Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] For the court to consider evidence, what must be done? | The evidence must be formally offered. The purpose for which the evidence is offered must be specified. (Sec. 34) |
| [2] When must the testimony of a witness be offered? | The offer must be made at the time the witness is called to testify. (Sec. 35) |
| [3] When should documentary and object evidence be offered? How? | Documentary and object evidence must be offered after the presentation of a party's testimonial evidence. The offer must be done orally unless allowed by the court to be done in writing. (Sec. 35) |
| [4] When should objection to evidence offered orally be made? | It must be made immediately after the offer is made. (Sec. 36) |
| [5] When should an objection to a question propounded in the course of the oral examination of a witness be made? | It must be made as soon as the grounds have become reasonably apparent. (Sec. 36) |
| [6] When is repetition of objection unnecessary? | When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether the objection was sustained or overruled. (Section 37) |
| [7] What should the adverse party do when questions being propounded are of the same class as those to which objection has been made? | The adverse party must record his continuing objection to this class of questions. (Sec. 37) |
| [8] Complete the following: Sec. 38. Ruling.—The ruling of the court must be given ______________________, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made ___________ and at such time as will give the party against whom it is made an ___________ presented by the ruling. | Sec. 38. Ruling.—The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling. |
| [9] The reason for sustaining or overruling an objection need not be stated. Exception? | If the objection is based on two or more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon. (Sec. 38) |
| [10] When can an answer by a witness be stricken out? | Should a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, and the objection is found to be meritorious, the court shall sustain the objection and order the answer given to be stricken off the record. (Sec. 39) |
| [11] What three answers may the court, on proper motion, also order stricken out? | The court may order the striking out of answers that are (1) incompetent, (2) irrelevant, or (3) otherwise improper. (Sec. 39) |
| [12] If documents or things offered in evidence are excluded by the court, what are the two ways they can be tendered? | (1) The offeror may have the evidence attached to or made part of the record. (2) If the evidence excluded is oral, the offeror may state it for the record and other personal circumstances of the witness and the substance of the proposed testimony. (Sec. 40) |