Relevancy & Character
Attorney: “Isn’t it true the defendant failed 10th grade?”
Relevance (Rule 201)
Witness: “My friend told me the defendant confessed.”
Hearsay (Rule 401) — No exception applies.
Attorney: “Isn’t it true you’re lying right now?”
Argumentative (Rule 310)
Witness: “I saw the store manager’s written report from that day.”
Hearsay (Rule 401); Exception — Business Records (Rule 404)
Attorney: “The victim used to argue with neighbors all the time, right?”
Character Evidence (Rule 202) — Not admissible unless character is directly in issue.
Attorney: “Wouldn’t you say the plaintiff is just a rude person?”
Character Evidence (Rule 202)
Witness: “I read in a police report that the suspect was arrested last week.”
Hearsay (Rule 401) — Business Record exception under Rule 404 if proper foundation is shown.
Attorney: “You saw and heard the explosion, correct?”
Compound (Rule 311)
Witness: “He shouted, ‘The building’s on fire!’ as he ran.”
Hearsay (Rule 401); Exception — Present Sense Impression (Rule 405)
Attorney: “Didn’t the witness once fail out of college?”
Relevance (Rule 201) — This fact doesn’t relate to the issue at hand.
Attorney: “You heard the defendant cheated on his taxes five years ago, correct?”
Other Crimes/Wrongs/Acts (Rule 203)
“The nurse said the victim looked angry that night.”
Hearsay (Rule 401) - The state-of-mind exception. If the purpose is to show the victim’s mental or emotional state, it may be admissible.
Attorney: What time did you arrive at the scene?
Witness: Around 9:30 p.m.
Attorney: And you’re sure it was 9:30 p.m.?
Witness: Yes, I checked my watch.
Attorney: So, just to be clear, it was 9:30 when you got there?
Asked and Answered (Rule 312)
Witness: “A textbook I read said all car crashes like this are preventable.”
Hearsay (Rule 401); Exception — Learned Treatise (Rule 406)
Attorney: “You heard that the defendant was arrested last year, correct?”
Other Crimes, Wrongs, or Acts (Rule 203) — Prior bad acts are inadmissible to show bad character.
Witness Testimony: “The defendant is a liar. He’s always been a dishonest person.”
Character (Rule 202)
“He told me, ‘I’m going to rob that store tonight.’”
Hearsay (Rule 401) - State of Mind Exception (Rule 403) — it shows intent, not the truth of the robbery itself.
Attorney: “Do you think your friend meant to start the fire?”
Speculation (Rule 313)
Witness: “My brother told me before he died that he caused the accident.”
Hearsay (Rule 401); Exception — Unavailable Declarant (Rule 407)
Attorney: “Do you think the defendant’s actions were ethical?”
Opinion of a non-excerpt
Attorney: “Isn’t it true your neighbor once punched someone at a bar?”
Relevance (Rule 201)
“The defendant said, ‘I missed the stop sign.’”
This is Hearsay (Rule 401) - but falls squarely under the Admission of a Party Opponent (Rule 402) exception.
Witness: “Well, then I went home, took a shower, watched TV, and—”
Narration (Rule 301)
Witness: “The store clerk told me right after the crash, ‘That driver ran the red light!’”
Hearsay (Rule 401); Exception — Present Sense Impression (Rule 405)
Attorney: “The defendant’s boss said he’s a terrible employee.”
There are two objections here
Hearsay (Rule 401) — and Character Evidence (Rule 202) — double objection.