Can I Have Your Number?
Rule 106
What case stands for the proposition that Rule 703 does not permit experts to testify or present a chart in a manner that simply summarizes inadmissible hearsay without first relating the hearsay to some specialized knowledge on the expert's part. The court must distinguish experts relying on otherwise inadmissible hearsay to form scientific conclusions from experts who merely repeat what they are told.
Richards v. Mississippi BBQ.
What does Rule 611(b) provide?
Scope of Examinations-The initial cross examination is not limited to matters discussed on direct examinatin. Re-direct and Re-cross examination are permitted. But any re-direct or re-cross examination may not go beyond the subject matter of the examination immediately preceding it and matters affecting the witness's credibility.
The witness is testifying about something that does not have anything to do with the cause of action. State your objection. OR
Your witness is testifying and the other side objections to the testimony not having anything to do with the issue in the case. State your response.
Objection, your honor, this testimony is not relevant.
Your honor, the bar for relevance is very low. Pursuant to Rule 401, evidence is relevant if it has any tendency to make a fact more or less probable...
This rules lets you offer an opinion without expertise (a lay opinion).
Rule 701
Rule 201
Judicial Notice. A court may judicially notice a fact that is not subject to reasonable dispute because it:
1) is generally known within the trial court's territorial jurisdiction, or
2) can be accurately or readily determined from sources whose accuracy cannot reasonable be questioned.
Court may take judicial notice at any stage of the proceedings.
What is the proper objection if opposing counsel seeks to elicit such testimony or the witness spontaneously provides it?
Skakur v. Wallace (1994)
Objection: Relevance...such opinions are not relevant.
Note: This case prevents a witness from testifying that another witness is telling the truth or lying. but it doesn't prevent a witness from testifying that the witness's testimony is inconsistent this witness's testimony.
What case stands for the proposition that labels placed on commercial products for purposes of identifying the product and contents thereof should not be excluded as hearsay?
On direct examination, the Attorney is asking a question that suggests the desired response. What is the proper objection? And what rule is implicated?
Objection, your honor. Counsel is leading the witness. Rule 611(c)
This rule allows hearsay regardless of whether the declarant is available as a witness. Cite as many specific exceptions as you can.
Rule 803
1) Present Sense Impression.
2) Excited Utterance.
3) Then-existing mental, emotional or physical condition.
4) Statement Made for Medical Diagnosis or Treatment.
5) Recorded Recollection.
6) Records of a Regularly Conducted Business Activity/7) Absence of a Record of Regularly Conducted Activity.
8) Public Records / 9) Public Records of Vital Statistics 10) Absence of Public Record.
16) Statements in Ancient Documents (at least 20 years only).
Rule 607
Any party, including the party that called the witness, may attack the witness's credibility.
What legal proposition does Kane Software Co. vs. Mars Investigations stand for?
Midlands does not permit parties to use experts as weapons in a trial by ambush or unfair surprise. Expert reports that are exchanged prior to trial must contain a complete statement of all opinion the expert will testify to and the basis and reasons for them, the facts or data considered by the expert in forming their opinions, and the expert's qualifications. Experts are strictly prohibited from testifying on direct or redirect about any opinions not stated in their report. However, cross may freely answer questions so long as answer is responsive.
In this civil case, can an attorney argue for an adverse inference from a person's decision not to testify or refusal to do so? Can an attorney comment on a defendant's failure to testify? (Or is the testimony protected by the 5th amendment?)
Cite the case that addresses these issues
McDonald v. Tiamiyu (2015)
You want to object because the lay witness does not have personal knowledge about the subject matter they are testifying out. State your objection and the basis for it.
Objection your honor, the witness has no personal knowledge upon which to base their answer...or Objection, your honor, speculation. Rule 602 requires that the witness have personal knowledge of the matter in order to testify.
What rule provides that evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait?
Rule 404(a)(1).
Rule 403
Evidence is inadmissible if it is substantially more prejudicial or misleading than it is probative.
Court may exclude evidence if its probative value is substantially outweighed by a danger or one or more of the following:
1) Unfair prejudice
2) Confusing the issues
3) Misleading the jury
4) Undue delay
5) Wasting time
6) Needlessly presenting cumulative evidence.
The proposition does the case Ginger v. Heisman stand for?
Emails or text messages are authenticated when the proponent produces evidence that would allow a reasonable jury to determine the author of the message. Emails/text messages/electronic communications listed as coming from an address or number known to belong to a particular person is sufficient foundation that the communication was sent by that person.
What needs to happen to allow the expert to testify in this instance?
Nelson v. Dunn (2001)
PRIOR to trial, the court should determine whether the affidavit or statement:
1) Contains a complete statement of all opinions the expert will testify to,
2) The basis and reasons for the opinions,
3) The facts and data considered in forming the opinions, and
4) The experts qualifications.
If the affidavit meets these requirements the witness can testify as an expert.
You are cross examining a witness and the witness will not directly answer your question and/or they won't shut up and insist on giving you extraneous information. What do you do?
-Ask question again.
-Ask question and request a yes or a no answer.
-Get help from the Judge...Objection your honor, the witness is being non-responsive. Please instruct the witness to answer the question being asked with a yes/no.
What rule governs the admissibility of statements when the declarant is unavailable?
Bonus points for describing what makes a witness unavailable, and what hearsay is allowed under this exception.
Rule 804.
804(a)-A witness is NOT available if:
1) exempted from testifying due to privilege.
2) refuses to testify
3) testifies to not remembering
4) cannot be present or testify because of death or then-existing infirmity, physical illness, or mental illness.
5) is absent and the statement's proponent has not been able by process or reasonable means to procure declarant's attendance...
Then exceptions:
1) Former Testimony (that was given as a witness at trial, hearing or lawful deposition and is now offered against a party who had an opportunity and similar motive to develop the testimony)
2) Statement Under Belief of Imminent Death
3) Statement Against Interest
4) Statement of Personal or Family History
5) Statement Offered Against a Party that Wrongfully Caused the Declarant's Unavailability.
Rule 612. Bonus points if you tell us how to accomplish the purpose of the rule.
A witness may use any material provided by AMPTA to refresh memory either during or prior to giving testimony.
According to Caltry v. Bridgeman what are three ways to establish the defendant is a "culpable actor" in a Slayer Statute proceeding.
Daily double: define the terms used in each option.
1) Defendant "knowingly" caused the death of decedent.
2) Defendant "purposefully" caused the death of decedent.
3) Defendant "facilitated" the death of decedent.
Knowingly = do something they are practically certain will cause an outcome.
Purposefully = do something with the expectation that their action will cause a certain result.
Facilitated = knowingly or purposefully aids, abets, commands, counsels, encourages, hires, induces, procures, or solicits another person to knowingly or purposefully kill the decedent.
Can a private investigator or firefighter be qualified as an expert in Midlands? Can they testify and provide expert opinions?
Bonus points: Cite the case that supports your answer.
Licensed PI's and Firefighters are not "experts" subject to MRE 702. However, they possess specialized training, skill and experience beyond an average citizen and can testify based on such specialized knowledge. They can provide an opinion based on their general training, skill and experience.
Moore v. Parker-Noblitt (2009).
During the trial, opposing counsel wants to introduce a part of a deposition into evidence. Counsel begins to read a question that was asked, and then only part of the answer.
State your objection.
Opposing counsel gets flustered and the attempts to just offer the whole deposition into evidence. Do you object? What is your objection?
Objection. Pursuant to Midlands Television Studios v. Kosack, when reading an excerpt of a deposition, the excerpt must include the full question and the full answer given.
Objection. Pursuant to Midlands Television Studios v. Kosack, if a party elects to read excerpts from a deposition into the record, the party can NOT submit the deposition itself into evidence.
What rule governs how can either side prove a person's character?
Rule 405
405(a)-By reputation or opinion. i.e. Testimony about the person's reputation or by testimony in the form of an opinion.
405(b)By specific instances of conduct--when the person's character or character trait is an essential element of a charge, claim or defense evidence of a specific instance of conduct is admissible.