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A voluntary agreement entered into between counsel for he parties to a litigation respecting some matter that is before the trial court.
Stipulations can apply to evidence or procedure |
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| Fed. R. Civ. P. 29 - for the stipulation to be discernible part of the record it is required to be in writing. |
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| act to admit or concede specified facts - avoiding the burden of making a full-scale proof. Once made, it acts to prevent others from disputing it unless vacated by the judge. It is identical to an admission contained in a pleading. |
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| Suggests its own answer - Fed. R. Evid. 611 (c) |
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| Leading Questions (when permissible) |
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Definition
| PUSLRHH (Preliminary Matters, Undisputed matters, Surpise answers in direct examination, limited capacity, refresh recollection, hostile, and hypothetical) |
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| Fed. R. Evid 702 - witness may be qualified as an expert "by knowledge, skill, experience, training, or education" |
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| 4 conditions of an expert witness stating an opinion or conclusion... |
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1.) validity depends on special skills, knowledge, training not found in lay juror.
2.) witness is qualified as an expert in the field
3.) reasonable degree of certainty in the testimony
4.) C.L. must describe the conditions they base their conclusions on. |
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| 3 approaches to use with expert witnesses... |
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Definition
1.) express opinions based on direct observation or with additional facts provided by another expert.
2.) expert present in court can testify on UNDISPUTED evidence only
3.) can base an opinion on evidence in the record only. |
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| A cross examination of an expert witness' qualifications |
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| witness may be qualified as an expert "by knowledge, skill, experience, training, or education" |
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| May an expert testify without disclosing the facts or data? |
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Definition
| Fed. R. Evid. 705 - "The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise." |
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| What do experts base their opinions on? |
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Definition
| Fed. R. Evid. 703: Expert can base his testimony on facts or data perceived |
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| When was the Fed. R. Evid. instituted? |
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| When was the Fed. R. Evid. adopted in Arizona (with some slight changes)? |
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