CLJ 3B Q.8

When a motion is based on facts not appearing of record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

• Evidence on question

• Evidence on court

• Evidence on motions

• Evidence on trail

As regards the testimony of the witness, the offer is to be made at the time:

• the witness is called to rest.

• after the presentation of a party's testimonial evidence.

• the witness is called to testify.

• the witness is called to clarify.

Evidence of whatever description must yield to the extent that it conflicts with admitted or clearly established facts.

• Falsus in unos, falsus in omnibus

• Admitted Facts Rule

• Parliamentary rule

• Equipoise rule

It is a procedure whereby a party asserts that the witness cannot answer the question for the reason stated in his or her objection.

• Authentication

• Objection

• Identification

• Offer

Objections may be made for any of the following purposes, except:

• To keep out inadmissible evidence that would cause harm to a client's cause.

• To protect a witness from being embarrassed on the stand or from being harassed by the adverse counsel.

• To expose the adversary's fair tactics.

• To avoid a waiver of the inadmissibility of an otherwise inadmissible evidence.

An objection that do not clearly indicate to the judge the ground upon which the objections are predicated.

• General

• Specific

• Formal

• Substantial

Proof that the document being offered is the same one referred to by the witness in his testimony.

• Marking

• Identification

• Inspection

• Objection

This is necessary because it is the duty of the court to rest its findings of fact and judgment only and strictly upon the evidence offered by the parties.

• Offer of evidence

• Objection of evidence

• Authentication of evidence

• Presentation of evidence

It is evidence of the highest order and prevails over contrary testimonial evidence.

• Object

• Documentary

• Testimonial

• Character

It is proof of document‘s due execution and genuineness.

• Authentication

• Marking

• Identification

• Objection