Hearsay
What does rule 803.3 do?
Says statements of a declarant's then-existing state of mind or emotional, sensory, or physical condition are an exception to hearsay.
What can lay witnesses testify to?
Their 5 senses; rationally based on their perception
Filteau v. Wanek (1992)
The application of various rules of evidence sometimes turns on who made a particular statement. As long as the proponent of the statement produces evidence that would permit a reasonable jury to find, by a preponderance of the evidence, that a given person made a particular statement, the court must assume for purposes of assessing its admissibility that the statement was made by that person.
What does it mean for evidence to be more prejudicial than probative?
The prejudicial effect of the evidence substantially outweighs the probative value.
Your witness is being cross examined. The crossing attorney is being extremely agressive and argumentative. You stand up and say "objection, argumentative." The judge asks you to cite a rule number, what do you point to.
611.1.3 -- Says that the court should exercise control over mode and order of examining witnesses so as to: protect witnesses from harassment or undue embarrassment.
Plaintiff brings a statement made by Taylor Hopson on to the record. Defense objects to hearsay. How should the plaintiff respond?
Statements are not hearsay pursuant to rule 801.d.2.a (party opponent statements are hearsay exempt)
What are the prongs of rule 702?
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(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 has reliably applied the principles and methods to the facts of the case.
Pathan v. White (2024)
Depositions are distinct from affidavits. Whereas witnesses are required to include all relevant and pertinent information in an affidavit, the only obligation a witness has during a deposition (other than telling the truth) is to answer the questions posed to the witness. If a deposing attorney fails to ask a relevant question during the deposition, it is not the witness’s obligation to provide that information.
True or False -- The only objection you can make under rule 602 is "speculation"
False -- 602 requires a need for personal knowledge and covers speculation, lack of foundation, and lack of personal knowledge objections.
Opposing counsel is redirecting the witness you crossed. They are asking leading questions. Under what rule are leading questions not allowed?
611.c -- They can only be used on cross and for hostile witnesses. They cannot be used on direct.
Name two hearsay exceptions and their rule numbers. (NOT 803.3)
---
Dr. Edmund testifies that Avery Bancroft had a heart condition. This is not a conclusion contained in his report. How should defense counsel object?
Kane Software Co. v. Mars Investigations (1998)
Jeffries v. Polk County Police Department (2007)
Generally, law enforcement officers are not “experts” subject to MRE 702 or this Court’s holding in Tarot Readers Association of Midlands v. Merrell Dow (1994) and its progeny. However, law enforcement officers may have specialized training, skills, and experience beyond the average citizen as contemplated in MRE 701 and may testify based on such specialized knowledge.
What is the test for relevant evidence? (+ what rule?)
Must make a fact of consequence more or less probable; 401
Opposing counsel just impeached your witness. But they didn't ask any warning questions. What rule requires them to?
613.b -- Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it
What is rule 805
Hearsay within hearsay
True or False -- an expert always has to disclose the underlying facts/data of their opinion before testifying to it.
False -- Rule 705 says expects can testify to an onion without disclosing underlying facts/data; BUT they can be crossed on them.
Petrillo v. Martini and Peony Estates (2021)
Labels that are placed on commercially sold products for purposes of identifying the product and / or the contents thereof should not be excluded as hearsay. While Midlands has no general residual hearsay exception, commercial labels are relied upon by the public and are subject to legal requirements to ensure their accuracy and completeness. Thus, the reliability concerns that underlie the hearsay rule are not present with labels that are placed on commercially sold products.
When is character evidence inadmissible?
Character Evidence is inadmissible to prove that a person acted in accordance with a character or a trait
Your NONDEPO witness is being impeached. You don't see a clear contradiction between their affidavit and their testimony. What rule do you object under?
802
What rule number says that statements contained in "ancient documents" are not hearsay? (+ what makes it an ancient document?)
803.16; 20+ years old
What does Omnidirectional Solutions v. Little Bird Word LLC (2023) establish?
It was never the intention of this Court for its holding in Tarot Readers Association of Midlands v. Merrell Dow (1994) and its progeny to create a rigid and unyielding standard for expert opinions. So long as the expert can sufficiently explain their expertise, training, and method for review, Tarot Readers Assoc. shall not be used by trial courts to prohibit otherwise credible and admissible opinions.
Graham v. Duckworth (2024)
The Court’s finding in Shakur v. Wallace (1994) should be narrowly construed. It specifically bars asking a testifying witness whether another witness is telling the truth or lying. It does not prevent related inquiries, such as asking whether another witness’s testimony is inconsistent with the testifying witness’s testimony or asking the testifying witness whether they are aware or unaware of any reason why another witness is telling the truth and / or lying. Moreover, nothing here bars an attorney asking a testifying witness whether they themselves lied or are lying
---
An opposing witness testifies that she is a "good Christian woman," so she would never lie or kill someone." Under what rule is this inadmissible?
610 -- Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.