Rules Of Evidence Cheat Sheet

Eyewitness testimony that the defendant shot the victim is direct evidence of the defendants assault.

Rules of evidence cheat sheet. OBJECTION RULE EXPLANATION Irrelevant evidence 401 - 402 Testimony is irrelevant to the facts of the case. Documentary evidence excluded should be made part of the record for the purpose of appeal. Hearsay so make sure to research this topic ahead of time if you plan to raise specific objections.

Proffers should be full and complete. The evidence must increase or decrease the probability of the truth of the fact. SUBSEQUENT REMEDIAL MEASURES are not admissible to prove liability but may be admissible to show ownership control feasibility of precautionary measures if controverted or for impeachment.

Under Federal Rule 402 all relevant evidence is admissible even though it is undisputed. SIMPLIFIED RULES OF EVIDENCE AND PROCEDURE In trials in the United States elaborate rules are used to regulate the admission of proof ie oral or physical evidence. Irwin Law 1999 at 7 Paciocco.

Dont argue with the judge when you lose a ruling on an objection. Reason based upon the rules of evidence. The evidence must be logically probative of the fact for which it is tendered ie.

Dont make speaking objections. HABIT OR ROUTINE is admissible to prove action in conformity therewith. MIDLANDS RULES OF EVIDENCE CHEAT SHEET Rule 402 and 403.

Rule 403 should be mentioned if you are doing the objecting. If the judge excludes the evidence that is your opponent objects and the judge responds sustained you must under Rule 103a2 make an offer of proof and should make clear the reason the evidence is admissible. Objections Cheat Sheet Generally Objection Supporting Authority Relevance Evidence Code 210 350 Unduly prejudicial.