Evidence Attack Outline

Approximately 1/3 of MBE Evidence questions are on Presentation of Evidence, 1/3 on Hearsay, and 1/3 on other categories.

I. Presentation of Evidence

A. Introduction of Evidence

• Personal Knowledge: Witness must have personal knowledge from senses, relevant, under oath.

• Refreshing Recollection:

• Generally, witness cannot read from writing.

• Can use items to refresh present recollection.

• Any item can be used if for refreshment, not jury exposure.

• Exception: Witness exhausted unrefreshed memory, item shown to opposing counsel, marked as exhibit. Cannot be read to jury.

• Objections & Offers of Proof:

• Objections: Made by party when evidence submitted without showing admissibility.

• Offers of Proof: Explana