Evidence Big Picture TEST #1: Form Question? Objections to Form of Question LEADING ARGUMENTATIVE CALLS FOR SPECULATION MISLEADING ASKED & ANSWERED LACK OF FOUNDATION. COMPOUND NONRESPONSIVE ASSUMES FACTS NOT IN EVID. CONCLUSIONARY CALLS FOR NARRATIVE HARASSING / EMBARRASSING Has Counsel Asked a 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 SN see TEST #3: Presentation Opinion Witness Lay 0} eee haenaae a || Comer mapeosetme TA cae evidence Expert Opinion i ekiacs Can Be Impeached MUST 8 QUALIFIED mm TEST #4: Hearsay Tmamaterial Exceptions: | | excited unerance ‘Admissible Hearsay Party Admissions Seriness & Offa) Party, Viea., Former , ceed ‘Testimony Unavaitability | | sox Conciton Dying Gee., Former | | Areient / Learned Testimony, Statement | | Docs Against interes | | Present State of Mind Percipient Witness General Rule: OUT-OF-COURT STATEMENT TO PROVE TRUTH OF THE MATTER: INADMISSIBLE HEARSAY Does It Sound Like Hearsay? Faxieral Catch- All ‘Source of Law (NO FEDERAL RULES IF Nor, YOU'RE BONE brengancceley <0m