Midlands Rules of Evidence-Objections
unduly prejudicial - answer- Rule 403
- Probative value outweighed by unfair prejudice
hearsay objections - answer- evidence of non-witness (out of court statement) offered to
prove the truth of statement
- if not offered to prove the truth, it is NOT hearsay
- party admission and prior statements are not hearsay
non-responsive - answer- Rule 611
- an objection to the answer made by an attorney asking questions, only on cross
examination
irrelevant - answer not relevant - has no probative value (Rule 401)
immaterial - without probative weight
speculation - answer testifying to someone else's state of mind
lack of foundation - answer1) sufficient facts & data
2) reliable principles & methods
3) application of facts/data & principles/methods in a reliable fashion
lack of personal knowledge - answerthe witness has no idea what this is
Rule 401 - answertest for relevant evidence:
(a) has tendency to make fact more or less probable
(b) fact is of consequence in determining action
Rule 402 - answerrelevant evidence is admissible unless any of the following provide:
- the US constitution
- Midlands Rules of Evidence
- Other rules in Midlands
Rule 403 - answerexcluding relevant evidence for prejudice, confusion, waste of time, or
other reasons
Rule 404 - answer(a) character evidence
1) evidence of a person's character or character trait that is not admissible to prove on a
particular occasion that the person acted in accordance with character or trait
b) crimes, wrongs or other acts
unduly prejudicial - answer- Rule 403
- Probative value outweighed by unfair prejudice
hearsay objections - answer- evidence of non-witness (out of court statement) offered to
prove the truth of statement
- if not offered to prove the truth, it is NOT hearsay
- party admission and prior statements are not hearsay
non-responsive - answer- Rule 611
- an objection to the answer made by an attorney asking questions, only on cross
examination
irrelevant - answer not relevant - has no probative value (Rule 401)
immaterial - without probative weight
speculation - answer testifying to someone else's state of mind
lack of foundation - answer1) sufficient facts & data
2) reliable principles & methods
3) application of facts/data & principles/methods in a reliable fashion
lack of personal knowledge - answerthe witness has no idea what this is
Rule 401 - answertest for relevant evidence:
(a) has tendency to make fact more or less probable
(b) fact is of consequence in determining action
Rule 402 - answerrelevant evidence is admissible unless any of the following provide:
- the US constitution
- Midlands Rules of Evidence
- Other rules in Midlands
Rule 403 - answerexcluding relevant evidence for prejudice, confusion, waste of time, or
other reasons
Rule 404 - answer(a) character evidence
1) evidence of a person's character or character trait that is not admissible to prove on a
particular occasion that the person acted in accordance with character or trait
b) crimes, wrongs or other acts
