evidence rules

Rulings on Evidence

• Effect of Erroneous Ruling
• (1) objection
• (2) offer of proof

Record of Offer and Ruling

Hearing of Jury

Plain Error

questions of admissibility generally

judicial discretion

preliminary questions

Relevancy Conditioned on Fact - conditional relevance

ESSF standard

Limited Admissibility - limiting instructions

Judicial Notice of Adjudicative Facts

Definition of Relevance

having any tendency to make the existence of any fact that is of consequence to the determination of hte action more or less probable than it would be w/o the evidence

Relevant evidence generally admissible; Irrelevant Evidence Inadmissible

Exclusion of Relevant Evidence on grounds of prejudice, confusion, or waste of time

PV << PE

• Character Evidence Generally
• (1) Character of the accused
• (2) Character of the alleged victim
• (3) Character of Witness

Other crimes, wrongs, or acts

• Methods of proving character
• (a) Reputation or Opinion
• (b) Specific Instances of Conduct

Habit; Routine Practice

Subsequent Remedial Measures

Compromise and Offers to Compromise

Payment of Medical and Similar Expenses

Inadmissibility of Pleas, Plea Discussions, and Related Statements

Liability Insurance

Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition

Evidence of Similar Crimes in Sexual Assault Cases

Evidence of Similar Crimes in Child Molestation Cases

Evidence of Similar Acts in Civil Cases Concerning sexual assault or child molestation

general rule of competency of witnesses

Lack of personal knowledge

Oath or affirmation

who may impeach

• evidence of character and conduct of witness
• (a) opinion and reputation evidence of character
• (b) specific instances of conduct

impeachment by evidence of conviction of crime

religious beliefs or opinions

mode and order of interrogation and presentation

writing used to refresh memory

prior statements of witnesses

Opinion and testimony of lay witnesses

Testimony by experts

• definitions of:
• (a) statement
• (b) declarant
• (c) hearsay
• (d) statements which are not hearsay

prior statement by witness (not hearsay)

admission by party opponent (not hearsay)

hearsay rule

Hearsay exceptions, availability of declarant immaterial

present sense impression

excited utterance

then existing mental, emotional, or physical condition

statements for purposes of medical diagnosis or treatment

recorded recollection

records of regularly conducted activity

absence of entry in records kept in accordance with the provisions of paragraph (6)

public records and reports

records of vital statistics

absence of public record or entry

records of religious organizations

marriage, baptismal, and similar certificates

family records

records of documents affecting an interest in property

statements in documents affecting an interest in property

statements in ancient documents

market records, commercial publications

learned treatises

reputation concerning personal or family history

reputation concerning boundaries or general history

reputation as to character

judgment of previous conviction

judgment as to personal family or general history or boundaries

Hearsay exceptions; declarant unavailable

• defintion of unavailable
• (1) privilege
• (2) refusal despite court order
• (3) lack of memory
• (4) dead or physical/mental illness or infirmity
• (5) unable to procure D attendance by process of other reasonable means

former testimony

statement under belief of impending death - dying declaration

statement against interest

statement of personal or family history

forfeiture by wrongdoing

hearsay w/in hearsay

attacking and supporting credibility of declarant

residual exception

requirement of authentication or identification

self authentication

domestic public documents under seal

domestic public documents not under seal

foreign public documents

certified copies of public records

official publications

newspapers and periodicals

trade inscriptions and the like

acknowledged documents

commercial paper and related documents

presumptions under acts of congress

certified domestice records of regularly conducted activity

certified foreign records of regularly conducted activity

• definitions
• (1) writings and recordings
• (2) photographs
• (3) original
• (4) duplicate

requirement of original

admissibility of duplicates

• admissibility of other evidence of contents
• (1) original lost or destroyed
• (2) original not obtainable
• (3) original in possession of opponent
• (4) collateral matters