Evidence Big Picture TEST #1: Form Has Counsel Asked a Question? Objections to Form of Question LEADING ARGUMENTATIVE CALLS FOR SPECULATION ae MISLEADING ASKED & ANSWERED LACK OF FOUNDATION ear COMPOUND. NONRESPONSIVE ASSUMES FACTS NOT IN EVID. CONCLUSIONARY CALLS FOR NARRATIVE HARASSING / EMBARRASSING TEST #2: Relevance General Rule: Character Evidence & Excluded, though relevant, if: TENDS TO PROVE Similar Occurrences Unfair Prejudice or OR DISPROVE A IRRELEVANT To PRESENT ISSUE; Policy Exceptions MATERIAL FACT ALLOWABLE PURPOSES & EXCEPTIONS = : Real Evidence Authenticity % Must Be Competent | | usuaity maomissio¥e : Judicial Notice PERS. KNOWLEDGE & TRUTH oe Best Evidence Expert Opinion Parol Evidence Burden of Proof Can Be Impeached MUST BE QUALIFIED Prasuraptians General Rule: Availability ‘our-oF-courr Immaterial STATEMENT 0 PROVE cited Utterance TRUTH OF THE MATTER Past Recolecton INADMISSIBLE HEARSAY Recorded Present Sense impr Does It Sound ry Admissions Business & Official Like Hearsay? cy, Var. Rima Records ‘fesumany Unavailability | | Seay Condition | Dying Dee., Former | | Ancient / Learned Prior Witness Statement | | Testimony, Statement| | Does TF NOT, Move ON inconsistent, Rebu ‘gains interes | | Present State of Mind = Hants Rebtial LD, Federal Catch-All Does a Privilege Apply? ‘Source of Law (ena) aetarelaw 1. faiuuRe Toca evens) 2-visciosuRE IF NOT, 3.61 ConrRacT YOU'RE DONE brendanconley.com