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.
d. Rules inapplicable. Rules do not apply (other than respect to privileges):
1) Preliminary questions of fact.
2) Grand jury
3) Miscellaneous proceedings. Extradition or rendition; preliminary exams in crim cases; sentencing or granting or revoking probation; issuance of warrants for arrest; criminal summonses; and search warrants; and proceedings with respect to release on bail or otherwise.
4) Rules applicable in part. (see rule)
1102: Amendments- Amendments to FRE provided by 28 USC 2076
1103: Title- rules are known as Federal Rules of Evidence
1.1 The Purpose of Evidence
a. Offered at a trial or hearing to prove a party’s case
b. Not all evidence offered will be admitted for consideration. (ie. irrelevant evidence, privileged, unfair prejudice)
1.2 The Rules of Evidence
a. Federal Rules of Evidence took effect in 1975 after President Ford signed them into law.
b. Not all evidence is admissible. The FRE limit what may be admitted and what the jury may consider during deliberations.
c. The limitations are based on various policies such as fairness, efficiency, predictability, and consistency.
1.3 Evidence in Action
a. The primary locus for evidentiary questions lies in the trial courts
b. Evidentiary issues arise throughout trial and the numerous evidentiary rulings by trial courts are seldom appealed.
c. U.S. v. Gillis
i. Facts-
ii. Issue-
iii. Rule-
iv. Analysis- the drugs and the tag missing is real evidence, the smell 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.
2. this is mainly tangible proof under meaning 1 and is distinguished from mere demonstrative evidence which is used only to illustrate a witness’ point.
a. Demonstrative evidence is generally not subject to the same rigorous admissions requirements as other evidence and often is not permitted to be taken by the jury into the jury room.
1.5 Types of Evidence
a. Real, Representative, and testimonial Evidence
i. Real evidence is physical, tangible evidence- the th
al kinds of proof problems.
i. Judicial Notice- when the facts are beyond dispute, the court will instruct juries to accept certain facts as true
ii. A lack of proof that threatens to deny justice allows the rules to create a presumption. This shifts some of the burden of proving the case to the opposing party in order to flush out evidence.
2.4 The Attorney’s Role
a. At trial, an attorney must juggle two different roles
i. Keeping an eye on trial strategy
ii. creating a record for a potential appeal
2.5 Case Supplement-
a. Ohler v. United States (2000)
i. Facts- Petitioner was arrested and charged with importation of marijuana and possession with the intent to distribute. The district court granted the government’s motion in limine (in the beginning motion to get something in or out before the jury gets it) seeking to admit evidence of her prior felony conviction as impeachment evidence under FRE 609(a)(1). P testified at trial and admitted on direct examination that she had been convicted of possession in 1993. P was convicted and Court of Appeals affirmed. The SC affirmed that P could not challenge the in limine ruling of the DC on appeal.
ii. Issue- Whether appellate review of an in limine ruling is available when the P introduced evidence that they seek to appeal for erroneous admittance.
iii. Rule- a party introducing evidence cannot complain on appeal that the evidence was erroneously admitted.
iv. Analysis- The rule is a commonsense rule P tried to avoid it by invoking rules 103 and 609. But the SC ruled neither rule addresses the issue. 103 sets forth that a party must make a timely objection to a ruling admitting evidence and that a party cannot challenge an evidentiary ruling unless it affects a substantial right. It does not determine when a party waives a prior objection, and it is silent with respect to the effect of introducing evidence on direct examination and later assigning its admission as error on appeal. 609(a) identifies the situation in which a witness prior conviction may be admitted for impeachment purposes. It can be elicited from the defendant or established by public record during direct or cross-examination. P argued that the waiver rule would compel a defendant to forgo the tactical advantage of preemptively introducing the conviction in order to appeal the in limine ruling. The court ruled that there is nothing unfair about putting a petitioner to her choice in accordance with normal rules of trials. P can take the stand and present admissible testimony if she chooses
