Evidence
Chapter 1: Introduction to Evidence
101: Scope- The rules apply in federal courts, bankruptcy and magistrate. Most states have adopted them with some variations. FRE apply in federal proceedings described in the rule. They also have copied in a large majority of states, with some variation among states in specific provisions.
102: Purpose and Construction- fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to ascertain truth and just determination. In cases requiring interpretation of these Rules, the US SC has generally adopted a “plain meaning” approach and applied a literal analysis.
103: Rulings on Evidence-
a. a substantial right of the party must be affected by evidence that is excluded or admitted for an erroneous ruling.
1) To preserve an evidentiary issue for appeal, the party must object to the court’s ruling. The objection must be timely or motion to strike and state the specific ground of objection.
2) Offer of proof is necessary to guarantee that the trial court will have a clear idea of the offered evidence. The substance of the evidence is made known to the court by offer. Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
To preserve an evidentiary issue for appeal, a party must object to the court’s ruling. This protects the system against wasteful circumstances in which a party might tolerate an incorrect ruling in the hope of obtaining a favorable trial result, but then seek reversal on the evidentiary ground if the result was unfavorable. The offer of proof requirement is intended to assist trial courts in making evidentiary rulings, since it guarantees that the trial court will have a clear idea of the offered evidence.
b. Record of offer and ruling. An additional statement showing the character of evidence, form it was offered, objection made and ruling. Can be in question and answer form.
c. Hearing of jury. Proceedings shall be conducted to prevent inadmissible evidence from being suggested to jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
d. Plain error. This rule does not preclude taking notice of plain errors affecting substantial rights even if not brought to the court’s attention.
1101: Applicability of Rules-
a. Courts and magistrates. District courts, Guam, Virgin Islands, Northern Mariana Islands, US Court of Appeals, Claims Court, bankruptcy and magistrate.
b. Proceedings generally. Rules apply to Civil actions and proceedings, admiralty and maritime, criminal cases and proceedings, contempt proceedings except where court acts summarily, cases under title 11 USC
c. Rules of Privilege. Appliesat all stages of all actions, cases and proceedings.
is testimonial evidence. The best evidence for the defense is that nothing is found on his person.
v. Conclusion-
1.4 The Different Meanings of the Term Evidence
a. There are at least three common definitions of the term evidence
i. Proof of a cause of action, claim or defense
1. the “stuff” offered by the parties at trial to prove the elements of a claim, cause of action or defense.
ii. Rules governing the admissibility and exclusion of proof at trial
1. this helps judges conduct trials. The rules contain numerous “foundations”- procedures and judiciary findings that are prerequisites to the admissibility of evidence at trial.
iii. The things that jurors can take back with them to the jury room for the process of deliberations
1. refers to the special proof considered to be “in evidence”. Such evidence has met the requirements of the rules and may be taken into the jury room by the jury during deliberations.
