Evidence Outline
Prof. Backus
University of Oklahoma
Spring 2018
Types of Evidence
Oral Testimony
Fact Witness: perceived facts related to suit, testifies to those facts
Expert Witness: Uses expertise to interpret evidence and explain it to jury
Character Witness: Offer info as to character of a party in suit
Real Evidence
Physical evidence that plays direct role in controversy
must be authenticated; show proof it is what it is claimed to be
Documents
Any writing or recording of information relevant to the issue
Demonstrative
Charts, Tables, Maps, Graphs, Etc.
Stipulations
Both parties agree to facts for trial purposes.
Circumstantial Evidence
Any evidence that requires an inference to connect the evidence w/ the disputed facts
rhetorical device rather than legal distinction
Structure of a Trial
Pretrial Motions
motion in limine “at the threshold
can motion to exclude or include evidence
requires advance notice of evidence
used to avoid losing objections at trial, bad look to jury.
allows for lengthy argument
Motion to suppress
Summary Judgment
Jury Selection
Voir Dire
Oath
Opening Statements
Effective OS
tells a compelling story
reflects evidence that will unfold during trial
Disputing and Defending Evidence
Federal Rules of Evidence are aimed at
protecting the jury from misleading info
eliminating unnecessary delay
protect social interest
ensure evidence is sufficiently reliable
FRE 101: Scope and Definitions
FRE 1101: applies to
courts and judges in
district courts
bkrtptcy and mag judge
Court of Appeals
Fed Court
not in Supreme Court
apply in civil and criminal and contempt
does not apply to
104A prelim quest
grand jury proceedings
FRE 103 Preserving a Claim of Error
May claim error in ruling to admit or exclude only in
raising objections
defending evidence
maintaining objections
shielding the jury
if the ruling admits evidence
party must timely object or motion to strike; and
timely means as soon as known or should reasonably have known
state the specific grounds, unless apparent
Objecting prevents admission, MTS removes already admitted
Defending Evidence
103(a)(2) if ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context
103(b) once objected too, the issue is preserved for appeal
103(d) take practical steps to avoid jury from hearing inadmissible evidenc
tent of dmgs by treating injuries promptly
Rule 410: Plea Bargains not included in evidence
does not exclude evidence of final guilty pleas extended as a result of plea bargains
excludes
statements made
offers/acceptances
guilty pleas later w/drawn
Plea Negotiations Occur when
D has subjective expectation of negotiation a please and
that expectation is reasonable given totality of objective circumstances
Rule 411: Cannot introduce evidence of liability insurance to prove negligence or liability
can use for bias/prejudice, agency, ownership, control
Health Care not liability
Stipulated facts can still be used to make a piece of evidence relevant
Negative evidence is typically excluded
Relevance is determined in contexts of facts and arguments in a case
3-Step process
probative value
Danger
Balance the two
Preliminary Questions
Rule 104
Ct. decides prelim Q’s bout W qualification, Privilege, Admissible Evidence. Not Bound by evidence rules except privilege.
