When, What, Who
When a relevancy objection should be used.
What is never?
This objection is made when opposing counsel is harassing your witness on cross examination.
What is badgering/argumentative?
_____'s statements are always admissible.
Who is the defendant/Charlie Martin/opposing party?
803(2): A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
What is excited utterance?
What is hearsay?
This attorney can object during direct examination.
Who is the crossing attorney?
Unlike cross examination, these types of questions are not allowed during direct examination.
What are leading questions?
MRE 702 allows a person to be qualified as an _____ based on specialized knowledge, experience, or training.
What is expert?
803(3): A statement of the _____'s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the _____'s will.
Who is the declarant?
"Dr. Hartley, why didn't the rescue divers get in the water sooner?"
What is need for personal knowledge (602)?
It is best to reference this resource/material when making or defending objections.
What is Midlands Rules of Evidence?
This objection is often made when the opposing attorney has failed to properly lay foundation before admitting an exhibit into evidence.
What is lack of foundation?
State v. Nakajima (1986): Under MRE Rule 404, general evidence of a defendant’s good character or law-abiding nature is not admissible. However, under Rule 404(a)(1), a criminal defendant may offer certain evidence of a “_____” character trait that directly relates to an element/facet of the crime charged.
What is pertinent?
803(8): Public Records. A record or statement of a ____ ____.
What is public office?
"Mr. Reynolds, you were convicted ten years ago for perjury!"
What is more prejudicial than probative?
If you are unsure how to respond to an objection, it is always best to do this.
What is confer with co-counsel?
This objection should be made when a witness is assuming something or making a guess as to something they don't have knowledge of.
What is need for personal knowledge (speculation)?
When a witness (except Martin) testifies to something that is not in their witness statement, opposing counsel should object to lack of ____ ____.
What is personal knowledge?
803(9): Public Records of ____ _____. A record of a birth, death, or marriage, if reported to a public office in accordance with a legal duty.
What are vital statistics?
"I'm a good Christian. It would be against my religion to kill Rob!"
What is NOT ADMISSIBLE? What is religious beliefs or opinions (610)?