COMMON TRIAL OBJECTIONS
PRO SE TOOL KIT
DOCUMENTS
Loan Application (Form 1003)
Appraisal
Closing Instructions
All Closing Documents
Note
Deed of Trust
Qualified Written Requests
Pooling and Servicing Agreements
Assignments
Substitutions of Trustee
Notice of Trustee’s Sale
Statements of Breach
Posting on Property
Trustee’s Website Screenshots
All Loan Modification Documents
(including Third Party)
All Written Communications
(including Envelopes)
All mailing Receipts
Complete Communication Log
Trustees Deed
ARIZONA STATUTES / RULES
Arizona Revised Statutes
Arizona State Constitution
Arizona Rules - Master Link
Arizona Rules of Evidence (2010)
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Arizona Rules of Civil Procedure (2010)
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Arizona Rules of Procedure for Eviction Actions
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Arizona Local Rules of Practice Superior Court
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US CODE / FEDERAL RULES
United States Code
The Constitution for the United States
Federal Rules of Evidence (2010)
Federal Rules of Civil Procedure (2010)
BANKRUPTCY RULES
Federal Rules of Bankruptcy Procedure (2010)
Local Rules of Bankruptcy Procedure for the District of Arizona (2011)
CASE LAW
Google Scholar
Select “Legal Opinions and Journals” dropdown
Public Library of Law
COMMON TRIAL OBJECTIONS MATCHED TO RULES OF EVIDENCE
ARTICLE I. GENERAL PROVISIONS
Misquoting Witness
Misstating Evidence
Assumes Facts not in Evidence
Rule 103. Rulings on Evidence
(c) Hearing of jury: In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
ARTICLE IV. RELEVANCY AND ITS LIMITS
Irrelevant
Rule 401. Definition of "Relevant Evidence:" "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Irrelevant
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible: All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.
Prejudice Outweighs Probative Value
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time: Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
ARTICLE VI. WITNESSES
Incompetent Witness
Rule 601. General Rule of Competency: Every person is competent to be a witness except as otherwise provided in these rules. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law.
Speculation / Conjecture / Guess
Conclusion
Lacks a Foundation
Lack of Personal Knowledge
Rule 602. Lack of Personal Knowledge: A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of rule 703, relating to opinion testimony by expert witnesses.
Counsel is testifying
Rule 603. Oath or Affirmation: Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so.
Unresponsive / Calls for Narrative Answer
Question is too General / Broad / Indefinite
Confusing and Unintelligible
Compound Question
Asked and Answered
Leading
Ambiguous
Argumentative
Assumes Facts not in Evidence
Rule 611. Mode and Order of Interrogation and Presentation
(a) Control by court: The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Lay Witness Lacking Personal Knowledge
Conclusion / Speculation / Conjecture / Guess
Rule 701. Opinion Testimony by Lay Witnesses: If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Expert Witness Lacking Personal Knowledge or Qualification
Rule 702. Testimony by Experts: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
ARTICLE VIII. HEARSAY
Hearsay (802, else must show exception) (move to strike)
Rule 802. Hearsay Rule: Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress.
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Lacks a Foundation
Broken Chain of Custody
Broken Chain of Title
Authentication Lacking
Rule 901. Requirement of Authentication or Identification
(a) General provision: The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Best Evidence Rule
Rule 1002. Requirement of Original: To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.
ADMINISTRATIVE MATERIALS
Arizona Notary Public Reference Manual (2010)
AGENCIES FOR ASSISTANCE
United States Postal Inspection Service
(Elements of mail fraud: (1) a scheme or artifice to defraud; and (2) a mailing to carry out the scheme)
Mail Fraud Complaint Form:
Federal Bureau of Investigation
Suspected Criminal Activity Form:
Financial Fraud Enforcement Task Force:
FDIC (Federal Deposit Insurance Corporation)
FDIC Consumer Response Center
2345 Grand Boulevard, Suite 100
Kansas City, MO 64108
Phone: 1-877-ASK-FDIC (1-877-275-3342) (M - F 8am to 8pm EST)
Fax: 703-812-1020
Consumer Complaint Form:
Find former Banks:
Fannie Mae
Only gets involved after the Foreclosure /Trustee’s Sale
Attention: Legal Department, FORECLOSURE FRAUD
3900 Wisconsin Avenue, N.W.
Washington, D.C. 20016
Telephone: 1-202-752-3300
Fax: 1-202-752-6845?
Fraud_Tips@
Loan Lookup:
Freddie Mac
Legal Division, Single Family: Origination Purchase & Servicing
Attention Legal Division: FORECLOSURE FRAUD
8200 Jones Branch Drive, MS??
McLean, VA 22102-3110
Phone: 703-903-2000, “Legal Division,” 5
Phone: 703-903-????
Fax: ???_???_????
Loan Lookup:
Federal Trade Commission
FTC Bureau of Consumer Protection
Consumer Response Center
600 Pennsylvania Ave N.W.
Washington DC 20580
General complaints: 1-877-382-4357
kNOw Fraud: 1-877-987-3728
Complaint Form:
Arizona Attorney General
1275 W Washington
Phoenix, AZ 85007
Phone: 602-542-5025
Fax 602-542-4085
Complaint Form:
Arizona Secretary of State (Notary complaints)
Capitol Executive Tower, 7th Floor
1700 West Washington Street
Phoenix, AZ 85007-2888
Phone: 602-542-4285
Fax: 602-542-1575
Complaint Form:
Federal Reserve Consumer Help
(State chartered banks that are members of the Federal Reserve System)
PO Box 1200
Minneapolis, MN 55480
Phone: 1-888-851-1920
Fax: 877-888-2520
Email Complaints to: ConsumerHelp@
Submit a Complaint: FormComplaint.cfm
Arizona Department of Financial Institutions
(Does not regulate the entities listed below. )
2910 N. 44th Street
Suite 310
Phoenix, AZ 85018
Phone: 602-255-4421
Fax: 602-381-1225
Complaint Form:
Commercial banks having the word "National" or using the initials "N.A." (National Association) in their title.
Office of the Comptroller of the Currency
1301 McKinney Street
Suite 3450
Houston, TX 77010
Telephone number (713) 336-4300
Toll Free 1-800-613-6743
Complaint Form:
Institutions having the word "Federal" in their name or the initials "FSB" (Federal Savings Bank) or "FSA." (Federal Savings and Loan Association)
Office of Thrift Supervision
P.O. Box 7165
San Francisco, CA 94120
Telephone: (650) 746-7098
Complaint Form:
Inquiries involving Federally regulated credit unions, identified by the word "Federal" in their name.
National Credit Union Administration
1230 W. Washington Street
#301 Tempe, AZ 85281
Telephone number (602) 302-6000
Fax - 602-302-6024
Complaints: Send a letter - no special form is required
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