0706

I would say exactly the same thing:

"This is evidence of a habit of using her cell phone every time she left on a job, and is admissible under Rule 406 to show that Arden was looking at her cell phone the day of the accident."

I would not respond directly to the Rule 403 objection, because if you can get it under 406, that rule says it is admissible, not just in the judge’s discretion.

Questions? Email tanford@indiana.edu and refer to 0706.

Now look at part two of Problem 7C. The delivery department manager testifies to their policies and practices on driver cell phone use.  Can you think of an objection to any part of the testimony? When you think you know the answer, click here to continue.