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St. Thomas University, Minneapolis School of Law
Garcia, Alfredo

101 SCOPE:
Used in
v      US Courts
v      US Bankruptcy Judges
v     Magistrate judges
Not used as stated in 1101
v      Determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under rule 104.
v      Grand jury proceedings
v      Extradition
v      Preliminary examinations in criminal trials
v      Sentencing granting or revoking probation
v      Issuing of warrants for arrest
v      Criminal summonses
v      Search warrants
v      Proceedings w/respect to release on bail.
v      To Secure fairness in administration
v      Elimination of unjustifiable expense and delay
v      Promotion of growth and development of evidence law to the end that the truth may be ascertained and proceedings justly determined.
(a) Effect of erroneous ruling:
            No error on a ruling which prohibits or excludes evidence unless it affects a substantial right of a party AND
IF A RULING TO INCLUDE is going to be preserved for appeal you need:
Objection or motion to strike
Specific as to grounds for objection if not apparent from the context
IF A RULING TO EXCLUDE is going to be challenged on appeal then:
the substance of the evidence was made known to the court by offer
or was obvious from the context
Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before[1] trial, a party need not renew his objection or offer of proof to preserve a claim of error for appeal.
If the opposing party then introduces evidence that the judge definitively said was out you MUST then object again
Later on in the trial the judge can revisit what he at the time said was definitive and change its initial ruling at which point you MUST object
If a court says evidence is admissible subject to a proper foundation and a proper foundation is not laid you MUST OBJECT or you cannot claim error.
(b) Record of offer and ruling:
The judge can also ad his 2 cents to the record if the judge’s statement(s) show:
The character of the evidence offered
The form in which it was offered
The objection made
The ruling
The judge can also direct the making of an offer by Q and A .
(c) Hearing of Jury:

e foundation evidence sufficient to support a finding of the fact upon whose existence the admissibility is conditioned.
YES then it is admitted
If the jury could reasonably conclude that the facr dd or did not exist then the matter is up to them.
If the judge at the end thinks that the fact upon which its admissibility was governed cannot be proven then he withdraws consideration of the evidence from the jury.
(c) Hearing of jury
Hearings on the admissibility of confessions SHALL NOT be heard by the jury.
Other preliminary hearings when justice so requires
When witness is accused and requests jury not to hear.
(d) Testimony by accused
Accused testifies on a matter in a preliminary hearing.
This alone DOES NOT render him subject to X exam on this matter
(e) Weight and credibility
This rule does not concern itself with admission of evidence to show weight or credibility before a jury.
[1] Motion in liminee