NUMBER OBJECTION SUMMARY
101 Scope The only rules of evidence are
those included in these rules
102 Objections The objection used must be
within the packet of rules
201 Relevancy The only testimony and
evidence available is that which
tends to make a fact which is
important to the case
202 Character Evidence about the character of
a witness may not be introduced
unless the character is an issue
in the case or it goes to
truthfulness
203 Other Crimes, Wrongs, or Acts Evidence of other crimes,
wrongs, or acts, can not be used
to prove character but can be
used to show motive, intent,
preparation, knowledge, or
identity
301 Form of Question Witnesses must be asked direct
questions, not leading questions
or narrative questions, on direct
examination
302 Scope of Witness Examination May only cover all facts relevant
to the case of which the witness
has first-hand knowledge
303 Refreshing Recollection If a witness is unable to recall a
statement from their affidavit,
the attorney may show that
portion of the affidavit
304 Form of question Leading on the cross
examination is allowed but
questions that evoke a
narrative answer are not.
305 Scope of witness The only testimony and
examination evidence available in the fact
pattern is allowed.
306 Impeachment If the witnesses
untrustworthy is unreliable an
attorney can impeach the
witness
307 Impeachment by evidence of If the credibility of a witness,
a criminal conviction evidence that the witness has
been convicted of a felony
can be used
308 Limit on questions After cross-examination, up
to three may be asked by the
attorney conducting the direct
examination must be in the
scope of the direct
examination.
309 Limit on questions Three additional questions
may be asked by the
cross-examining attorney
after the re-direct and should
avoid repetition and stay in
the scope of the re-direct.
310 Argumentative Questions An argumentative question, a
question that cross-examiner asks
challenging their inference of the
facts, rather than additional facts
themselves, should be avoided.
311 Compound Questions Compound Questions, a question
that requires one answer but has
two questions embedded within it,
should be avoided.
312 Asked and Answered Lawyers can’t ask questions that
have already been asked of a
witness.
313 Speculation Questions that ask a witness to
speculate about matters not
within his personal knowledge
401 Hearsay A statement made out of court is
hearsay if the statement is
offered for the truth of the fact
asserted in the statement.
Repeating a statement made out
of court.
402 Admission of a party opponent The party’s own out-of- court
statement is being offered into
evidence because it contains an
admission of responsibility or an
acknowledgement of fault.
403 State of Mind An out-of-court statement of the
declarant’s then existing state of
mind, emotion, sensation, or
physical condition (such as
intent, plan, motive, design,
mental feeling, pain, and bodily
health).
404 Business Records A memorandum, report, record,
or data compilation concerning
an event or act, provided that the
record was made at or near the
time of the act by a person with
knowledge and that the record is
kept in the regular course of
business.
405 Present Sense Impression An out-of- court statement
of a declarant’s statement
describing or explaining an
event or condition made while
the declarant was perceiving the
event or condition, or
immediately thereafter.
406 Statements in Learned Treatises A statement containing a
treatise, periodical, or pamphlet.
501 OPINION TESTIMONY BY Witnesses who are not testifying
NON-EXPERTS. as experts may give opinions
which are based on what they
saw or heard and are helpful in
explaining their story. A witness
may not testify to any matter of
which the witness has no
personal knowledge, nor may a
witness give an opinion about
how the case should be decided.
In addition, a non-expert witness
may not offer opinions as to any
matters that would require
specialized knowledge, training,
or qualifications.
502 OPINION TESTIMONY BY Only persons qualified as experts
EXPERTS. may
give opinions on questions that
require special knowledge or
qualifications. An expert may be
called as a witness to render an
opinion based on professional
experience. The attorney for the
party for whom the expert is
testifying must qualify the
witness as an expert. This means
that
before the expert witness can be
asked for an expert opinion, the
questioning attorney must bring
out the expert’s qualifications,
education and/or experience.
601 INTRODUCTION OF Physical evidence may be
PHYSICAL EVIDENCE. introduced if it is relevant to the
case. Physical evidence will not
be admitted into evidence until
it has been identified and shown
to be authentic or its
identification and/or authenticity
have
been stipulated to. That a
document is “authentic” means
only that it is what it appears to
be, not
that the statements in the
document are necessarily true.
602 REDACTION OF When a document sought to be
DOCUMENT. introduced into
evidence contains both
admissible and inadmissible
evidence, the judge may, at the
request of the
party objecting to the
inadmissible portion of the
document, redact the
inadmissible portion of the
document and allow the redacted
document into evidence.
603 VOIR DIRE OF A WITNESS. When an item of physical
evidence is sought to be
introduced under a doctrine that
normally excludes that type of
evidence (e.g., a document
which
purports to fall under the
business record exception to the
Hearsay Rule), or when a
witness is
offered as an expert, an
opponent may interrupt the
direct examination to request the
judge’s
permission to make limited
inquiry of the witness, which is
called “voir dire.”
701 Invention of Facts On direct, a witness must stick to
the facts given, facts cannot be
made up. If a witness gives a
testimony that contradicts the facts
given, opposing counsel should
impeach.
702 Invention of Facts On cross examination, lawyers can
not ask questions that elicit
information that is not provided in
the witness’s statement or direct
examination. If a question like this
is asked, the witness may respond
with an answer that doesn’t
materially alter the outcome of a
trial. If it does, the lawyer
conducting the cross may object.
801 Procedure for objections Any time anyone violates
“Simplified rules of evidence
and procedure.” Only object to
your witness and crossing
witness. Stand during
objection.
802 Motions No substantive pre-trial or
trial-term motions are
permitted
803 Closing arguments Must be based off evidence
presented in trial
804 Objections during closing and No objections at this time
opening permitted.
901 For criminal cases N/A
902.1 Preponderance of the Evidence To prove a plaintiff's claims, they
must provide a preponderance of
credible evidence. This means the
greater number of facts for the jury
to believe, not the number or length
of witness testimonies. Quality, not
quantity.
902.2 Clear and Convincing Evidence Used in cases involving fraud,
malice, mistake, incompetency, etc.
In these cases, it is not enough for
the plaintiff to simply prove a
preponderance of the evidence, they
must also satisfy the trier of fact
that it was very probable that the
ultimate issue to be decided (i.e.
fraud, malice, etc) was committed
by the defendant. Each party should
aim to show that it is highly
probable that what their witness
claims is what actually happened.
903.1 Direct evidence: Direct evidence is evidence of a
fact based on a witness’s
personal knowledge or
observation of that fact. A
person’s guilt of a charged crime
may be
proven by direct evidence if,
standing alone, that evidence
satisfies the factfinder (a judge
or a jury) beyond a reasonable
doubt of the person’s guilt of
that crime. (Source: NY
Criminal Jury Instructions).
903.2 Circumstantial evidence Direct evidence of a fact from
which a person may reasonably
infer the existence or
non-existence of another fact.
Guilt may be proven by
circumstantial evidence if an
inference is presented beyond a
reasonable doubt.