400
This rule covers Character Evidence; Crimes or Other Acts
Rule 404 (a and b)
Before testifying, a witness shall be presumed to have been sworn in, by an oath or affirmation to testify truthfully administered in a form designed to impress that duty on the witness’s conscience.
What rule is this?
Rule 603. Oath or Affirmation to Testify Truthfully
What rule is the following information from?
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
(a) rationally based on the witness’s perception;
(b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Rule 701. Opinion Testimony by Lay Witnesses
A person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion defines this word under Rule 801 a.
Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay
(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
What is Rule 901. Authenticating or Identifying Evidence?
Give two examples.
Rule 901. Authenticating or Identifying Evidence
(a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Examples:
(1) Testimony of a Witness with Knowledge, (2) Nonexpert Opinion About Handwriting, (3) Comparison by an Expert Witness or the Trier of Fact, (4) Distinctive Characteristics and the Like, (5) Opinion About a Voice, (6) Evidence About a Telephone Conversation, (7) Evidence About Public Records, (8) Evidence About Ancient Documents or Data Compilations, (9) Evidence About a Process or System, (10) Methods Provided by a Statute or Rule.
Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.
Rule 406. Habit; Routine Practice
What questions are allowed under these circumstances?
(1) on cross- examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
(c) Leading Questions. Leading questions should not be used on direct examination except as
necessary to develop the witness’s testimony. Ordinarily the court should allow leading questions:
(1) on cross- examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an
adverse party.
What rule are these four prongs from?
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
Rule 702. Testimony by Expert Witnesses
What statements are not hearsay?
(1) A Declarant-Witness’s Prior Statement.
(2) An Opposing Party’s Statement.
What is rule 403? Name at least one reason why AMTA says evidence could be excluded.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Two methods of proving character (rule 405)
(a) By Reputation or Opinion.
(b) By Specific Instances of Conduct.
This rule under 609 b (limit on using the evidence after 10 years) makes evidence of the conviction admissible only if:
(b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.
What is Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion?
Unless the court orders otherwise, an expert may state an opinion – and give the reasons for it - without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness.
Name the rule, the number and the name of the exception.
Rule 803. Exceptions to the Rule Against Hearsay – Regardless of Whether the Declarant Is
Available as a Witness
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination is the definition of what rule?
Rule 102. Purpose These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.
Rule 401. Test for Relevant Evidence
Evidence is relevant when...
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.
Under this rule the court's calling and/or examining of a witness by a court is not allowed.
Rule 614. Court’s Calling or Examining a Witness
What rule is this from?
(a) In General – Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
Rule 704. Opinion on an Ultimate Issue
If you have a medical expert witness you should know this exception to hearsay under 803.
List the name, number and exception name.
Rule 803. Exceptions to the Rule Against Hearsay – Regardless of Whether the Declarant Is Available as a Witness
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(4) Statement Made for Medical Diagnosis or Treatment. A statement that:
(A) is made for – and is reasonably pertinent to – medical diagnosis or treatment; and
(B) describes medical history; past or present symptoms or sensations; their inception; or their general cause.
Under Rule 201. Judicial Notice of Adjudicative Facts letter e you have the opportunity to be what?
(e) Opportunity to Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.
Rule 407. Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:
(What four things)
• negligence;
• culpable conduct;
• a defect in a product or its design; or
• a need for a warning or instruction
What is Rule 612
Rule 612. Writing Used to Refresh a Witness’s Memory
A witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony.
What is rule 706 in AMTA's rule of evidence?
There are no rules under 706 it was omitted
Name and describe Rule 806. Attacking and Supporting the Declarant’s Credibility.
Rule 806. Attacking and Supporting the Declarant’s Credibility
When a hearsay statement – or a statement described in Rule 801(d)(2)(C), (D), or (E) – has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the declarant’s inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross-examination.
When did AMTA start and what do the letters in AMTA stand for?
1985