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Evidence
University of Toledo School of Law
Eisler, Beth A.

1. Trial procedure
a. Mode and order of interrogation and presentation [FRE 611] i. The court shall maintain reasonable control over interrogations and presentation of evidence so as to
1. Make it effective for the finding of truth
2. Avoid waste of time,
3. Protect witnesses from harassment or embarrassment
ii. Scope of examination
1. Cross examination should be limited to the subject matter of direct, and matters affecting credibility, but
2. The court may use its discretion to allow inquiry into other matters as if on direct
iii. Leading questions
1. On direct should not be used except where necessary to develop the witness’s testimony,
2. Are permitted on cross, but
3. Leading questions may be used whenever a party calls a hostile witness, an adverse party or a witness identified with an adverse party
b. Exclusion of witnesses [FRE 615] i. At the request of a party the court shall order witnesses out of the courtroom so that they cannot hear the testimony of other witnesses, and can make this order f its own motion
ii. Certain people cannot be excluded
1. A party to the action,
2. A party’s attorney or attorney’s employee
3. A person whose presence is shown to be essential by a party
4. A person who is authorized to be there by statute
c. Rulings on evidence [FRE 103] i. Errors: in order to claim an error there must be a substantial right of a party affected, and
1. When the ruling admits evidence: there must be timely objection or motion to strike on the record which states the specific ground of the objection unless it’s obvious
2. When the ruling excludes evidence: the substance of the evidence must be made known to the court by offer of proof unless it was obvious from the questions asked
3. After a court makes a ruling on the record admitting or excluding evidence a party need no renew their objection to preserve the claim of error
ii. Record of offer and ruling: the court may add other evidence, the form it was offered, the objection made, and the ruling thereon to the record, and may direct the making of an offer of proof in question and answer form
iii. Hearing of the jury: hearings on evidence should be held outside the hearing of the jury in order to prevent them from hearing inadmissible evidence
iv. Plain error: plain errors can still be taken notice of if they affect a substan

reasons of waste of time or delay [FRE 403] d. Similar circumstances
i. Occurrence of events: in order for events under similar circumstances to be probative it must be shown that the circumstances are substantially similar
ii. Lack of occurrence of events: courts are more willing to admit evidence of lack of events under similar circumstances than occurrence of events
e. Evidence which is admissible for one purpose or against one party but not for another purpose or against another party can be limited by a jury instruction on the proper scope if such a request is made by a party
f. Certain relevant evidence is inadmissible: this evidence is not admissible to show guilt or fault, but may be admitted for another purpose, like to show ownership or control
i. Subsequent remedial measures [FRE 407] ii. Compromises or offers to compromise [FRE 408] iii. Payment of medical expenses [FRE 409] Guilty pleas that have been withdrawn