CHAPTER 8 Witness Evidence
Jurisdiction | United States |
I. Motion Authorities
A. Motion to Exclude Improper Expert Opinion
1. Suggested Motion TextB. Motion to Exclude Testimony of Nonqualified Expert
2. Motion Summary
3. Supporting Authorities
a. Not Reliable4. Opposing Authorities
b. Hypothetical Questions
c. Inadmissible Hearsay
i. Opinions of Othersd. Legal Questions
ii. Statements of Others
iii. Treatises, Documents, and Texts
i. Compare: Ultimate Issuese. Matters of Common Experience
f. Not Reasonably Relied on by Experts
g. Not Perceived or Personally Known
h. Speculation or Conjecture
i. Usurping Jury Function
j. Irrelevant Matters
k. Conclusory Testimony
l. Burden of Proof
m. Other Grounds
a. Hearsay
i. Statements of Othersb. Hypothetical Questions
ii. Treatises, Documents, and Texts
c. Legal Questions vs. Ultimate Issues
1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities
a. Examples4. Opposing Authorities
b. Qualification of Experts in Health Care Liability Cases
i. Examplesc. Other Grounds
a. Health Care Liability Cases
C. Motion to Exclude Opinion of Nonexpert
1. Supporting Motion TextD. Motion to Exclude Testimony of Incompetent Witness
2. Motion Summary
3. Supporting Authorities
a. Lack of Personal Knowledge4. Opposing Authorities
b. Legal Opinions
c. Not Based on Perceptions of Witness
d. Not Helpful to Jury
e. Speculative or Conjectural
f. Other Grounds
a. Sanity/Mental Condition or Capacity
b. Health
c. Age, Size, Quality
d. Damages
e. Personal Knowledge
f. Causation
g. Hearsay
1. Suggested Motion TextE. Motion to Exclude Testimony of Judge, Arbitrator, Mediator, or Juror
2. Motion Summary
3. Supporting Authorities
a. Inability to Express or Tell Truth4. Opposing Authorities
i. Childrenb. Lack of Mental Competence/Insanity
c. Lack of Personal Knowledge of Subject Matter
d. Other Grounds
a. Children
b. Mental Competence/Insanity
c. Dead Man's Rule
1. Suggested Motion TextF. Motion to Exclude Witness From Courtroom Prior to Testifying
2. Motion Summary
3. Supporting Authorities—Judges
a. Arbitrators4. Opposing Authorities—Judges
b. Jurors
a. Arbitrators
b. Jurors
1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities
4. Opposing Authorities
a. Cannot Exclude a Party
b. Exclusion of Testimony Is Improper
c. Welfare of a Child
G. Motion to Exclude Comment on Exercise of Privilege Not to Testify...
1. Suggested Motion Text
2. Motion Summary
3.
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- Chapter 8 Witness Evidence
- CHAPTER 8 Witness Evidence
- CHAPTER 8.I. Motion Authorities
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