§ 12-2104. Rulings on evidence.

A.  Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a party is affected, and:

1.  If the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

2.  If the ruling is one excluding evidence, the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked.

B.  The court may add any statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon.  It may direct the making of an offer in question and answer form.

C.  In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being presented to the jury by any means, including making statements or offers of proof or asking questions within the hearing of the jury.

D.  Nothing in this section precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

Added by Laws 1978, c. 285, § 104, eff. Oct. 1, 1978.