1. Dead Man's Statute
    prohibits a witness with an interest adverse to the dead person or the estate from testifying about transactions with or statements by a dead person if opposing party is PR of estate. If interested wtiness, can't testify. 
  2. Hearsay
    out of court statement offered to prove the truth of the matter asserted. Not allowed unless exception. 
  3. Statement against interest exception
    applies if declaratint unavailable and made statement against pecuniary, proprietary or penal interest such that a reasonable person would not have made statement unless believed it to be true
  4. Comptence
    WA doesnt have age limit. Must be capable of receiving and relating true facts and impressions to be C
  5. Prior Convictions
    Rule 609. Witness may be impeached by felony conviction or a conviction for crime involving dishonesty, like fraud, due to felony's prejudicial nature, court must determine if probative value outweighs the prejudice. Evidence of conviction ONLY IF 10 years or less have lapesed since convicted OR release from jail
  6. Relevence
    403 - has a tendency to make any fact more or less probable. 
  7. Expert opinion
    may qualify person as expert based on knowledge, experience, or education, training or skill. ALlowed only if subject matter of testimony is beyond the understanding of the average juror and it will help the juror. 

    Facts/data on which an expert relies may be made known to the expert prior to trial if they are type reasonably relied on in field of forming opinions. But the facts need not be admissible. Doc may rely on hearsay
  8. Prior doc report -- admittable?
    Doc can't withotu patient consent reveal info. If patient consulted doc for treatment or med advice. Privileged. All info acquired in attending for patient is protected. If examined as part of a defense from prior suit, then doesnt apply. Priv also waived 90 days after person injury suit. 
  9. Prior Testimony - hearsay exception
    if no longer available, doc can let in bc opportunity and motive to cross examine and was former testimony
  10. wife/hubby privilege
    wife/husband can't be examined as witness as to any confidential communication made during the marriage without consentn of other. If made during marriage, can be appled after divorce. 

    Or, if currently married, can't compel one to testify against the other. 
  11. instructions 
    burden of proof in civil is p of e, so saying wrong burden isn't good. 
  12. party statement
    exempted from the hearsay rule and are admissible
  13. Offering to pay for bills related to injury
    not admissible to prove liability for injury!!
  14. opinion testimony beyond expertise of jury
    ONLY allowed for that. Not allowed for stuff within the jurors knowledge. 
  15. best evidence rule
    requires production of the original document. A dublicate is admissble unless genuine issue of authenticity or some reason other that it would be unfair. Doc is an out of ct statement...but hearsay exception for certified copies of public records. 
  16. Character evidence 404a
    inadmissible to prove def acted in conformity with that character on a particular instance. Character evidence inadmissble unless a character trait is an essential element of a charge, claim or defense. 
  17. authentication
    before evidence can be admitted, must be sufficient grounds to permit reasonable juror to find its authentic. Public records certified autocmaticalyl authenticated. 
  18. statements RE subsequent remedial measures
    not admissible bc want people to take measures to prevent future in the harm. Even if exception to hearsay applies. 
  19. video taped depositions
    will be hearsay. Former testimony allowed when witness unavialable, but must have had opp to cross examine and reason to cross examine.
  20. excited utterance
    made about an event while still under influence of significant excitement/agitation or pain from the event are an exception. statement must be made while they are perceiving the event or immediately after. 
  21. expert opinion based on hypo
    expert can base opinion on personal knowledge, a hypo question that includes all facts relevant to the opinion, or inadmissible evidence such as hearsay if it is the type of evidence usually relied upon in the experts field. 

    Lay witness cna only relate sense perceptions and not lay opinion. 
Card Set