Trial Evidence Series Archives » Alameda County Bar Association

Trial Evidence, Part 11: Using Character Evidence for “Non-character” Purposes

acbanews — Thu, 17 Dec 2015 19:09:23 +0000

California Evidence Code section 1101(b) and its federal counterpart, FRE 404(b), allow the attorney to offer into evidence similar behavior of a person or entity if “relevant to prove some fact (such as motive, opportunity….) other than his or her disposition to commit such an act.” In doing so, these rules provide both significant opportunity […]

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Trial Evidence Series, Part 10: Character Evidence in Civil Trials

acbanews — Fri, 11 Sep 2015 18:14:52 +0000

Character evidence is evidence that suggests that a person or entity has a propensity to act in a certain way. It’s powerful evidence, so powerful that it tends to overwhelm everything else. In addition, opening up the issue of someone or something’s character can be very time-consuming. And the legal issues are complicated. Accordingly, judges […]

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Trial Evidence Series, Part 9: Impeachment

acbanews — Wed, 08 Jul 2015 16:05:00 +0000

When you cross-examine a witness, you’re generally trying to (1) elicit relevant information, or (2) impeach the witness's credibility. Key to impeaching a witness is control. It’s usually best, therefore, to ask only those questions to which you can correctly anticipate the answers.

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Trial Evidence Series Part VIII – Form of the Question: Cross-Exam

acbanews — Fri, 10 Apr 2015 20:11:00 +0000

This is the eighth article in the ongoing series on trial evidence by Tim Hallahan.

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Trial Evidence Part 7: Competence and Opinion

acbanews — Fri, 06 Feb 2015 19:55:34 +0000

by Tim Hallahan Competence Competence relates to witnesses, not to evidence. Two issues arise: (1) Is the witness competent to testify about a particular subject? (2) Is she competent to testify at all? Competence as to Subject Matter The offering party must provide sufficient evidence of a witness’s personal knowledge of the facts about which […]

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Trial Evidence Skills Series: Part VI

acbanews — Tue, 30 Dec 2014 18:30:17 +0000

Exhibits This article is the sixth in a multi-part series on trial evidence. Exhibits are crucial in most trials: they seem to have more inherent credibility than oral testimony, they go into the jury room or judge’s chambers when the verdict is being decided, most people learn and retain five times better from their eyes […]

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TRIAL EVIDENCE SKILLS, PART V

acbanews — Tue, 16 Dec 2014 18:31:24 +0000

Hearsay Exceptions This article is the fifth in a multi-part series on trial evidence. Hearsay exceptions are based on a combination of reliability and need. The justification for most exceptions is that cross-examination is unnecessary to test one or more of the out-of-court declarant’s four testimonial capacities–perception, memory, communication, sincerity. For example, statements of presently […]

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Trial Evidence Skills, Part IV

acbanews — Tue, 10 Jun 2014 18:45:59 +0000

Hearsay Hearsay is the second core trial evidence issue (after Relevance) and probably the most misunderstood. The difficult issue with hearsay is not whether one of the many exceptions apply–they’re straightforward and easy to get a handle on. The hard part of hearsay is identifying whether or not a statement is hearsay to begin with.The […]

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TRIAL EVIDENCE SKILLS, PART III

acbanews — Fri, 28 Mar 2014 19:47:25 +0000

Form of Question: Direct Examination Form of the question objections are mostly based on California Evidence Code section 765 and Federal Rule of Evidence 611(a). These provisions give the trial judge overall control over the trial so as to maximize speedy ascertainment of the truth and minimize witness harassment. Specific form objections that may arise […]

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Trial Evidence: Part Two

acbanews — Fri, 14 Mar 2014 22:00:27 +0000

If you want to be an effective trial advocate, you must understand the issue of relevance. Such understanding will boost your chances of persuading a judge to admit or deny questionable evidence and will help you plead and structure your entire case. To be relevant at trial, evidence must be probative of: (1) a witness’s credibility, […]

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