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Mock Trial Objections
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hearsay exception, declarant available as witness - records of regularly conducted activity
all relevant evidence is admissible, except as otherwise provided by the US constitution. Evidence which is not relevant is not admissible.
LACK OF PERSONAL KNOWLEDGE
hearsay exception, declarant available as witness - public records and reports
definition of relevant evidence
hearsay within hearsay not excluded if each part of statement conforms with an exception to the hearsay rule (
Hearsay: a statement, other than one made by the declarant while testifying at the trial/hearing, offered in evidence to prove the truth of the matter asserted.
OPINION TESTIMONY BY LAY WITNESSES
TESTIMONY BY EXPERTS
At the request of a party the court shall order witnesses constructively excluded so that they cannot hear the testimony of other witnesses.
Declarant. - a person who makes a statement
prior statement by witness. (not hearsay)
hearsay exception, declarant available as witness - statement for purposes of medical diagnosis or treatment
BASES OF OPINION TESTIMONY BY EXPERTS
admission by party-opponent (not hearsay)
EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME
OPINION ON ULTIMATE ISSUE
hearsay exception, declarant available as witness -excited utterance
hearsay exception, declarant available as witness - then existing mental, emotional or physical condition
DISCLOSURE OF FACTS OR DATA UNDERLYING EXPERT OPINION: expert may testify in terms of opinion or inference and give reasons without first testifying to the underlying facts or data
hearsay exceptions if declarant is unavailable
A “statement” is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.
hearsay exception, declarant available as witness - present sense impression
telephone conversations admissible if person answering is shown to be the one called, or if the call relates to business reasonably transacted over the phone
hearsay exception, declarant available as witness - learned treatises
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