(4)6.2.2 Objections and Evidentiary Screening: Difference between revisions
Created page with "(a) <b>Objections</b>. During trial, counsel may raise objections regarding the admissibility, form, or relevance of evidence. The court shall rule on all objections in accordance with Title 4, Chapter 5 and applicable law. (b) <b>Types of Objections</b>. Objections may include, but are not limited to: * <b>Relevance</b> – evidence that does not make a fact of consequence more or less probable (see (4)5_Evidentiary_Screening#(4)5.1...." |
No edit summary |
||
| Line 9: | Line 9: | ||
* <b>Relevance</b> – evidence that does not make a fact of consequence more or less probable (see [[(4)5_Evidentiary_Screening#(4)5.1.1_Relevant_Evidence|(4)5.1.1]]); | * <b>Relevance</b> – evidence that does not make a fact of consequence more or less probable (see [[(4)5_Evidentiary_Screening#(4)5.1.1_Relevant_Evidence|(4)5.1.1]]); | ||
* <b>Prejudice</b> – evidence whose probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or cumulative presentation (see [[(4)5_Evidentiary_Screening#(4)5.1.2_Exclusions|(4)5.1.2]]); | * <b>Prejudice</b> – evidence whose probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or cumulative presentation (see [[(4)5_Evidentiary_Screening#(4)5.1.2_Exclusions|(4)5.1.2]]); | ||
Character or Trait Evidence – improper use to prove criminal propensity (see [[(4)5_Evidentiary_Screening#(4)5.2.1_General_Prohibition|(4)5.2.1]]); | * <b>Character or Trait Evidence</b> – improper use to prove criminal propensity (see [[(4)5_Evidentiary_Screening#(4)5.2.1_General_Prohibition|(4)5.2.1]]); | ||
* <b>Privileged Communications</b> – evidence protected under legal privilege without waiver (see [[(4)5_Evidentiary_Screening#(4)5.3.1_Privileged_Communications|(4)5.3.1]]); | * <b>Privileged Communications</b> – evidence protected under legal privilege without waiver (see [[(4)5_Evidentiary_Screening#(4)5.3.1_Privileged_Communications|(4)5.3.1]]); | ||
* <b>Authentication/Foundation</b> – lack of sufficient foundation for evidence or exhibits (see [[(4)5_Evidentiary_Screening#(4)5.3.2_Authentication_&_Foundation|(4)5.3.2]]); | * <b>Authentication/Foundation</b> – lack of sufficient foundation for evidence or exhibits (see [[(4)5_Evidentiary_Screening#(4)5.3.2_Authentication_&_Foundation|(4)5.3.2]]); | ||
Latest revision as of 19:54, 22 December 2025
(a) Objections.
During trial, counsel may raise objections regarding the admissibility, form, or relevance of evidence. The court shall rule on all objections in accordance with Title 4, Chapter 5 and applicable law.
(b) Types of Objections.
Objections may include, but are not limited to:
- Relevance – evidence that does not make a fact of consequence more or less probable (see (4)5.1.1);
- Prejudice – evidence whose probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or cumulative presentation (see (4)5.1.2);
- Character or Trait Evidence – improper use to prove criminal propensity (see (4)5.2.1);
- Privileged Communications – evidence protected under legal privilege without waiver (see (4)5.3.1);
- Authentication/Foundation – lack of sufficient foundation for evidence or exhibits (see (4)5.3.2);
- Hearsay – statements offered for the truth of the matter asserted, unless an exception applies (see (4)5.3.3).
(c) Evidentiary Screening.
The court shall pre-screen evidence to determine admissibility, ensuring:
- compliance with all standards set forth in Chapter 5;
- avoidance of undue prejudice or confusion; and
- that the evidence is properly authenticated and legally permissible.
(d) Limiting Instructions.
When evidence is admitted for a specific, non-propensity purpose, the court shall, upon request, provide a limiting instruction to the jury describing the specific permitted use (see (4)5.2.2).
(e) Judicial Rulings.
The court’s rulings on objections and evidentiary screening are binding throughout the trial. The court may reconsider rulings as necessary to preserve fairness and the integrity of proceedings.