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California Evidence (4th), Presentation At Trial
I. PREPARATION FOR TRIAL
A. [§1] Manuals and Other Practice Works.
B. [§2] Particular Steps.
II. BASIC EVIDENTIARY RIGHTS
A. Party's Right To Present Evidence.
1. [§3] Civil Cases.
2. Criminal Cases.
(a) [§4] General Rule.
(b) Right to Compulsory Process.
(1) [§5] Nature of Right.
(2) Right To Discover Privileged or Protected Material.
(aa) [§6] In Camera Review.
(bb) [§7] Limitations on Right.
(3) [§8] Validity of Precluding Testimony as Discovery Sanction.
(c) Impermissible Intimidation of Defense Witness.
(1) [§9] Causing Witness To Claim Privilege.
(2) [§10] Harmless or Reversible Error.
(d) [§11] Defendant's Right To Testify.
B. Party's Right to Confrontation.
1. Civil Cases.
(a) [§12] General Rule: Witness Examined in Party's Presence.
(b) [§13] Exception: Exclusion of Testimony of Child Witness From Dependency Hearing.
2. Criminal Cases.
(a) [§14] General Right to Confrontation.
(b) [§15] Private Consultation by Judge Prohibited.
(c) Extent of Right to Face-to-Face Confrontation.
(1) [§16] When Required.
(2) [§17] Exception: Denial of Right Necessary To Further Important Public Policy.
(3) [§18] Exception: No Interference With Effective Cross- Examination.
(d) [§19] Limited Communication by Witness.
(e) [§20] No Confrontation Right for Discovery.
(f) [§21] Hearsay Rule Distinguished.
III. PROCEDURE AT TRIAL
A. [§22] In General.
B. Opening Statements.
1. [§23] Civil Cases.
2. [§24] Criminal Cases.
C. [§25] Oath of Witness.
D. Interpreters and Translators.
1. In General.
(a) [§26] Interpreters.
(b) [§27] Translator of Writings.
(c) [§28] Procedure.
2. [§29] Interpreter for Witness.
3. [§30] Interpreter for Deaf or Hearing Impaired Person.
4. Interpreter for Defendant in Criminal Case.
(a) [§31] In General.
(b) Right to Separate Interpreter.
(1) [§32] Improper Borrowing.
(2) [§33] Single Interpreter for Several Defendants.
(3) [§34] Waiver of Right.
(c) [§35] Reversible Error.
(d) [§36] Failure To Administer Oath.
(e) [§37] Challenge to Accuracy of Information.
5. [§38] Interpreter for Party in Civil Case.
6. [§39] Interpreter Where Protective Order Granted or Sought.
E. [§40] Assistance for Hearing Impaired.
F. [§41] Kinds of Examination.
G. [§42] Practice Suggestions.
IV. POWERS AND FUNCTIONS OF TRIAL JUDGE
A. [§43] In General.
B. Order of Proof.
1. Civil Cases.
(a) [§44] In General.
(b) [§45] Special Rules of Practice.
2. [§46] Criminal Cases.
C. [§47] Determination of Questions of Law.
D. Determination of Preliminary Facts.
1. In General.
(a) [§48] Nature of Problem and Code Solution.
(b) [§49] Preliminary Fact and Proffered Evidence.
(c) Hearing Outside Jury's Presence.
(1) [§50] Ordinary Cases: Judge's Discretion.
(2) [§51] Mandatory Hearing Outside Jury's Presence.
2. Facts Redetermined by Jury.
(a) In General.
(1) [§52] Rule, Theory, and Procedure.
(2) [§53] Instructing Jury.
(b) [§54] Relevancy.
(c) [§55] Prior Acts.
(d. [§56] Knowledge of Witness.
(e) [§57] Authenticity of Writing.
(f) [§58] Identity of Hearsay Declarant.
3. Facts Finally Determined by Judge.
(a) In General.
(1) [§59] Rule, Theory, and Procedure.
(2) [§60] Preliminary Fact Also in Issue.
(b) [§61] Competency of Witness.
(c) [§62] Privilege of Witness.
(d) [§63] Hearsay.
(e) [§64] Validity of Prior Conviction.
(f) [§65] Other Situations.
E. [§66] Inherent Power To Preclude Evidence.
F. Restriction of Cumulative Evidence.
1. [§67] Nature of Power.
2. [§68] Limitations on Power.
G. [§69] Limitations on Number of Experts.
H. Restriction of Rebuttal Evidence.
1. [§70] Civil Cases.
2. Criminal Cases.
(a) [§71] Improper Rebuttal by Prosecution.
(b) [§72] Proper Rebuttal by Prosecution.
I. Exclusion of Witnesses.
1. [§73] Discretion To Exclude.
2. [§74] Sanctions for Disobeying Exclusion Order.
3. [§75] Discretion To Allow Witness To Remain.
J. Examination of Witnesses.
1. Judge's Control Over Counsel's Examination.
(a) [§76] Order of Examination.
(b) [§77] Mode of Interrogation.
(c) [§78] Reexamination and Recall.
(d) [§79] Attorney's Consultation With Defendant.
2. Examination by Judge.
(a) [§80] In General.
(b) [§81] Illustrations.
(c) [§82] Improper Suggestion of Partisanship.
3. [§83] Judge's Power To Call New Witnesses.
4. [§84] Court Trial of Infraction.
5. Questioning by Jurors.
(a) [§85] Questions Submitted by Jurors.
(b) [§86] Direct Questioning Improper.
K. [§87] Instructions to Jury.
V. DETERMINATION OF CREDIBILITY AND WEIGHT
A. [§88] Role of Jury.
B. Sufficiency of One Witness.
1. [§89] General Rule and Illustrations.
2. When Testimony May Be Disregarded.
(a) [§90] In General.
(b) [§91] Inherent Improbability.
(c) [§92] Interest of Witness.
(d) [§93] Other Circumstances.
(e) [§94] Manner of Testifying.
(f) [§95] Opinion Unsupported by Facts.
3. Statutory Requirements of Corroboration.
(a) Testimony of Accomplice.
(1) [§96] Statutory Rule.
(2) Who Are Accomplices.
(aa) [§97] In General.
(bb) [§98] Wrongdoers Who Are Not Accomplices.
(cc) [§99] Minor Victims.
(dd) [§100] Distinction: Mere Presence at Scene.
(ee) [§101] Distinction: Feigned Accomplice.
(3) [§102] Procedure in Determining Issue.
(4) Nature of Corroboration Required.
(aa) [§103] In General.
(bb) [§104] Sufficient Corroboration.
(cc) [§105] Use of Accomplice's Testimony.
(5) [§106] Extrajudicial Statement as Testimony.
(b) [§107] Treason, Solicitation, False Pretenses, and Perjury.
C. Evidence Viewed With Distrust.
1. [§108] Testimony of Accomplice.
2. [§109] Testimony of In-Custody Informant.
3. Witness False in Part.
(a) [§110] Nature of Instruction.
(b) [§111] Testimony of Single Witness.
(c) [§112] Rejection Not Substitute for Affirmative Evidence.
4. [§113] Oral Admissions.
5. [§114] Weaker Evidence Offered.
D. Evidence Suppressed in Civil Cases.
1. [§115] Adverse Inference Permissible.
2. [§116] Illustrations of Proper Inference.
3. Tort Action for Spoliation of Evidence.
(a) Intentional.
(1) [§117] Spoliation by Party to Action.
(2) [§118] Spoliation by Third Party.
(b) [§119] Negligent.
4. [§120] Justifiable Failure To Produce.
E. Evidence Suppressed in Criminal Cases.
1. Suppression by Prosecution.
(a) [§121] General Duty To Disclose.
(b) [§122] Reversible Error.
(c) [§123] Not Reversible Error.
2. Destruction of Physical Evidence.
(a) Duty To Preserve Evidence.
(1) [§124] Former California Law.
(2) [§125] Federal Law.
(3) [§126] Current California Law.
(4) [§127] Illustrations.
(b) [§128] Authorized Destruction.
(c) [§129] Duty To Advise of Destruction.
3. Making Witness Unavailable.
(a) [§130] Standards of Materiality.
(b) [§131] Applicable Standard in California.
4. [§132] Justifiable Failure To Produce.
5. [§133] Failure To Gather Evidence.
6. Raising Suppression Issue.
(a) [§134] Defendant's Obligations.
(b) [§135] Procedure for Raising Issue.
7. [§136] No Sanction Other Than Suppression of Related Evidence.
8. [§137] Suppression by Defendant.
F. Sufficiency of Circumstantial Evidence.
1. Civil Cases.
(a) [§138] Test of Sufficiency.
(b) [§139] Conflicting Inferences.
(c) Inference Based on Inference.
(1) [§140] General Rule of Admissibility.
(2) [§141] Exception: Remote or Conjectural Inference.
2. Criminal Cases.
(a) Cautionary Instruction Required.
(1) [§142] Nature and Purpose.
(2) [§143] Failure To Instruct.
(b) [§144] Exceptions and Distinctions.
(c) Review on Appeal.
(1) [§145] Affirmance on Substantial Evidence.
(2) [§146] Reversal Where Evidence Not Substantial.
VI. INTRODUCTION OF DOCUMENTARY AND DEMONSTRATIVE
EVIDENCE
A. Documentary Evidence.
1. Foundation by Authentication.
(a) [§147] In General.
(b) [§148] Tape Recording.
2. [§149] Offer in Evidence.
3. [§150] Production by Witness on Stand.
4. [§151] Request To Seal Documents.
B. [§152] Demonstrative Evidence.
VII. INTRODUCTION OF DISCOVERY MATERIAL
A. Depositions.
1. How Deposition May Be Used.
(a) [§153] Deposition of Ordinary Witness.
(b) [§154] Deposition of Physician or Expert.
(c) [§155] Special Circumstances.
(d) [§156] Extent of Admissibility.
(e) [§157] Substitution and Subsequent Proceedings.
2. Procedure for Introducing Deposition.
(a) [§158] Reading Questions and Answers.
(b) [§159] Ruling on Objections.
(c) [§160] Introduction of Part of Deposition.
3. Objections and Grounds of Exclusion.
(a) [§161] Advance Objections.
(b) [§162] Objections at Trial.
B. [§163] Answers to Interrogatories.
VIII. ORAL EXAMINATION
A. [§164] Specific Answers or Narration.
B. Form of Questions.
1. Leading Question.
(a) [§165] Nature and Rule of Exclusion.
(b) [§166] Exception: Cross-Examination.
(c) [§167] Discretionary Exceptions and Nonprejudicial Error.
2. [§168] Argumentative Question.
3. [§169] Repetitive Questions.
4. [§170] Uncertain or Unintelligible Question.
5. [§171] Omnibus or Compound Question.
6. [§172] Question Assuming Fact in Issue.
C. Form of Answers.
1. Opinion or Conclusion of Witness.
(a) [§173] Exclusionary Rule and Exceptions.
(b) [§174] Best Recollection or Thought.
2. [§175] Nonresponsive Answer.
IX. DIRECT EXAMINATION: SPECIAL PROBLEMS
A. [§176] Examination of Witness on Writing.
B. Use of Memorandum by Witness.
1. Refreshing Recollection by Writing.
(a) [§177] Nature of Rule.
(b) [§178] Any Writing.
(c) [§179] Production, Inspection, and Cross-Examination.
(d) [§180] Introduction by Adverse Party.
2. Past Recollection Recorded.
(a) [§181] Nature of Rule.
(b) Foundation.
(1) [§182] In General.
(2) [§183] Timeliness of Recording.
(3) [§184] Recording by Witness or Another.
(4) [§185] Testimony by Witness to Truth of Facts.
(5) [§186] Authenticity of Recording.
(c) [§187] Reading by Witness and Introduction by Adverse Party.
3. [§188] Notes Obtained by Illegal Recording.
C. Examination of Expert Witness.
1. Qualification of Witness.
(a) In General.
(1) [§189] Laying Foundation.
(2) [§190] Determination and Review.
(b) Doctor in Malpractice Case.
(1) [§191] Familiarity With Local Practice.
(2) Experience in Special Field.
(aa) [§192] Cases Holding Doctor Qualified.
(bb) [§193] Cases Holding Doctor Not Qualified.
2. Form of Questioning.
(a) Hypothetical Question.
(1) [§194] In General.
(2) [§195] Objecting to Hypothetical Questions.
(3) [§196] Question Based on Previous Testimony.
(b) [§197] Testimony From X-Ray or Photograph.
(c) [§198] Direct Question on Facts Observed.
3. Answer and Basis for Opinion.
(a) [§199] Right To Give Reasons.
(b) [§200] Basis Stated Before Opinion.
(c) [§201] Opinion Based on Improper Matter.
D. Examination as If Under Cross-Examination.
1. Adverse Witness.
(a) [§202] Rule and Theory.
(b) Scope of Statute.
(1) [§203] Adverse Party.
(2) Witness Identified With Adverse Party.
(aa) [§204] Person Benefited.
(bb) [§205] Officer, Agent, or Employee.
(c) Procedure.
(1) [§206] Time and Manner of Calling.
(2) [§207] Examination and Cross-Examination.
(d) [§208] Effect of Evidence.
2. [§209] Person Relied on by Expert.
3. [§210] Hearsay Declarant.
E. Examination of Minor Witness.
1. Criminal Cases.
(a) [§211] Legislative Findings and Intent.
(b) [§212] Protections During Trial or Hearing.
(c) Presence of Support Person or Other Representative.
(1) [§213] Support Persons.
(2) [§214] Support Person Who Is Witness.
(3) [§215] Children's Representative in Child Abuse Cases.
(d) Televised Testimony.
(1) [§216] Former Law: Unauthorized.
(2) Statutory Authorization.
(aa) [§217] Rule and Legislative Intent.
(bb) [§218] Motion, Hearing, and Order.
(cc) [§219] Taking of Testimony.
2. [§220] Child Custody Termination and Dependency Proceedings.
F. Other Special Circumstances for Examining Witnesses.
1. [§221] Adult Prosecuting Witness in Case Involving Sex Crime.
2. Examination of Disabled Person.
(a) [§222] In General.
(b) [§223] Testimony by Closed-Circuit Television.
X. CROSS-EXAMINATION
A. In General.
1. [§224] Nature and Purposes.
2. Effects of Denial or Undue Restriction.
(a) Denial or Restriction by Court.
(1) [§225] Civil Cases.
(2) Criminal Cases.
(aa) [§226] In General.
(bb) [§227] Where Foreign Language Involved.
(b) Refusal or Failure of Witness To Answer.
(1) [§228] Refusal.
(2) [§229] Unavailability of Witness.
3. [§230] Discretion of Judge To Limit.
B. To Elicit Facts: Scope of Direct.
1. Restrictive Rule.
(a) [§231] Nature of Rule.
(b) [§232] Illustrations.
2. Where Criminal Defendant Testifies.
(a) [§233] Nature of Rule.
(b) [§234] Illustrations.
3. Rule Relaxed Where Subjects Opened Up.
(a) [§235] Civil Cases.
(b) Criminal Cases.
(1) [§236] Nature of Rule.
(2) [§237] Illustrations.
C. To Test Credibility: Wide Latitude.
1. [§238] In General.
2. Civil Cases.
(a) [§239] Rule Allowing Otherwise Inadmissible Evidence.
(b) [§240] Rule Held Inapplicable.
3. Criminal Cases.
(a) [§241] In General.
(b) [§242] Cross-Examination of Prosecutrix in Cases Involving Sex Crimes.
D. Cross-Examination of Defendant's Character Witness.
1. [§243] In General.
2. [§244] Character Trait Involved.
3. Reputation Witness.
(a) [§245] Limiting Rule.
(b) Permissible Questions.
(1) [§246] "Have You Heard."
(2) [§247] "Would Your Opinion Have Changed."
(c) [§248] Improper Questions.
4. [§249] Opinion Witness.
E. Cross-Examination of Expert Witness.
1. [§250] In General.
2. [§251] Qualifications and Court Appointment.
3. [§252] Compensation.
4. Bases and Reasons for Opinion.
(a) [§253] In General.
(b) Books or Other Publications.
(1) [§254] Nature of Problem.
(2) [§255] Rules Governing Use.
F. Redirect and Recross-Examination.
1. [§256] Redirect Examination.
2. [§257] Recross-Examination.
XI. IMPEACHMENT
A. In General.
1. [§258] Methods of Impeachment.
2. [§259] Grounds.
3. [§260] Limitations.
B. Capacity To Observe, Recollect, and Communicate.
1. Incompetency.
(a) [§261] In General.
(b) [§262] Expert Opinion.
(c) [§263] No Psychiatric Examination in Sexual Assault Case.
2. [§264] Poor Memory.
3. [§265] Intoxication.
4. [§266] Narcotic Addiction.
C. Bias or Other Improper Motive.
1. In General.
(a) [§267] Ground of Impeachment.
(b) [§268] Abolition of Foundation Requirement.
2. [§269] Fear or Susceptibility to Pressure.
3. [§270] Financial Interest in Outcome.
4. Benefits Received or Contemplated.
(a) [§271] General Rule of Admissibility.
(b) [§272] Discretionary Exclusion of Settlement.
5. Personal or Other Relationship.
(a) [§273] In General.
(b) [§274] Evidence of Group Relationship Improper.
(c) [§275] Evidence of Group Relationship Proper.
6. [§276] Declarations or Acts of Friendship.
7. [§277] Hostility Toward Adverse Party.
8. [§278] Bias Against Racial Group.
9. [§279] Corrupt Activities in Case.
D. Bad Character.
1. Admissibility of Character Traits.
(a) [§280] Honesty or Veracity.
(b) [§281] Other Traits.
(c) [§282] Distinction: Narcotic Addiction.
(d) Distinction: Address and Occupation.
(1) [§283] Alford Rule of Admissibility.
(2) [§284] Where Disclosure Is Not Required.
2. Methods of Proving Character Traits.
(a) Specific Acts.
(1) General Rule.
(aa) [§285] Civil Action.
(bb) [§286] Criminal Action.
(2) [§287] Prior Nonsexual Conduct of Rape Prosecutrix.
(b) Reputation.
(1) [§288] Reputation in Community.
(2) [§289] Reputation in Group.
(3) [§290] Foundation and Impeachment.
(c) [§291] Opinion.
E. Conviction of a Felony.
1. In General.
(a) [§292] Nature of Rule.
(b) [§293] Exceptions: Pardon or Dismissal.
2. [§294] Felony.
3. Conviction.
(a) [§295] Necessity of Conviction.
(b) Proof by Cross-Examination.
(1) [§296] In General: Impeaching Question.
(2) [§297] Requirement of Good Faith.
(3) [§298] Inquiry Into Circumstances.
(c) [§299] Proof by Record of Judgment.
(d) [§300] Constitutionally Defective Conviction.
4. Discretionary Exclusion.
(a) Before Proposition 8.
(1) [§301] People v. Beagle: Discretion Required.
(2) [§302] Expansion of Beagle.
(b) After Proposition 8.
(1) Establishment of Moral Turpitude Test.
(aa) [§303] People v. Castro.
(bb) [§304] Subsequent Cases.
(2) Application of Moral Turpitude Test.
(aa) [§305] People v. Castro.
(bb) [§306] Moral Turpitude Found.
(cc) [§307] Moral Turpitude Not Found.
(dd) [§308] Not Applicable in Civil Cases.
(3) Balancing Probative Value and Prejudicial Effect.
(aa) [§309] Showing on Record.
(bb) [§310] Illustrations of Proper Balancing.
(4) [§311] Timing of Decision To Exclude or Admit Conviction.
(5) [§312] Preserving Right To Review.
(6) [§313] Effect of Error.
5. [§314] Extension of Rule to Misconduct Not Resulting in Conviction.
F. Inconsistent Statements.
1. [§315] General Rule.
2. Nature of Statement.
(a) [§316] Prior Statements.
(b) [§317] Subsequent Statements.
(c) Statements Obtained in Violation of Miranda Rule.
(1) Use of Statements.
(aa) [§318] General Rule of Admissibility.
(bb) [§319] Former California Law Abrogated.
(cc) [§320] Impeachment Use Permissible Even Where Misconduct Deliberate.
(2) Use of Defendant's Silence After Miranda Warnings.
(aa) [§321] General Rule Against Use of Silence.
(bb) [§322] Distinction: Limited Inquiry into Silence.
(cc) [§323] Distinction: Partial Silence.
(dd) [§324] Effect of Error.
(3) [§325] Use of Defendant's Prearrest Silence.
(d) [§326] Statements Obtained in Violation of Right to Counsel.
(e) [§327] Testimony at Suppression Hearing.
3. Inconsistency.
(a) [§328] Inconsistency in Effect.
(b) Conduct: Prior Silence on Matter.
(1) [§329] In General.
(2) [§330] Witness' Failure To Report to Police.
(c) [§331] Inconsistent Opinion.
4. Abolition of Foundation Requirements.
(a) Oral Statements.
(1) [§332] Former Law.
(2) [§333] Evidence Code.
(b) [§334] Written Statements.
5. Proof.
(a) [§335] Cross-Examination.
(b) [§336] Extrinsic Evidence.
(c) [§337] Where Witness Admits Making Statement.
(d) [§338] Where Witness Has No Recollection.
(e) [§339] Inapplicability of Corpus Delicti Rule.
G. [§340] Contradictory Evidence on Relevant Matter.
H. Impeachment on Collateral Matter.
1. In General.
(a) [§341] Former Exclusionary Rule.
(b) [§342] Evidence Code.
2. What Are Not Collateral Matters.
(a) [§343] Independently Provable Matters.
(b) Matters Affecting Credibility.
(1) [§344] Bias, Interest, or Other Improper Motive.
(2) [§345] Other Grounds.
3. What Constitutes Collateral Impeachment.
(a) [§346] Cross-Examination.
(b) [§347] Rebuttal Witnesses.
4. Collateral Impeachment Degrading Character.
(a)[§348] Theory of Exclusion.
(b)[§349] Illustrations: Civil Cases.
(c) Illustrations: Criminal Cases.
(1) [§350] Ordinary Witness.
(2) [§351] Defendant.
5. Where Witness "Opens The Gates."
(a) [§352] General Principles.
(b) [§353] Curative Admissibility: Criminal Cases.
(c) [§354] Curative Admissibility: Civil Cases.
I. Impeachment of Party's Own Witness.
1. [§355] Former Rule Limiting Impeachment.
2. [§356] Rule of Unlimited Impeachment.
J. Impeachment of Hearsay Declarant.
1. [§357] Nature of Problem.
2. [§358] Impeachment Without Opportunity To Answer.
3. [§359] Prior Inconsistent Statement Not Evidence.
K. Rehabilitation of Impeached Witness.
1. [§360] In General.
2. [§361] Contradiction of Bias or Interest.
3. [§362] Good Character.
4. [§363] Medical or Psychiatric Condition.
5. Prior Consistent Statement.
(a) [§364] Where Charge of Improper Motive.
(b) [§365] Where Charge of Recent Fabrication.
(c) [§366] Where Prior Inconsistent Statement Introduced.
XII. OBJECTIONS TO INADMISSIBLE EVIDENCE
A. Requirement of Proper Objection.
1. [§367] Right To Object and Practice.
2. Objection by Motion in Limine.
(a) [§368] Purpose and Scope of Motion.
(b) [§369] Procedure.
(c) [§370] Necessity of Further Objection at Trial.
3. Waiver.
(a) [§371] Failure To Object.
(b) [§372] Insufficient or Belated Objection.
(c) [§373] Other Acts Constituting Estoppel or Waiver.
(d) [§374] Conduct Not Constituting Waiver or Estoppel.
4. General Objection.
(a) [§375] Insufficient.
(b) [§376] Sufficient.
5. Specific Objection.
(a) [§377] Necessity and Form.
(b) Defective Specific Objections.
(1) Objection on Wrong Ground.
(aa) [§378] Civil Cases.
(bb) [§379] Criminal Cases.
(2) [§380] Objection of No Foundation Laid.
6. [§381] Objection to Line of Questions.
B. Other Requirements.
1. [§382] Request for Limiting Instruction.
2. Motion To Strike.
(a) [§383] Nature of Requirement and Form of Motion.
(b) [§384] Bad Question: Motion Insufficient and Unnecessary.
(c) [§385] Bad Answer: Motion Necessary.
3. [§386] Assignment of Misconduct.
C. Effect of Court's Failure To Rule.
1. Objection.
(a) [§387] Ruling Expressly Reserved.
(b) [§388] Admission Subject to Motion To Strike.
(c) [§389] Ruling Neglected.
2. [§390] Motion To Strike.
3. [§391] Motion in Limine.
D. [§392] Exclusion on Court's Own Motion.
E. Use of Evidence Admitted Without Proper Objection.
1. Sufficient To Sustain Judgment.
(a) [§393] General Principle.
(b) [§394] Hearsay.
(c) [§395] Other Illustrations.
2. Insufficient Despite Failure To Object.
(a) [§396] Irrelevant Matter.
(b) [§397] Fundamental Error.
(c) [§398] Supervening Change in Law.
(d) [§399] Incompetency of Counsel.
(e) [§400] Extrinsic Evidence Violating Parol Evidence Rule.
XIII. EXCLUSION OF ADMISSIBLE EVIDENCE: OFFER OF PROOF
A. Necessity of Offer.
1. [§401] Preservation of Issue for Appeal.
2. [§402] Form of Offer.
B. Where Offer Is Unnecessary.
1. [§403] Question Clearly Disclosing Admissibility.
2. [§404] Judge's Ruling Making Offer Futile.
3. [§405] Cross-Examination.