Preliminary Matters

Question 1

Requirements for a Party to Claim Error

Answer 1

MUST affect a substantial right of the party.

If the ruling admitted evidence, a party, on the record must: Rule 103(a)(1)

1. timely object or move to strike AND
2. state the specific ground, unless it was apparent from the context

If the ruling excluded evidence, the party must inform the court of its substance by an offer of proof, unless the substance was apparent from the context. Rule 103(a)(2)

Question 2

Does a party have to renew an objection or offer of proof to preserve a claim of error for appeal?

Answer 2

No, as long as the court definitively ruled on the record. If no definitive ruling, the party should renew and press for one. Rule 103(b).

Question 3

What if the party did not properly claim error? Any recourse?

Answer 3

The court can take notice of plain error affecting a substantial right, even if the claim wasn’t properly preserved.

Question 4

What is the standard of review for evidentiary issues on appeal?

Answer 4

abuse of discretion

harmless errors aren’t reversed

Question 5

Is the court bound by the FRE in deciding preliminary questions?

Answer 5

No - Rule 104

If offered on good faith basis evidence will become relevant due to some other fact, it’s ok.

Question 6

What should the court do if evidence is admissible against one party but not the other?

Answer 6

It must issue a timely limiting instruction as to the proper scope. Rule 105

Question 7

What if the other party offers part of a written or recorded statement?

Answer 7

Rule of Completeness - Rule 106
Adverse party may require the introduction at any time of any other part of that statement that in fairness ought to be considered.