Exhibits
This presentation is the property of its rightful owner.
Sponsored Links
1 / 17

EXHIBITS PowerPoint PPT Presentation


  • 76 Views
  • Uploaded on
  • Presentation posted in: General

EXHIBITS. Arkansas Legal aid October 17, 2013 by Michael Johnson AND PAULA CASEY. PURPOSE?. Why do you want the exhibit? What will you say to the jury in closing about it? Who do you need as a witness to do that? What do you need to be true about the exhibit to do that? (Foundation).

Download Presentation

EXHIBITS

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Exhibits

EXHIBITS

Arkansas Legal aid

October 17, 2013

by Michael Johnson AND PAULA CASEY


Purpose

PURPOSE?

  • Why do you want the exhibit?

  • What will you say to the jury in closing about it?

  • Who do you need as a witness to do that?

  • What do you need to be true about the exhibit to do that? (Foundation)


Six steps for exhibits

Six Steps for Exhibits

  • MARK it for identification

  • SHOW it opposing counsel

  • GIVE it to the witness

  • LAY the FOUNDATION

  • MOVE it into evidence

  • PUBLISH it


1 mark the exhibit

1. MARK the EXHIBIT

  • Pre-mark if the Court permits

  • The exhibit becomes a distinct item, with a unique name for the record

    • “Marked for identification as Exhibit 1”

  • Introducing exhibits in sequence does not matter


2 show to opposing counsel

2. SHOW to opposing counsel

  • Counsel has a right to see and examine exhibit

  • “Let the record reflect that I am showing what has been marked for identification as Exhibit 1 to opposing counsel”

  • Opposing Counsel: always physically take control of the exhibit and inspect it


3 give to the witness

3. GIVE to the witness

  • Ask judge’s permission to approach the witness

  • Tell the jury (and the record) what you are doing

    • “I am handing you what has been marked for identification as Exhibit 1”

    • First Question: “WHAT IS IT?”


4 lay the foundation

4. LAY the FOUNDATION

  • Two admissibility requirements:

    • Relevance

    • Foundation pursuant to evidentiary rules

      • Authenticity

      • Hearsay/Best Evidence


5 move exhibit into evidence

5. MOVE exhibit into evidence

  • “We move for admission of Exhibit 1 into evidence”

  • “We offer Exhibit 1 into evidence”


6 publish the exhibit

6. PUBLISH the exhibit

  • USE IT

    • Have witness testify about it

    • Show it to the jury

      • Display by computer, ELMO, etc.

      • Give it to the jury

      • Have witness read it


Relevance

RELEVANCE

  • FRE 401: “any tendency to make a fact [of consequence] more or less probable than it would be without the evidence”

  • Connect the EXHIBIT to the case

    • Temporal connection

    • Party connection

    • Subject matter connection


Authenticity

AUTHENTICITY

  • FRE 901(a): “…sufficient evidence to support a finding that the item is what the proponent claims it is.”

  • FRE 901(b): 10 examples of authenticating items

  • FRE 902: Evidence that is Self-Authenticating


Authenticity1

AUTHENTICITY

  • Uniqueness

    • Some items are “unique” by their nature

      • Only have to be “unique” to the witness identifying it

    • “Marking “ item makes it unique

      • Police procedures

      • “Bates” stamps

  • Chain of custody

    • Proof that an item is what it is claimed to be by tracing

    • Also utilized for perishable items to prove the item is unaltered


Foundations

FOUNDATIONS

  • Real evidence

    • “same condition” as it was at “relevant time”

    • “unadulterated” if it is a perishable

      • Drugs

      • Products

    • “Fair and accurate representation” at relevant time for photograph


Foundations1

FOUNDATIONS

  • Contents of documents

    • Purpose for admission?

    • Hearsay exception

      • Business record (FRE 803(6))

      • Public record (FRE 803 (8))

    • Best Evidence Rules (FRE 1001-1005)


Objections to exhibits

OBJECTIONS TO EXHIBITS

  • Relevance

  • FRE 403: Balancing between PROBATIVE VALUE and

    • Unfair prejudice

    • Cumulative

    • Waste of time

    • Confusing and Misleading the Jury


Objections to exhibits1

OBJECTIONS TO EXHIBITS

  • Curable Objections

    • Witness lacks personal knowledge

    • Improper Foundation

  • Proponent has the right to know what is lacking—

    • Ask through the judge what aspect of foundation opposing counsel contends is missing


Voir dire

VOIR DIRE

  • Opponent of exhibit may question witness as to foundational elements, including personal knowledge, before stating whether he/she objects to the admission of the exhibit

  • Cross-examination technique

  • Cannot go into substantive issues


  • Login