Glossary of AMTA rules of evidence 04-05 article I
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- 101. Scope
these rules govern proceedings in the courts of the state of midlands
- these rules govern proceedings in the courts of the state of midlands
- Rule 102. Purpose and Construction
- These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
- Rule 103. Rulings on Evidence
(a) Effect of Erroneous Ruling
- Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected
- 103.a.1 objection
- In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context
- 103.a.2 offer of proof
- In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
- 103.a.3 use of evidence not admitted
- Notwithstanding an offer of proof made, materials ruled inadmissible or stricken by the court, may not be used in closing argument.
- 103.c hearing of jury
- In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
- 103.d plain error
- Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.
- Rule 104. Preliminary Questions
a. Questions of admissibility generally
- Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.
- 104.b relevancy conditioned on fact
- When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
- 104.e weight and credibility
- This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility
- 106. Remainder of or Related Writings or Recorded Statements
- When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it
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