Law Evidence Rules FRE 103 & FRE 611

Study Notes

Introduction

FRE 103 rulings on Evidence: A party can claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party.
- If admitting evidence, a party must object on the record and state the specific grounds (unless apparent).
- If excluding evidence, a party must inform the court of the substance of the excluded evidence (unless apparent).
FRE 104 Preliminary Questions: The court decides preliminary questions about witness qualifications, privileges, and admissibility.

Cross and Direct Examination

FRE 611 Mode and Order of Interrogation: The court controls the mode and order of examining witnesses to avoid wasting time.
- Scope of Cross-examination: Cross-examination is limited to the subject matter of the direct examination and matters affecting witness credibility.
- Leading Questions: Leading questions should be avoided on direct examination, unless necessary to develop the witness's testimony. Leading questions are permissible on cross-examination.

Witness Competency

FRE 601: Generally, every person is competent to be a witness, unless the rules provide otherwise.
Oath Requirement: Witnesses must take an oath or affirmation to testify truthfully.
Knowledge Requirement (FRE 602): A witness must have personal knowledge of a matter to testify about it.
- Evidence to prove personal knowledge can come from the witness itself.

Other Considerations

FRE 605: The presiding judge may not testify as a witness in the trial.
FRE 606: Jurors may not testify about their deliberations or the effect of extraneous information on their verdict.
Leading Questions (FRE 611(c)): Should not be used on direct examination unless necessary to develop testimony. Permitted on cross-examination.
Writing Used to Refresh Memory (FRE 612): Adverse party has options if a witness uses writing to refresh memory.
Admissibility of Relevant Evidence (FRE 402): Relevant evidence is admissible unless the rules provide otherwise.
Relevant Evidence (FRE 401): Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence.
Excluding Relevant Evidence (FRE 403): The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time.
Preliminary Questions (FRE 104): The court must make a preliminary decision about the admissibility of evidence.
Limiting Evidence (FRE 105): If evidence is admitted for one purpose but not another, the court must instruct the jury accordingly.
Remainder of or Related Statements (FRE 106): The court may order the introduction of other portions of a writing or recorded statement to ensure fairness.
Character Evidence (FRE 404): Evidence of a person's character is not admissible to prove that on a particular occasion the person acted in accordance with that character, but can be admissible for limited exception circumstances in criminal cases.
Methods of Proving Character (FRE 405): Character can be proved by reputation or opinion evidence; specific instances are rarely admissible.
Exceptions to the Rule Against Hearsay (FRE 803 and FRE 804): Varied exemptions to the rule against hearsay.
Hearsay (FRE 801): A statement that was made out of court being offered in evidence to prove the truth of the matter asserted.
Hearsay Exceptions (FRE 803): Including statements about present sense impressions, excited utterances, then-existing mental emotional physical conditions, statements made for medical treatment.
Hearsay Exceptions (FRE 804): Applies when declarant is unavailable. Includes former testimony, statements against interest, and dying declarations.
Witness Competency (FRE 602): Personal knowledge required for testimony.
Witness Disqualification (FRE 601): Exceptions exist to the rule of every person being capable of testifying as a witness.