Federal Rule of Evidence 102 establishes a principle of flexibility in the application of the rules of evidence. A similar rule: A) exists in few state courts
Study with Quizlet and memorize flashcards containing terms like has a preconceived idea that the defendant is innocent., those representing a cross-section of the community where the trial is held., known as a peremptory challenge. and more.
Q. Possible qualifications to act as a juror: (1) citizen of the U.S., (2) 18 years old or older, (3) resident of the district in which the trial is held, and (4) of the same race as the defendant.
ask the objecting lawyer for an explanation, thereby both enabling the questioning lawyer to correct their question and limiting the objection to the grounds that were stated, but with the risk of potential coaching (or delay, if the questioning lawyer asked the witness to leave the room).
The lone case cited that found objections to the form were waived is Batelli v. Kagan & Gaines Co ., 236 F.2d 167 (9th Cir. 1956). Batelli, which was decided almost forty years before Rule 30 (c) (3) was amended, said only:
Thus, if a question is propounded in an improper form, the objection should be stated concisely on the record during the deposition in a manner that provides the questioner with a reasonable opportunity to correct the form of the question. Failure to do so waives the objection.
Most motions for sanctions arising from depositions involve the lawyer defending a witness interjecting themselves into the deposition with speaking objections that are either so numerous that they obstruct the deposition or are so verbose that they coach the witness into giving a different answer.
As Federal Practice and Procedure § 2156 recognized, The application of Rule 32 (d) (3) may be affected by the 1993 amendment to Rule 30 (c) (3), which directs that objections be “stated concisely in a nonargumentative and nonsuggestive manner.”.
Batelli, which was decided almost forty years before Rule 30 (c) (3) was amended, said only: Batelli’s objection, if any , related to the form of the questions propounded to Kagan which permitted him to incorporate in this deposition the answers relating to damages given in a prior deposition.
Simply stating “objection to form” does not necessarily preserve the objection. When “objection to form” does not indicate what is wrong with the form so that the questioner can correct the problem, it becomes nothing more than a statement that the objector finds the question “objectionable.”.
After the defense attorney has completed his or her cross-examination, the judge will permit the prosecuting attorney to further question the witness. This questioning is known as:
his or her failure to do so may not be commented on by the prosecution.
the defense may present evidence in its own behalf.
After the defense attorney has completed his or her cross-examination, the judge will permit the prosecuting attorney to further question the witness. This questioning is known as:
his or her failure to do so may not be commented on by the prosecution.
the defense may present evidence in its own behalf.