0208

Option 1) Wait until the jury has heard the evidence, and then make a "motion to strike" under Rule 103(a)(1). The attorney may then request that the judge "admonish" the jury to disregard the inadmissible evidence they have heard. Such admonitions don't actually work, of course. Jurors cannot force themselves to forget what they have just heard.

Option 2) Make the grounds apparent before the jury hears the answer. Ask the judge if you can approach the bench for a brief conference concerning a matter of privilege. At the bench, tell the judge what the answer is going to be, preferably by pointing to a page of the deposition where the witness talks about the private conversation.  Remember that Rule 104 says the judge may consider anything in ruling on the admissibility of evidence.

Option 3) File a motion before trial to limit Carol’s testimony (a motion in limine). Fed. R. Civ. P. 26 requires parties to disclose witness lists ahead of time, so Adam’s lawyer would know Beckman planned to call her.

Any questions? E-mail me at tanford@indiana.edu and include the reference 0208.

Let's go back to the original version of the question. The attorney asks, "Q: What did he say about the postings?”

What objection should Adam’s attorney make? Write out on a piece of paper exactly what the lawyer should say (yes, it's important that you do so) and then click here .