1. BROAD RULES THAT SUPPORT OBJECTIONS IN LOTS OF SITUATIONS (always look for them)
a) Substantive rules make good objections
---- IRRELEVANT, or more likely, RULE 403 CONFUSION OF ISSUES, MISLEADING, WASTE OF TIME
---- PREJUDICIAL (Rule 403)
---- NO FOUNDATION SHOWING PERSONAL KNOWLEDGE (except experts)
b) Procedural rules make weak objections because easily corrected
---- LEADING (except on cross)
2. BROAD RULES THAT RARELY SUPPORT OBJECTIONS (look for them anyway)
---- WITNESS IS INCOMPETENT TO TESTIFY (most witnesses are competent)
---- IRRATIONAL / SPECULATIVE OPINIONS (most opinions are admissible)
3. NARROW RULES THAT SUPPORT OBJECTIONS IN SPECIFIC SITUATIONS
a) Those that are easy to spot
---- INSURANCE (411)
---- OFFERS OF COMPROMISE / OFFERS TO PAY DAMAGES (408-409)
b) Those that are hard to spot
---- CHARACTER -- look for evidence of patterns of behavior
---- REMEDIAL MEASURES -- look for steps taken after the event
c) Those that arise whenever an exhibit is offered
---- AUTHENTICATION (901-902)
---- FAILURE TO LAY HEARSAY EXCEPTION FOUNDATION
d) Objections to expert witnesses
---- IRRELEVANT BECAUSE NO ISSUE ON WHICH EXPERT WOULD BE HELPFUL
---- NO PROOF OF QUALIFICATIONS
---- LACK OF ADEQUATE DATA
---- NO FOUNDATION OF SCIENTIFIC RELIABILITY
---- NO FOUNDATION THAT RELIABLE PROCEDURES WERE FOLLOWED
B. RESPONSES
1. OPTIONS
a) NOT WITHIN DEFINITION. The evidence does not fall within the definition of what is excluded.
b) NOT FOR PROHIBITED PURPOSE. The evidence is not offered for the purpose mentioned in the rule, but is offered for a different purpose
c) EXCEPTION. The evidence falls into a specific exception to the rule.
d) FOUNDATION LAID. All foundation requirements for admissibility have been met
e) A DIFFERENT RULE APPLIES. A different, more specific rule says the evidence is admissible.
2. RULES INVOKED PRIMARILY AS RESPONSES TO OBJECTIONS
a) IMPEACHMENT (response to relevance, character, hearsay and personal knowledge objections)
---- BIAS
---- CONVICTIONS/BAD ACTS
---- PRIOR INCONSISTENT STATEMENT
---- MENTAL/PHYSICAL PROBLEMS
b) RULE 404(b) (response to character or relevance objection)
c) HABIT, CUSTOM (response to character objection)
d) RULES OF EVIDENCE DON'T APPLY WHEN LAYING FOUNDATIONS (Rule 104)
C. UNIQUE RULES
1. HEARSAY (documents, conversations)
a) Objection
---- "Hearsay" used as objection when no foundation for exception laid
b) Response
---- Does not fit definition of hearsay
---- Exempted from hearsay under 801(d), usually admissions of opposing party
---- Falls into an exception under 803 or 804
c) Reply
---- Foundation not laid
---- Crawford not complied with (Confrontation Clause)
d) Rare
---- Residual exception, Rule 807
2. PRIVILEGE -- Tracks hearsay. Applies to documents and testimony about conversations.
3. JUDICIAL NOTICE -- Triggered by request that court take notice, not an objection
4. REMAINDER RULE -- Rule 106 applies to documents & recordings; common law to conversations.
D. RULE THAT ALMOST NEVER APPLIES TO ANYTHING
ORIGINAL DOCUMENT RULE (Rules 1001-1007)
E. REMEMBER
1. THE RULES ARE NOT MUTUALLY EXCLUSIVE -- hearsay must be relevant, an expert opinion could be too prejudicial, a question that asks for an opinion could be leading, a witness asked to authenticate an exhibit may lack personal knowledge, etc.
2. USE PROPER OBJECTION FORM - timely, specific, motion to strike