General Provisions
An objection must be made to preserve an issue for appeal unless the admission or exclusion of the evidence constitutes this type of error.
Plain Error (FRE 102(e)).
This type of evidence has a tendency to make a fact of consequence in the case more or less probable.
This type of knowledge is required for a non-expert witness.
Personal knowledge (FRE 602).
A lay witness may give an opinion unless that opinion is grounded on these types of knowledge.
Scientific, technical, or other specialized knowledge (FRE 701).
Questions during a direct examination should be in this format.
Open ended or non-leading.
This is where a hearing must occur on the admissibility of a confession.
Outside the presence of the Jury (FRE 104(c)).
The court should rule this way on admission of evidence if the probative value of that evidence is only slightly outweighed by the danger of unfair prejudice.
Admit (FRE 403).
This is the time when a witness must give an oath to testify truthfully.
Before testifying (FRE 603).
This person (or persons) may cross-examine a court appointed expert witness.
Any party (FRE 706(b)(4)).
Credibility determinations at trial are left to this entity.
The jury.
This instruction tells the jury to consider a piece of evidence for one permissible purpose but not for another impermissible purpose.
Limiting instruction (FRE 105).
*Daily Double*
This is the only time character may be proven by specific instances of conduct under FRE 405.
When character is an essential element of a charge, claim, or defense (FRE 405(b)).
This type of evidence is not generally admissible to prove a specific instance of witness conduct, although the witness may be questions about his or her character on cross examination.
Extrinsic Evidence (FRE 608(b)).
An expert must disclose this on cross-examination.
The facts or data underlying the opinion (FRE 705).
This party generally has the burden to prove evidence to rebut a presumption.
The party against whom a presumption is directed (FRE 301).
This is a method to preview for the judge what a piece of evidence will show if it is admitted.
Offer of Proof (FRE 103(a)(2)).
Aside from witness credibility, this is the only type of character evidence the prosecution may be the first to introduce for propensity purposes under FRE 404(a)(2).
In a homicide case, evidence of the victim's trait of peacefulness to rebut that the victim was the first aggressor (FRE 404(a)(2)(C)).
The court can use this method to ensure witnesses do not listen to each other's testimony.
Exclusion or Sequestration (FRE 615).
Inadmissible underlying facts relied upon by an expert may be disclosed to the jury when this balancing test is true.
Probative value substantially outweighs prejudice (FRE 703).
This burden, which must be carried overall at trial, is not shifted by a presumption.
This type of evidence is defined to include a memorandum, report, or data compilation.
Record (FRE 101(b)(4)).
These are the two specific types of cases where similar crimes character evidence about the defendant is preemptively admissible rather than inadmissible.
Sexual Assault and Child Molestation (FRE 413 and 414).
*Daily Double*
This is not a proper method of attacking or supporting a witness's credibility pursuant to FRE 610.
Religious beliefs or opinions (FRE 610).
This type of opinion may not be given by an expert in a criminal case because it is a decision for the jury.
Whether the defendant had the required mens rea (FRE 704)(b)).
These rules are the only ones in the federal rules that apply to a judge's determination of the preliminary facts necessary to decide admissibility.
Privilege (FRE 1101(d)(1)).