Hearsay
The definition of hearsay.
What is "an out of court statement being used for the truth of the matter asserted"?
Eden Yamal: "I asked Landon if he was drunk, and he said no. So, I got in the car."
Effect on the Listener
Eden Yamal: "Landon was swaying and slurring his words. He seemed drunk."
OBJECTION: Speculation.
RESPONSE: This is a rationally based perception. The witness has laid the foundation for how they could tell that Landon Norris was drunk.
This objection is made when an opposing attorney asks a question that could be answered with a simple yes or no during direct examination.
What is leading?
Eden Yamal: "Landon Norris was angry when I stopped texting them after the crash."
What is speculation?
What rule number is Hearsay within Hearsay?
What is Rule 805?
Morgan Jacobs: "When I was in a business meeting, the CEO of MG&E told me that he was creating a new hiring policy to save money!"
Statement of Party Opponent.
801(d)(2)(d) - statement of agent/employee.
Crossing attorney: "You knew that MG&E's CEO was removing crucial training requirements for their field technicians?"
OBJECTION: Lack of Personal Knowledge!
RESPONSE: Your honor, this is cross examination. If the witness doesn't know the answer, they can say that.
Attorney: "Mr. Norris, you got into your car drunk, drove down a dangerous street, and crashed into a pole, correct?"
What is compound question?
Parker Rose: “I saw Landon's car crashed into the pole! He was probably driving too fast."
What is lack of foundation?
When can an expert bring in otherwise inadmissible hearsay?
What is "when the hearsay was used in forming their expert opinion"?
Landon Norris: "Aggie Stackhouse told me he planned to ruin my life."
803(3) - Then-Existing Mental, Emotional, or Physical Condition.
Defense Crossing attorney: "You think that Aggie Stackhouse likes to kick puppies, right?"
OBJECTION: Relevance / More Prejudicial Than Probably
RESPONSE: Your honor, this goes to bias. Bias is always relevant.
Witness provides an answer on direct that goes far beyond the bounds of the question they were asked.
What is a narrative response?
Nat Prescott: "Because MG&E did not follow the industry standards, they are negligent and liable for the Dip Fire deaths."
What is Rule 704. Opinion on an Ultimate Issue?
What is it called when an expert is trying to bring in hearsay that isn't going towards their expert opinion under 703?
What is "a conduit for hearsay"?
Eden Yamal: "Right as Landon crashed the car into the pole, he yelled 'I hit the pole so hard!!'"
801(1) - Present Sense Impression.
Morgan Jacob: "The manual had instructions for emergencies, but common practice in the company was to ignore those."
OBJECTION: Lack of Personal Knowledge
RESPONSE: Morgan Jacob has been an employee at MG&E for years and therefore would know what common practice in the company would be.
Attorney: “You saw the defendant hit her, didn’t you?”
What is a leading question?
Dr. Shrub: "The electrical wiring in the pole likely failed because it could not withstand the extreme heat that these specific plants would have produced when burning."
What is improper expert opinion?
List the three then-existing states of mind under 803(3) Then-Existing Mental, Emotional, or Physical Condition.
What is motive, intent, or plan?
Opposing Counsel objects to you entering Exhibit 5, the inspection reports.
801(6) - Records of a Regularly Conducted Activity.
(Check out the declaration of Otto Haaland.)
Charlie Weaver: "I saw Landon crash into a pole and the pole started leaning."
OBJECTION: Best Evidence! We have Charlie Weaver's notes from his investigation in the case packet. If opposing counsel wants to enter facts from that exhibit, they should enter it.
RESPONSE: Your honor, while Charlie Weaver did write down his observations in a report, this is not Best Evidence. In this case, Officer Weaver's recollection of events is the best evidence.
Attorney: “Why would an honest person do that?”
What is argumentative (badgering the witness)?
The prongs that an expert witness must fulfill to make their expert conclusion under Rule 702.
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.