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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