PRINCE GEORGE S COUNTY BAR ASSOCIATION LAW 101 March 1, 2012, 4:00p.m. Courtroom M1404 ASK A PROPER QUESTION - FACTUAL AND EXPERT WITNESSES
|
|
- Gilbert Gibson
- 5 years ago
- Views:
Transcription
1 PRINCE GEORGE S COUNTY BAR ASSOCIATION LAW 101 March 1, 2012, 4:00p.m. Courtroom M1404 ASK A PROPER QUESTION - FACTUAL AND EXPERT WITNESSES Speakers: Honorable Krystal Q. Alves, Circuit Court Honorable John Morrissey, District Court Moderator: Erik H. Nyce, Sources of law. Maryland Rules of Civil Procedure Method of making objection Maryland Rules of Evidence Relevancy, et seq RELEVANCY AND ITS LIMITS Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probably or less probable than it would be without the evidence Character evidence not admissible to prove conduct; exceptions; other crimes. cf: motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, absence of mistake or accident. (See annotations) Page -1-
2 5-406 Habit: routine practice Competency WITNESSES Lack of personal knowledge Evidence character of witness for truthfulness or untruthfulness - evidence by character witness (impeachment or rehabilitation) - impeachment of witness re: prior conduct not resulting in conviction Impeachment by evidence of conviction of crime - established by public record - crime was infamous or relevant to credibility - 15 year limit Mode and order of interrogation - Control by court - Scope of cross-examination - Leading questions Should not be allowed on direct except as may be necessary to develop the witness s testimony Should be allowed on cross-examination or direct of hostile witness, adverse party, witness identified with an adverse party Writing or other item used to refresh recollection Prior statements of witnesses Exclusion of witnesses (Rule on Witnesses) Page -2-
3 5-616 Impeachment & rehabilitation - Generally - Impeachment by inquiry of the witness - Extrinsic impeaching evidence - Rehabilitation OPINIONS AND EXPERT TESTIMONY Opinions by lay witnesses Testimony by Experts - Assist the trier of fact - Qualified by knowledge, skill, experience, training, or education - Appropriateness on the particular subject - Sufficient factual basis Basis of opinion testimony by experts Opinion on ultimate issue Disclosure of facts or data underlying expert opinion Hearsay HEARSAY Statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to the truth of the matter asserted Hearsay exceptions - Prior statements of witness at trial - Prior inconsistent statement Not prior consistent statement Page -3-
4 Courts & Judicial Proceedings Title 9 Witnesses, et seq. Title 10 Evidence, et seq Admissibility of writings of health care providers Admissibility of bills for goods and services Maryland Pattern Jury Instructions - civil and criminal Elements of crime, cause of action, etc. 2. Foundations and relevance inextricably linked Personal knowledge - senses - hear, see, feel, mind (if applicable) Relevance - Conclusion? - Opinion? - Speculation (how would this witness know that?) - Why did you ask that? - Tends to prove a fact. - Which issue or jury instruction? Chart of testimonial evidence Admissible Not admissible Facts < > Opinion Logical inferences conclusory speculation 3. Ask a proper question Do not - suggest an answer Page -4-
5 i.e, what color was the red light? Do - use facts in evidence i.e, as you approached the intersection, was there a traffic control device? You said there was a light controlling the intersection, what color was it. Interrogation - tell the story. Sequential. Can always ask: - taking you back to the date, time and place of the accident... - and then what happened? - what did you do? - what did you see? - why did you do that? Flaw - trying to prove every element of the case through every witness Cross-exam - Do not rehash direct 4. Miscellaneous - Use known facts - medical records, deposition, irrefutable evidence - Perceived cross-exam - does not establish anything but looks good - Know why you are asking the question and what you want Crawford - USSC - admissibility of 911 calls Testimonial vs. Excited Utterance 5. Trial preparation and organization To go file on the law. Rules, jury instructions, statutes, cases. Page -5-
6 Separate files for each witness - documents, Answer to discovery, depositions, questions No fumbling Always win every objection know the rule or rules which support the objection know why you asked the question I:\Common\WP\L3\EHN\LAW 101\2012 Law 101 materials.wpd Page -6-
SIMPLIFIED RULES OF EVIDENCE
SIMPLIFIED RULES OF EVIDENCE Table of Contents INTRODUCTION...3 TEXAS CODE OF CRIMINAL PROCEDURE Title 1, Chapter 38...3 TEXAS RULES OF EVIDENCE Article I: General Provisions...4 Article IV: Relevancy
More informationRules of Evidence (Abridged)
Rules of Evidence (Abridged) Article IV: Relevancy and its Limits Rule 401. Test for Relevant Evidence Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would
More informationFEDERAL RULES OF EVIDENCE (Mock Trial Version) (updated 10/07)
FEDERAL RULES OF EVIDENCE (Mock Trial Version) (updated 10/07) In American trials complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to
More informationOklahoma High School Mock Trial Program RULES OF EVIDENCE ARTICLE I. GENERAL PROVISIONS. Rule 101. Scope
Oklahoma High School Mock Trial Program RULES OF EVIDENCE ARTICLE I. GENERAL PROVISIONS Rule 101. Scope These Simplified Federal Rules of Evidence (Mock Trial Version) govern the trial proceedings of the
More informationRULES OF EVIDENCE Pennsylvania Mock Trial Version 2003
Article I. General Provisions 101. Scope 102. Purpose and Construction RULES OF EVIDENCE Pennsylvania Mock Trial Version 2003 Article IV. Relevancy and its Limits 401. Definition of "Relevant Evidence"
More informationIndex. Adjudicative Facts Judicial notice, Administrative Rules Judicial notice,
Index References in this index from 900 to 911 are to sections of the Wisconsin Rules of Evidence, and references from 1 to 33 are to chapters of this book. A Adjudicative Facts Judicial notice, 902.01
More informationFEDERAL RULES OF EVIDENCE (Mock Trial Version)
FEDERAL RULES OF EVIDENCE (Mock Trial Version) (ADOPTED 9/4/2012) INDEX ARTICLE I. GENERAL PROVISIONS Rule 101 Scope... 1 Rule 102 Purpose and Construction... 1 ARTICLE II. JUDICIAL NOTICE... 1 Rule 201
More information2016 FEDERAL RULES OF EVIDENCE (Mock Trial Version)
2016 FEDERAL RULES OF EVIDENCE (Mock Trial Version) In American trials, complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that
More informationTRIAL OBJECTIONS. Considerations Effect on the jury Scrutinous Judiciously Effective/Disruptive
TRIAL OBJECTIONS Albert E. Durkin, Esq. Miroballi Durkin & Rudin LLC Considerations Effect on the jury Scrutinous Judiciously Effective/Disruptive Will the answer hurt your case? Protecting the record
More informationDELAWARE HIGH SCHOOL MOCK TRIAL RULES OF EVIDENCE
DELAWARE HIGH SCHOOL MOCK TRIAL RULES OF EVIDENCE In American trials, complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that
More informationEMPIRION EVIDENCE ORDINANCE
EMPIRION EVIDENCE ORDINANCE Recognized Objections I. Authority RULE OBJECTION PAGE 001/002 Outside the Scope of the Ordinance 3 II. Rules of Form RULE OBJECTION PAGE RULE OBJECTION PAGE 003 Leading 3 004
More information2011 RULES OF EVIDENCE
2011 RULES OF EVIDENCE Pennsylvania Mock Trial Version Article I. General Provisions 101. Scope 102. Purpose and Construction Article IV. Relevancy and its Limits 401. Definition of "Relevant Evidence"
More informationNew Jersey Rules of Evidence Article VI - Witnesses
New Jersey Rules of Evidence Article VI - Witnesses N.J.R.E 601. General Rule of Competency Every person is competent to be a witness unless (a) the judge finds that the proposed witness is incapable of
More informationEVIDENCE, FOUNDATIONS AND OBJECTIONS. Laurie Vahey, Esq.
EVIDENCE, FOUNDATIONS AND OBJECTIONS Laurie Vahey, Esq. KINDS OF EVIDENCE Testimonial Including depositions Make sure you comply with CPLR requirements Experts Real Documentary Demonstrative Visual aid
More informationContents. Dedication... v. About the Author... xvii. Acknowledgments... xix. Foreword... xxi. Preface... xxv A Note about Primary Sources...
Dedication... v About the Author... xvii Acknowledgments... xix Foreword... xxi Preface... xxv A Note about Primary Sources... xxvi Chapter 1 Trial Process and Procedure... 1 The Role of the Trial Judge
More informationLIST OF CHAPTERS. Joseph J. Mellon, Esq. Thomas J. Tomazin, Esq. Lorraine E. Parker, Esq. Lauren E. Sykes, Esq. Krista Maher, Esq.
LIST OF CHAPTERS Chapter 1 PRETRIAL.............................................. 1 Joseph J. Mellon, Esq. Chapter 2 MOTIONS IN LIMINE................................... 17 Thomas J. Tomazin, Esq. Chapter
More informationCOURSE OUTLINE AND ASSIGNMENTS
EVIDENCE: COURSE OUTLINE AND ASSIGNMENTS Topic 1: Introduction to the Law of Evidence Read: Text pages 1 9 Rules 101, 102, 1101 A. Addressing Societal Conflicts/Disputes 1. Name various ways we address
More informationFEDERAL RULES OF EVIDENCE 2018
FEDERAL RULES OF EVIDENCE 2018 Effective July 1, 1975, as amended to Dec. 1, 2017 The goal of this 2018 edition of the Federal Rules of Evidence 1 is to provide the practitioner with a convenient copy
More informationWhy? Test Specific Knowledge Course Coverage Test Critical Reading Objective Grading
Why? Test Specific Knowledge Course Coverage Test Critical Reading Objective Grading Part of a Continuum MBE Essay PT Memorize law Critical reading Identify relevant facts Marshal facts Communication skills
More informationFEDERAL RULES OF EVIDENCE 2019
FEDERAL RULES OF EVIDENCE 2019 Effective July 1, 1975, as amended to Dec. 1, 2018 The goal of this 2019 edition of the Federal Rules of Evidence 1 is to provide the practitioner with a convenient copy
More informationTOP TEN NEW EVIDENCE RULES
K.I.S.S. TOP TEN NEW EVIDENCE RULES Paul S. Milich Georgia State University College of Law Atlanta, Georgia 1 of 9 Institute of Continuing Legal Education K.I.S.S Keep It Short & Simple November 14, 2014
More informationEvidence Presented by: Ervin Gonzalez, Esq.
Evidence Presented by: Ervin Gonzalez, Esq. This seminar focuses on the fundamentals of evidence in Florida including documentary evidence, demonstrative evidence, expert testimony, trial objectives and
More informationMasters of the Courtroom SM
Masters of the Courtroom SM Direct & Cross Examination The Hon. Carl J. Barbier, USDC EDLA Darleen M. Jacobs, The Law Offices of Darleen M. Jacobs Kerry Miller, Frilot Course Number: 0200141211 1 Hour
More informationAdmissibility of Electronic Evidence
Admissibility of Electronic Evidence PAUL W. GRIMM AND KEVIN F. BRADY 2018 Potential Authentication Methods Email, Text Messages, and Instant Messages Trade inscriptions (902(7)) Certified copies of business
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF
1 1 Innocence Legal Team 00 S. Main Street, Suite Walnut Creek, CA Telephone: -000 Attorney for Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF THE PEOPLE OF THE STATE OF ) Case No. CALIFORNIA, ) ) POINTS
More informationSUPPLEMENT TO MANUAL FOR COURTS-MARTIAL UNITED STATES MILITARY RULES OF EVIDENCE (2012 EDITION)
SUPPLEMENT TO MANUAL FOR COURTS-MARTIAL UNITED STATES MILITARY RULES OF EVIDENCE (2012 EDITION) The Supplement to the 2012 Edition of the Manual for Courts-Martial (MCM) is a complete revision of the Military
More informationRule 605. Competency of judge as witness. NC General Statutes - Chapter 8C Article 6 1
Article 6. Witnesses. Rule 601. General rule of competency; disqualification of witness. (a) General rule. Every person is competent to be a witness except as otherwise provided in these rules. (b) Disqualification
More informationFederal Rules Of Evidence (2012)
of 27 2/26/2012 10:34 AM Published on Federal Evidence Review (http://federalevidence.com) Federal Rules Of Evidence (2012) The Federal Rules of Evidence Page provides the current version of the Federal
More informationFederal Rules of Evidence ARTICLE I - GENERAL PROVISIONS
Federal Rules of Evidence Federal Rules of Evidence ARTICLE I - GENERAL PROVISIONS Rule 101. Scope Rule 102. Purpose and Construction Rule 103. Rulings on Evidence Rule 104. Preliminary Questions Rule
More informationTIPS ON OFFERING EVIDENCE RELEVANCE
TIPS ON OFFERING EVIDENCE by Curtis E. Shirley RELEVANCE Indiana Evidence Rule 401: Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the
More informationKeith Berkshire Berkshire Law Office, PLLC
Keith Berkshire Berkshire Law Office, PLLC (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:
More informationWhat s Your Theory of Admissibility: Character Evidence, Habit, and Prior Conduct
John Rubin UNC School of Government April 2010 What s Your Theory of Admissibility: Character Evidence, Habit, and Prior Conduct Issues Theories Character directly in issue Character as circumstantial
More informationCase 1:17-cr KBF Document 819 Filed 06/11/18 Page ORDERED. 1 of 8 GUIDELINES REGARDING APPROPRIATE USE OF 302 FORMS IN CRIMINAL TRIALS
Case 1:17-cr-00350-KBF Document 819 Filed 06/11/18 Page ORDERED. 1 of 8 Post to docket. GUIDELINES REGARDING APPROPRIATE USE OF 302 FORMS IN CRIMINAL TRIALS 6/11/18 Hon. Katherine B. Forrest I. INTRODUCTION
More informationSIMULATED MBE ANALYSIS: EVIDENCE PROFESSOR ROBERT PUSHAW PEPPERDINE UNIVERSITY SCHOOL OF LAW
SIMULATED MBE ANALYSIS: EVIDENCE PROFESSOR ROBERT PUSHAW PEPPERDINE UNIVERSITY SCHOOL OF LAW Editor's Note 1: This handout contains a detailed answer explanation for each Evidence question that appeared
More informationTRIAL ADVOCACY - FALL 2005
TRIAL ADVOCACY - FALL 2005 Thomas K. Maher 312 W Franklin Street Chapel Hill, N.C. 27516 (O) 929-1043 (H) 933-5674 TKMaher@tkmaherlaw.com General Instructions 1. General Information. The class will meet
More informationBASICS. Appellate Review. Contested Hearings: The Basics. Orders of the clerk after hearing are final acts of a judicial officer.
Contested Hearings: The Basics Ann M. Anderson Contested Hearings: Essentials for Clerks July 18-19, 2017 BASICS Appellate Review Orders of the clerk after hearing are final acts of a judicial officer.
More informationCOMMON OBJECTIONS CHART (excluding Hearsay, covered in next section)
COMMON OBJECTIONS CHART (excluding Hearsay, covered in next section) Rev. January 2015 This chart was prepared by Children s Law Center as a practice aid for attorneys representing children, parents, family
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Evidence And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Dave brought his sports car into
More informationChapter 8C. Evidence Code. 8C-1. Rules of Evidence. The North Carolina Rules of Evidence are as follows:
Chapter 8C. Evidence Code. 8C-1. Rules of Evidence. The North Carolina Rules of Evidence are as follows: Article 1. General Provisions. Rule 101. Scope. These rules govern proceedings in the courts of
More informationPRIOR INCONSISTENT STATEMENTS AND SUBSTANTIVE EVIDENCE
PRIOR INCONSISTENT STATEMENTS AND SUBSTANTIVE EVIDENCE FEDERAL RULE 801(D)(1)(A): THE COMPROMISE Stephen A. Saltzburg* INTRODUCTION Federal Rule of Evidence 801(d)(1)(A) is a compromise. The Supreme Court
More informationFULL OUTLINE. Bar Exam Doctor BAREXAMDOCTOR.COM. EVIDENCE
FULL OUTLINE www.barexamdoctor.com EVIDENCE I. RELEVANCE a. Definition i. Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Evidence And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Paul sued David in federal court
More informationAmerican Mock Trial Association MIDLANDS RULES OF EVIDENCE
Last Updated: January 6, 2014 American Mock Trial Association MIDLANDS RULES OF EVIDENCE Article I. Rule 101. Scope; Definitions (a) Scope. These rules apply to proceedings in the courts of the State of
More informationThinking Evidentially
Thinking Evidentially Writing & Arguing Powerful Motions October 17, 2013 2013 www.rossdalecle.com Presentation of Proof Plaintiff (or prosecutor) presents case-in-chief, then rests; When witnesses are
More informationCASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:
Plaintiff(s), vs. Defendant(s). / IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: DIV 71 UNIFORM ORDER REGARDING SETTING CASE FOR JURY TRIAL, PRE-TRIAL
More informationArgumentative Questions (Badgering) Assuming Facts Not in Evidence (Extrapolation) Irrelevant Evidence Hearsay Opinion Lack of Personal Knowledge
Argumentative Questions (Badgering) Assuming Facts Not in Evidence (Extrapolation) Irrelevant Evidence Hearsay Opinion Lack of Personal Knowledge Asked and Answered Outside the Scope of Cross Examination
More informationImpeachment by omission. Impeachment for inconsistent statement. The Evidence Dance. Opening Statement Tip Twice
Impeachment by omission Impeachment for inconsistent statement The Evidence Dance Opening Statement Tip Twice Closing Argument The Love Boat Story: A Vicious Tale Top Six Objections Evidence Review Housekeeping
More informationA JUDGE S PERSPECTIVE ON EVIDENCE. (Basic Tools of Your New Trade) W. David Lee. Senior Resident Superior Court Judge.
A JUDGE S PERSPECTIVE ON EVIDENCE (Basic Tools of Your New Trade) W. David Lee Senior Resident Superior Court Judge District 20B School for New Superior Court Judges January, 2009 The Exercise of Judicial
More informationGENERAL ASSEMBLY OF NORTH CAROLINA 1983 SESSION CHAPTER 701 HOUSE BILL 96 AN ACT TO SIMPLIFY AND CODIFY THE RULES OF EVIDENCE.
GENERAL ASSEMBLY OF NORTH CAROLINA 1983 SESSION CHAPTER 701 HOUSE BILL 96 AN ACT TO SIMPLIFY AND CODIFY THE RULES OF EVIDENCE. The General Assembly of North Carolina enacts: Section 1. A new Chapter is
More informationMIDDLE SCHOOL MOCK TRIAL SIMPLIFIED RULES OF EVIDENCE
MIDDLE SCHOOL MOCK TRIAL SIMPLIFIED RULES OF EVIDENCE Revised August 2015 Rules Unique to Middle School Mock Trial I. Invention of Facts and Extrapolation The object of these rules is to prevent a team
More informationCOMMON OBJECTIONS CHART (excluding Hearsay, covered in next section)
COMMON OBJECTIONS CHART (excluding Hearsay, covered in next section) Rev. January 2017 This chart was prepared by Children s Law Center as a practice aid for attorneys representing children, parents, family
More information6.17. Impeachment by Instances of Misconduct
6.17. Impeachment by Instances of Misconduct (1) Subject to paragraph (c), (a) the credibility of a witness may be impeached on cross-examination by asking the witness about prior specific criminal, vicious,
More informationEVIDENCE CALIFORNIA DISTINCTIONS Bar Exam Outline
EVIDENCE CALIFORNIA DISTINCTIONS Bar Exam Outline Law applying to both FRE & CEC is in black Law applying to FRE only is in blue Law applying to CEC only is in red WHEN TO APPLY CALIFORNIA LAW - only on
More informationExample: (1) Your honor, (2) I object (3) to that question (4) because it is a compound question.
MOCK TRIAL SIMPLIFIED RULES OF EVIDENCE Criminal trials are conducted using strict rules of evidence to promote fairness. To participate in a Mock Trial, you need to know its rules of evidence. The California
More informationOverview of Trial Proceedings Role of Judge/Jury, Markman Hearings, and Introduction to Evidence
Role of Judge/Jury, Markman Hearings, and Introduction to Evidence July 21, 2016 Drew DeVoogd, Member Patent Trial Proceedings in the United States In patent matters, trials typically occur in the federal
More informationHe Said / She Said Establishing Credibility Without Witnesses
He Said / She Said Establishing Credibility Without Witnesses NAECP Focused Track Advanced #4 Presented by: Billie Pirner Garde, Esq. 1707 L Street, N.W., Suite 00 Washington, D.C. 20036 (202) 280 6116
More informationWitness testimony The question and answer method (Jack Ruby essay, p. 485) 1. Free narratives are usually not permitted.
Witness testimony The question and answer method (Jack Ruby essay, p. 485) 1. Free narratives are usually not permitted. 2. Leading questions are usually not permitted on direct examination. 1 Why not
More informationImpeachment and Rehabilitation under the Maryland Rules of Evidence: An Attorney's Guide
University of Baltimore Law Review Volume 24 Issue 1 Fall 1994 Article 4 1994 Impeachment and Rehabilitation under the Maryland Rules of Evidence: An Attorney's Guide Paul W. Grimm Barton & Wilmer, LLP
More informationTRIAL PRACTICE No SPRING 2012
TRIAL PRACTICE No. 613 - SPRING 2012 William F. Martson, Jr. Tonkon Torp LLP 888 SW Fifth Avenue, Suite 1600 Portland, OR 97204 (0) 503-802-2005 (C) 503-799-5743 Email: rick.martson(tonkon.com General
More informationelias ch00 fmt auto 1/27/03 12:45 PM Page i Federal Rules of Evidence Handbook
elias ch00 fmt auto 1/27/03 12:45 PM Page i Federal Rules of Evidence Handbook elias ch00 fmt auto 1/27/03 12:45 PM Page ii elias ch00 fmt auto 1/27/03 12:45 PM Page iii Federal Rules of Evidence Handbook
More informationPLAINTIFF S MOTIONS IN LIMINE
MCDONALD V. STERN 15CVP-0021 PLAINTIFF S MOTIONS IN LIMINE NO. DESCRIPTION RULING 1 FOR AN ORDER EXCLUDING EVIDENCE THAT CONTRADICTS DEFENDANTS' ADMISSIONS MADE IN RESPONSES TO PLAINTIFF'S REQUESTS FOR
More informationExpert Testimony: A Judge s Perspective HON. JACK D. DAVIS, II JUDGE OF THE CIRCUIT COURT, SANGAMON COUNTY, ILLINOIS
Expert Testimony: A Judge s Perspective HON. JACK D. DAVIS, II JUDGE OF THE CIRCUIT COURT, SANGAMON COUNTY, ILLINOIS Demographics Number of those in attendance with experience as: A sworn law enforcement
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Evidence/Remedies And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Green s Grocery Outlet
More informationExamination, Cross-Examination, and Redirect Examination. Penny J. White May 2015
Examination, Cross-Examination, and Redirect Examination Penny J. White May 2015 I. Learning Objectives for this Session: Following this session, participants will be able to: 1. Exercise appropriate control
More informationCharacter and Prior Conduct. What is Character? 8/2/2010. John Rubin School of Government April Who can put character in issue?
Character and Prior Conduct John Rubin School of Government April 2010 What is Character? Character comprises the actual qualities and characteristics of an individual Is extrinsic evidence admissible?
More informationPREPARING FOR TRIAL. 3. Opponent s experts identified, complete Rule 26 responses received and, if possible and necessary, experts have been deposed.
1 PREPARING FOR TRIAL I. To Be Completed 60 Days Before Trial The following is a list of things that we should endeavor to have done 60 days before trial. While we cannot control what deadlines the court
More informationMost criminals today are not. sighted opportunists guided more by impulse than logic. Jef Nance, CFE, in Conquering Deception
Supercharging Your Forensic Accounting Skills Presented by John H. Straub, CPA/CFF/CGMA, CFE, CIA, MAFF Straub Accounting, LLC Forensic & Certified Public Accountants Learning Objectives Understand types
More information14. HEARSAY A. INTRODUCTION
14. HEARSAY A. INTRODUCTION 1. What is the Hearsay Rule? Hearsay is a statement that was made outside of the courtroom, asserts facts, and is now offered in court to prove the truth of the facts asserted.
More informationMAINE RULES OF EVIDENCE
Last reviewed and edited December 15, 2011 Including amendments effective January 1, 2012 MAINE RULES OF EVIDENCE TABLE OF RULES ARTICLE I. GENERAL PROVISIONS RULE: 101. SCOPE. 102. PURPOSE AND CONSTRUCTION.
More informationCase Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators Jay E. Grenig Rocco M. Scanza Cornell University, ILR School Scheinman Institute on Conflict Resolution JURIS Questions
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF
Innocence Legal Team 100 S. Main St., Suite 1 Walnut Creek, CA Tel: -000 Attorney for Defendant SUPERIOR COURT OF CALIFORNIA, COUNTY OF THE PEOPLE OF THE STATE OF ) Case No. CALIFORNIA, ) ) Plaintiff,
More informationUSE OF DEPOSITIONS. Maryland Rule Deposition Use. (a) When may be used.
USE OF DEPOSITIONS {See P. Niemeyer and L. Schuett, Maryland Rules Commentary, (Third Edition, 2003), pp. 314-319; and P. Grimm, Taking and Defending Depositions: A Handbook for Maryland Lawyers, MICPEL
More informationDefense: Your goal is to convince as many members of the jury as possible that Abigail Williams is innocent of murder. 4 Attorneys
English 10 Crucible Mock Trial The People vs. Abigail Williams Assignment: You will be conducting a mock trial in which the innocence or guilt of Abigail Williams will be determined. For our purposes,
More informationCONTENTS. vii. Acknowledgments
CONTENTS Acknowledgments xvii Chapter 1 The Role and Importance of Depositions 1 The Essentials: Preparation and an Understanding of the Deposition Process 1 How the Book Approaches Depositions 4 The Use
More informationINTRODUCTION OF EXHIBITS AT TRIAL THE BASICS
INTRODUCTION OF EXHIBITS AT TRIAL THE BASICS What are exhibits? Exhibits are types of evidence that are tangible. There are basically four types of exhibits. First, there is real evidence (the gun involved
More informationHow to Testify. Qualifications for Testimony. Hugo A. Holland, Jr., J.D., CFE Prosecutor, State of Louisiana
How to Testify Qualifications for Testimony Hugo A. Holland, Jr., J.D., CFE Prosecutor, State of Louisiana 2018 Association of Certified Fraud Examiners, Inc. CPE PIN Instructions 2018 Association of Certified
More informationNeil Feldscher, CIH, CSP, Esq. and Chip Darius, MA, OHST
Neil Feldscher, CIH, CSP, Esq. and Chip Darius, MA, OHST Types of Witnesses Rules for Expert Witnesses Different Rules, Roles & Expectations Serving as a Consultant or Expert Qualifications Experience
More informationFORM 4. RULE 26(f) REPORT (PATENT CASES) UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
FORM 4. RULE 26(f REPORT (PATENT CASES UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Name of Plaintiff CIVIL FILE NO. Plaintiff, v. RULE 26(f REPORT (PATENT CASES Name of Defendant Defendant. The
More informationDIRECT EXAMINATION. Robert E. Harrington Robinson, Bradshaw & Hinson, P.A.
DIRECT EXAMINATION Robert E. Harrington Robinson, Bradshaw & Hinson, P.A. John S. Leary Association of Black Lawyers Trial Advocacy CLE September 17, 2011 DIRECT EXAMINATION UNDERSTAND THE ROLE AND IMPORTANCE
More informationTRIAL COURT JUDGE AND ATTORNEY STUDY GUIDE
TRIAL COURT JUDGE AND ATTORNEY STUDY GUIDE SECTION 1: JUDGE S RESPONSIBILITIES 1. Thoroughly know all of the Simplified Rules of Evidence and Trial Procedure Rules and make sure they are strictly enforced
More informationEVIDENCE Kuhns Fall 2006
Katz EVIDENCE Kuhns Fall 2006 I. RELEVANCE Threshold Question: What is the purpose for this offer of evidence? -Where we start, almost all other areas of evidence law rely on relevance LOGICAL RELEVANCE:
More informationEvidence Update. ISBA Criminal Law Seminar. April 17, 2015
Evidence Update ISBA Criminal Law Seminar April 17, 2015 Laurie Kratky Doré Ellis and Nelle Levitt Distinguished Professor of Law Drake University Law School Overview Focus upon Iowa Supreme Court s evidentiary
More informationOF TAKING AND DEFENDING DEPOSITIONS
Contents PART ONE: THE LAW Chapter One MECHANICS OF TAKING AND DEFENDING DEPOSITIONS 1.1 Whose Deposition May Be Taken?......... 4 1.2 Rule 30(B)(6) Depositions.............. 4 1.3 Timing........................
More informationMOCK TRIAL RULES. The Case 1) The case may contain any or all of the following stipulations: documents, narratives, exhibits, witness statements, etc.
MOCK TRIAL RULES The Case 1) The case may contain any or all of the following stipulations: documents, narratives, exhibits, witness statements, etc. 2) The stipulations (and fact statements, if any) may
More informationJ. Max Wawrik Nancy Rosado Colon Law 16 Spring 2017
J. Max Wawrik Nancy Rosado Colon Law 16 Spring 2017 Law of Evidence KEY TERMS Adversary System (U.S.) A system of justice where the parties work in opposition to each other, and each party tries to win
More informationChildren s Commission
Children s Commission SUPREME COURT OF TEXAS PERMANENT JUDICIAL COMMISSION FOR CHILDREN, YOUTH AND FAMILIES TRIAL SKILLS TRAINING Building Blocks OCTOBER 2013 BB-1 Table of Contents Direct Examination...
More informationv. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN September 13, 1996 D.S. NASH CONSTRUCTION COMPANY
Present: All the Justices LOIS EVONE CHERRY v. Record No. 951876 OPINION BY JUSTICE BARBARA MILANO KEENAN September 13, 1996 D.S. NASH CONSTRUCTION COMPANY FROM THE CIRCUIT COURT OF CAMPBELL COUNTY H.
More informationImpeachment in Louisiana State Courts:
Impeachment in Louisiana State Courts: La. Code of Evidence Recognizes Eight Ways By Bobby M. Harges 252 To impeach or attack the credibility of a witness in Louisiana state courts, a party may examine
More informationFRESNO COUNTY EMPLOYEES RETIREMENT ASSOCIATION (FCERA) ADMINISTRATIVE PROCEEDINGS AND APPEALS TO THE BOARD POLICY
FRESNO COUNTY EMPLOYEES RETIREMENT ASSOCIATION () ADMINISTRATIVE PROCEEDINGS AND APPEALS TO THE BOARD POLICY I. PURPOSE OF THIS POLICY 1) Assuring that members and beneficiaries receive the correct benefits
More informationA. What is Civil Procedure? Civil procedure is about the rules that govern the exercise of state power through civil lawsuits.
OVERVIEW I. Introduction to Civil Procedure A. What is Civil Procedure? Civil procedure is about the rules that govern the exercise of state power through civil lawsuits. B. The 2007 Rewriting of the Federal
More informationMINNESOTA JUDICIAL TRAINING UPDATE
MINNESOTA JUDICIAL TRAINING UPDATE CAUTIONARY JURY INSTRUCTIONS DURING TRIAL Problem: You re In The Middle Of Trial And Something Occurs (Usually An Evidentiary Issue) That Requires A Cautionary Instruction
More informationPREPARING FOR AND TAKING DEPOSITIONS IN A PERSONAL INJURY CASE
PREPARING FOR AND TAKING DEPOSITIONS IN A PERSONAL INJURY CASE Jeffrey K. Anderson, Esq. Anderson, Moschetti & Taffany, PLLC 26 Century Hill Drive, Suite 206 Latham, New York 12110 anderson@amtinjurylaw.com
More informationThe scope of the Alabama Rules of Evidence is stated in Rule 101: So it makes some sense to go straight to Rule 1101, even though it is
ALABAMA RULES OF EVIDENCE BACK TO THE BASICS The scope of the Alabama Rules of Evidence is stated in Rule 101: Rule 101. Scope. These rules govern proceedings in the courts of the State of Alabama to the
More informationEvidence 213B Professor Schroeder (Fall 2015) Reading List / Course Assignments (Rev. 08/08/2015) Page 1
Reading List / Course Assignments (Rev. 08/08/2015) Page 1 Class Schedule Fall 2015 Class# Day Date 1 Mon 17-Aug 2 Wed 19-Aug 3 Mon 24-Aug 4 Wed 26-Aug 5 Mon 31-Aug 6 Wed 2-Sep HOLIDAY Mon 7-Sep 7 Wed
More informationARTICLE VI. WITNESSES
WITNESSES 225 Rule 601 ARTICLE VI. WITNESSES Rule 601. Competency. 602. Need for Personal Knowledge. 603. Oath or Affirmation to Testify Truthfully. 604. Interpreter. 605. Judge s Competency as a Witness.
More informationIN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-21 LOWER CASE NO.: 2D REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS
IN THE SUPREME COURT OF FLORIDA RAYMOND BAUGH, Petitioner, vs. STATE OF FLORIDA, Respondent. / CASE NO.: SC04-21 LOWER CASE NO.: 2D02-2758 REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS On Discretionary
More informationTHE EVIDENCE ACT OF BHUTAN, 2005
THE EVIDENCE ACT OF BHUTAN, 2005 The ability to call the state laws to witness must be given prime importance, without being influenced solely by what is said by the incumbents. Zhabdrung Rimpochhe THE
More informationPrior Statements in Montana: Part I
The Alexander Blewett III School of Law The Scholarly Forum @ Montana Law Faculty Journal Articles & Other Writings Faculty Publications 2013 Prior Statements in Montana: Part I Cynthia Ford Alexander
More informationDRAFT REVISED NORTHERN CHEYENNE LAW & ORDER CODE TITLE 6 RULES OF EVIDENCE CODE. Title 6 Page 1
DRAFT REVISED NORTHERN CHEYENNE LAW & ORDER CODE TITLE 6 RULES OF EVIDENCE CODE Title 6 Page 1 TITLE 6 RULES OF EVIDENCE TABLE OF CONTENTS Chapter 1 GENERAL 6-1-1 Scope, Purpose and Construction 6-1-2
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) )
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 0 JESSE WASHINGTON, Plaintiff, v. R. SAMUELS, Defendant. Case No.: :-cv-00-sab (PC ORDER REGARDING PARTIES MOTIONS IN LIMINE [ECF Nos. 0 & 0]
More information