Administrative Rules of the Unified Court System Uniform Rules of the Trial Courts.OandB-Blog-22-1024x683.jpg' alt='Difference Between Summary Trial And Summary Judgment Denied' title='Difference Between Summary Trial And Summary Judgment Denied' />Trial Handbook Ervin A.Gonzalez. Trial Objectives To be successful in trial, you should know your Rules like the back of your hand.A trial attorney must be able to understand the Rules of Evidence and know how to use them.Failure to fully understand the Rules will place your client at a disadvantage and it helps your opponent while aggravating the judge in your case.The best way to learn the Rules is to read them, then apply what you have learned.This outline discusses some of the Evidence Rules, cases and trial objections that you should familiarize yourself with before starting trial.A. Rulings on Evidence.Florida Statutes Section 9.De. Luca v. State, 3.So. 2d 2. 12 Fla.DCA 1. 98. 0, rev.So. 2d 1. 10. 8 Failure to object at trial contemporaneously with admission of contested evidence is waiver of right to appellate review of issue.B. Judicial Notice.Florida statutes Sections 9.Mc. Daniels v. State, 3.So. 2d 2. 59 Fla.DCA 1. 98. 0 Judicial notice may be taken of matters that are commonly known, but may not be used to dispense with proof of essential facts that are not judicially cognizable Carson v.Gibson, 5. 95 So.Fla. 2nd DCA 1. 99.Stipulation alone does not provide evidentiary basis for judicial notice of evidence not otherwise properly before the court.C. Presumptions.Florida Statutes Sections 9.Insurance Co. of State of Pa.Guzmans Estate, 4.So. 2d 5. 97 Fla.DCA 1. 98. 2 Presumptions that affect the burden of producing evidence facilitate determination of issues and negate the necessity of proof absent contradictory evidence.D. Relevant Evidence and Admissibility of Certain Types of Evidence. Habbo Hotel 100 Credits Code . Florida Statutes Sections 9.Howard v. State, 6.So. 2d 4. 84 Fla.DCA 1. 99. 3 Relevancy determinations are within trial courts discretion and absent clear abuse of discretion such rulings will not be overturned.E. Privileges. Florida Statutes Section 9.State v. Castellano, 4.So. 2d 4. 80 Fla.DCA 1. 98. 4 Privileges in Florida are no longer creatures of judicial decision rather, they are statutorily limited.F. Witnesses Who May Testify and Exclusion of Witnesses.Florida Statutes Section 9.Baker v. State, 6.So. 2d 1. 99 Fla.DCA 1. 99. 6 Competency of witness to testify is determination left to sound discretion of trial court, and absent abuse of discretion, trial courts decision will not be disturbed.G. Expert Witnesses.Florida Statutes Sections 9.State v. Du. Pont, 6.So. 2d 4. 05 Fla.DCA 1. 99. 5Expert may base opinions on facts which are not necessarily admissible evidence, but expert witness may not be used as a conduit to introduce otherwise inadmissible hearsay.H. Hearsay. Florida Statutes Sections 9.Peterka v. State, 6.So. 2d 5. 9 Fla. Hearsay rule prevents admission of out of court statements to prove fact through extrajudicial statements, but out of court statement may be admitted for a purpose other than proving truth of matter asserted if statement is relevant to prove a material fact and is not outweighed by any prejudice.I. Authentication and Introduction of Documents and Photographs.Florida Statutes Sections 9.Mills v. Barker, 6.So. 2d 1. 05. 4 Fla.DCA 1. 99. 5 Authentication or indemnification of evidence is required as condition precedent to its admissibility evidence may be authenticated either by using extrinsic evidence or by showing that it meets requirements for self authentication.J. Public Records.Florida Statutes Section 9.Tuten v. Gazan, 1.Fla. 7. 51 Fla. 1.Certified copies of public records and papers lawfully kept in the office of the Secretary of State are admissible without evidence as to the whereabouts of the originals.II. FLORIDA EVIDENTIARY TRIAL OBJECTIONSA.AMBIGUOUS. Confusing question in that it is capable of being understood in more than one sense.Fla. Stat. 9. 0. B.ARGUMENTATIVE. Counsels question is really argument or b excessive quibbling with witness.Fla. Stat. 9. 0. C.ASKED AND ANSWERED.Unfair to allow counsel to emphasize evidence through repetition.Fla. Stat. 9. 0. D.ASSUMES A FACT NOT IN EVIDENCE.Fact not testified to but contained in the question.Fla. Stat. 9. 0. E.AUTHENTICATION LACKING.Proof must be offered that the exhibit is in fact what it is claimed to be.Fla. Stat. 9. 0. F.BEST EVIDENCE RULE.If rule applies, original document must be offered or its absence accounted for.If contents of document are to be proved, rule usually applies.Fla. Stat. 9. 0. G.BEYOND SCOPE of direct, cross direct, etc.Question unrelated to preceding examination by opposing counsel.H. COMPOUND. More than one question contained in the question by counsel.Fla. Stat. 9. 0. I.CONCLUSION. Except for an expert, witness must testify to facts within personal knowledge.Fla. Stat. 9. 0. J.CONFUSING AND UNINTELLIGIBLE.Unfamiliar words disjointed phrases or questions confuse facts or evidence.Fla. Stat. 9. 0. K.COUNSEL TESTIFYING.Counsel is making a statement instead of asking a question.Fla. Stat. 9. 0. L.CUMULATIVE. Repeated presentation of the same evidence by exhibits or by more witnesses.Fla. Stat. 9. 0. M.FOUNDATION LACKING.No proper foundation for testimony or exhibit.Fla. Stat. 9. 0. N.IMPEACHMENT BY IMPROPER MEANS.Methods of impeachment are limited and specific.Fla. Stat. 9. 0. O.IMPROPER CHARACTERIZATION.Counsels question or witnesss response has characterized a person or conduct with unwarranted argumentative, impertinent or conclusionary language.Fla. Stat. 9. 0. P.IRRELEVANT. Would not tend to prove or disprove a material fact.Motion to strike may be appropriate.Fla. Stat. 9. 0. Q.LEADING. Form of question tends to suggest answer.Fla. Stat. 9. 0. R.MISQUOTING WITNESS.Counsels question misstates prior testimony of witness.Fla. Stat. 9. 0. S.NARRATIVE. Question is broad or covers such a large time period would allow witness to ramble and preserve hearsay or irrelevant evidence.Fla. Stat. 9. 0. T.OPINION. Lay opinion which beyond the scope permitted by Fla.Stat. 9. 0. 7. 01 personal knowledge lacking of expert witness has not been qualified such.Fla. Stat. 9. 0. U.PREJUDICE OUTWEIGHED PROBATIVE VALUE.The probative value of the evidence is far outweighed by the prejudicial effect of the evidence.Must apply to exhibits as well as testimony.Fla. Stat. 9. 0. V.PRIVILEGED. Answer would violate valid privilege lawyer client, husband wife, clergyman, etc.Fla. Stat. 9. 0. 5.W. SPECULATION AND CONJECTURE.Question allows witness who lacks personal knowledge to guess.Fla. Stat. 9. 0. X.UNRESPONSIVE. Answer includes testimony not called for by the question.Especially applicable to voluntary response by hostile witness.Fla. Stat. 9. 0. Y.HEARSAY. The following section Y 1 3.NITA Florida Evidence Code With Objections, 4th Edition handbook, by Davenport and Hirsch.HEARSAY GENERALLYResponse Rule 9.The statement is not being offered for the truth of the matter asserted.Instead, it is offered to show the statement was made.The making of the statement in question is relevant to show o The effect on a person who heard the statement, oro A prior inconsistent statement, oro An operative legal fact or a verbal act, oro The knowledge of the declarant.HEARSAY NON HEARSAY PRIOR STATEMENTSResponses Rule 9.The statement is inconsistent with the testifying witnesss trial testimony, and was given under oath at an earlier proceeding or at a deposition, or The statement is consistent with the testifying witnesss trial testimony, offered to rebut an express or implied charge of recent fabrication, or improper influence or motive, or The statement by the testifying witness is one of identification of a person based on perception.HEARSAY WITHIN HEARSAYResponse Rule 9.Both statements are admissible because each either comes within a hearsay exception or is non hearsay.HEARSAY EXCEPTION ABSENCE OF ENTRY IN BUSINESS RECORDSResponse Rule 9.A business record exists, pursuant to Rule 9.The matter not recorded is of a kind for which a record would regularly be made and preserved, and The source is trustworthy.HEARSAY EXCEPTION ABSENCE OF PUBLIC RECORDS OR ENTRYResponse Rule 9.A public agency or office regularly makes and preserves records of a particular kind of matter, and The document is self certifying pursuant to Rule 9.A diligent but unavailing search of such records failed to disclose a record, report, statement, data compilation, or entry, that no such entry exists.HEARSAY EXCEPTION ADMISSIONSResponse Rule 9.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |