Rule 103 Preserving Error

What is an evidentiary issue? Sense 1 -- Has the evidence persuaded the jury? Sense 2 -- Should the jury be permitted to consider the evidence?

Which do we worry about in this class? Sense 1 -- Has the evidence persuaded the jury? Sense 2 -- Should the jury be permitted to consider the evidence?

Which do we worry about in this class? Sense 1 -- Has the evidence persuaded the jury? Sense 2 -- Should the jury be permitted to consider the evidence? “Evidence” is really a course in Admissibility & Exclusion.

Suppose a Judge decides that evidence should not be considered? What can Judge do? Keep Jury from hearing it Tell Jury to disregard it Tell Jury to consider it only for limited purpose Ignore it on JAML

How does Judge keep jury from hearing evidence? What did Smith say then? Objection Hearsay Sustained

Everybody knows he is How does Judge keep jury from hearing evidence? Isn’t it true that P is a dope dealing child molester Objection Irrelevant, Prejudicial, etc. Objection Sustained Move to Strike Jury Will Disregard That Answer

Everybody knows he is Has This Prevented Jury from Considering the Evidence? Isn’t it true that P is a dope dealing child molester Is he happy?

Everybody knows he is How Does Opponent Really Keep the Jury from Considering It? Isn’t it true that P is a dope dealing child molester I Move for a Mistrial! Mistrial Granted

Jury in New Trial Never Hears the Evidence

Mr. Smith Said P was there. How Does Judge Tell Jury to Disregard Evidence What Happened Then? Move to Strike. Non-Responsive & Hearsay. Sustained. Jury Will Disregard.

Other Ways of Telling Jury to Disregard Evidence The evidence of P’s receipt of unemployment compensation is withdrawn from the case and you should not consider it in determining the amount of damages, if any, to which P is entitled. Withdrawal Instruction

Other Ways of Telling Jury to Disregard Evidence The evidence of P’s wealth is not to be considered unless you first find that P is entitled to recover punitive damages. Contingent Withdrawal Instruction

If you believe that is effective, I have a bridge for sale

Other Ways of Telling Jury to Disregard Evidence Your verdict shall be for P if you believe: D ran the red light, and D was thereby negligent, and As a direct result, P was injured. Verdict Directing Instruction Notice: I didn’t say anything about all his money!

Rule 103: Preserving Error

Preserving Error (Opponent) Substantial Right Affected, and Objection or MTS –Timely –Specific –On the Record –Unless Plain Error

Error Meter Harmless Plain Reversible

Preserving Error (Opponent) Objection is timely if –Before answer (if possible) –If not possible, Object & Move To Strike ASAP –Special Rule if Judge asked question

Preserving Error (Opponent) Objection is specific if –States a basis –It’s the right basis –It’s not too general –It’s not “masked” –It deals with partial admissibility problems

Preserving Error (Proponent) Substantial Right Affected, and Offer of proof made –Unless Exclusion is plain error, or Substance of answer apparent from –context or –question.

Problem 14A Do Problem 14A (Worksheet)

Problem 14A Do Problem 14A (Bad Objections)

Problem 14B Do Problem 14B

Problem 14B Medical Bill Drugs$1, Doctor$9, X-Ray$1, Total12, Insurance-9, Net$3,000.00

Problem 15 Do Problem 15