1. HEARSAY: An out of court statement offered to prove the truth of its contents.
Common Exceptions:WHETHER OR NOT SOMETHING IS HEARSAY DEPENDS ON THE PURPOSE FOR WHICH IT IS BEING OFFERED
a. Party statementsExceptions that apply to Juvenile Court only:
b. Statement against penal or pecuniary interest
c. Business record
d. Statements for purpose of medical diagnosis or treatment
d. Business records
f. Hospital records
g. Hearsay within hearsay
a. Statements of a child about abuse 8-2372. FOUNDATION: Preliminary information necessary before a witness may answer a question. For example:
b. Court authorized reports
c. Reports submitted 30 days in advance of hearing
a. Time, placeFoundation for a photograph or drawing is that it is an accurate representation of the matter depicted in the photograph or drawing. The photographer or artist does not need to testify.
b. Background of an expert
3. ASKED AND ANSWERED: There is no specific rule which prohibits a lawyer from asking a question more than once. Technically A & A is not an objection by which a party can demand relief. However, the court has the inherent power to control the conduct of the trial. Thus, a court can limit repetitious questioning. The objection doesn't exist but it is followed anyway.
4. IRRELEVANT:
a. Immaterial --Not germane to proceeding and possibly prejudicial or5. LEADING QUESTION: Question itself suggest the answer.
b. Does not logically tend to prove fact at issue
a. Not permissible on direct or redirect examination6. MOTION IN LIMINE: Pre-hearing motion to limit prospective testimony.
b. Perfectly acceptable for cross-examination
7. PREJUDICIAL: Evidence that is otherwise admissible but its probative value is outweighed by its ability to prejudice.
8. REFRESHING RECOLLECTION:
Anything can be used as long as it is
shown to the other side.
9. STEPS TO ADMIT AN EXHIBIT:
a. Mark for identification10. LOSS OF PRIVILEGE:ARS §8-805
b. Show the other parties
c. Identify
d. Lay a foundation
e. Offer into evidence
f. Make objections
g. Judge Rules