Evidentiary Procedure
This process, beginning with approaching opposing council, the witness, identifying the document, verifying the witnesses familiarity, its authenticity, its fairness and accuracy, is required for doing this action.
What is entering evidence?
“an out of court statement used for the truth of the matter asserted” is most commonly objected to at trial, using both it’s name and rule number
What is Hearsay, Rule 801?
When speaking to a judge, attorneys should always do this
What is stand?
While testimony of a lay person is controlled by MRE 701, expert testimony is bound to this rule of evidence
What is MRE 702?
This document, while not commonly used, consists of numerous past court decisions that carry weight in Midlands and create a binding precedent that can be referred to during trial
What is Midlands Available Case Law?
You must establish this before the witness may testify to the contents of the document being entered.
what is sufficient foundation?
Statements made by the defendant, in a criminal case, can only be offered by the Prosecution under this exemption
What is MRE 801(d)2(a) Party Opponent?
A common phrase used by attorneys before beginning opening statements, directs, crosses, and closing statements
What is "May I proceed/May it please the court?"
Under 702 Experts must meet this number of prongs to be able to testify as an expert
What is four?
This case law, dealing with the rule of hearsay defines that even a witnesses own statements made out of court are hearsay in the state of midlands
What is "America's Best Cookie v. International House of Waffles"?
When entering exhibits into evidence, the party must say that rather than moving to enter the evidence they are actually doing this
What is "OFFERING the exhibit into evidence"?
Statements made from a witness who is not available for trial can still be entered into evidence under this narrowly defined exception
What is MRE 804 Witness is Unavailable?
During objection battles, it is important for attorneys to address this person and this person only
what is the judge?
The number of exceptions to hearsay is this many
what is, specialized knowledge to hel
In assessing reliability under Rule 702(C), under Midlands Available Case Law Tarot Readers Association of Midlands v Merrell Dow judges must make such assessments based on this standard
What is the totality of the circumstances?
When using a demonstrative (i.e. BIGMAP) attorney must make sure to ask the judge to do this after entering the evidence
What is "publish a demonstrative of the exhibit for the jury"?
DAILY DOUBLE
The number of exceptions to hearsay is this many
When dealing with a difficult opposing witness on cross examination, attorneys should take care to NEVER do this
What is interrupt the witness?
While experts are allowed to use statements made outside of court in their testimony, they are not allowed to be used as a conduit to enter the otherwise inadmissible hearsay under this specific ruling
What is the case law Richards v. Mississippi BBQ?
During this trial, mentions of damages, sentencing, and punishment are both improper and potentially grounds for a mistrial
What is "State v. Johnson"?
For the purposes of trial procedure, this document is to be treated as an affidavit and cannot be entered into evidence, but can be read onto the record.
What is the deposition of Jordan Ryder?
When documents do not meet the elements of MRE 803(8)A (Public Records) exception to hearsay then cannot be brought in under this exception as a "back door"
What is Regularly Conducted Activity, MRE 803(6)?
When using a demonstrative (i.e. BIGMAP) for the purposes of the record the attorneys must do this
What is state what the witness places on the map?
These are the four prongs of 702
What is 1 -specialized knowledge to help the trier of fact, 2 - sufficient facts/data, 3 - based on reliable principles or methods, 4- applied these methods reliably to the facts of the case?
DAILY DOUBLE
While case law can be binding on trial judges, this document still remains supreme and should be weighted more in ruling