted for a limited purpose, and judge upon request must instruct the jury of this limitation.

What is CEC 355?

200

Erroneous Admission of Evidence

What is CEC 353?

300

Witness gives an answer that sets out improper evidence.

What is CEC 353(a)?

400

Erroneous Exclusion of Evidence

What is CEC 354(a)?

500

Procedure when existence of a preliminary fact is disputed

What is CEC 402?

LOS 402 LMOR

100

If an objection is sustained, the questioning party must ask the judge, outside the presence of the jury, to show why the evidence is admissible

What is Offer of Proof?

200

Lawyer continues to violate the rules of evidence after objections are sustained

What is Citation of Misconduct?

300

Procedure when evidence is admissible as only to one party or one purpose.

What is Limited Admissibility? 

400

During direct and cross examination, these must be timely, specific and on the record.

What are Objections?

500

The expanded meaning of LOS 402 LMOR.

Motions in Limine
Objections
Motions to Strike
CEC 402
Limited Admissibility
Citation of Misconduct
Offer of Proof
Make a Record

Make a Record

100

Objections during direct and cross-examination must be (1) timely, (2) specific and (3)

What is make a record?

200

The objecting lawyer must put all evidence and arguments on the record or else this is waived.

What are appellate rights?

300

When a witness gives an answer that is not responsive to the question and sets out improper evidence, the lawyer seeking to preclude the answer must (1) object as nonresponsive, (2)...

Move to strike the answer from the record/ Ask the jury to admonish the jury to disregard

400

Ask for a CEC 402 hearing before or during trial to (1) show existence of a disputed preliminary fact and (2)

What is to make a stronger record with the witness testifying concerning the preliminary fact?

500

The Trial Lawyer Chant.

What is Make a record  - Make a record - Make a record?