Relevance and its Limits
401: Relevance
(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.
602: Need for Personal Knowledge
Cannot testify to something outside their personal knowledge; cannot delve into the mindset of someone else
702 (a and b)
(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;
801: What is hearsay and what isn't
Hearsay is a statement made by a declarant out of court, brought into court for the truth of the matter asserted either oral, nonverbal, or written; a statement by a party opponent or a co-conspirator
403: Excluding Relevant Evidence
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.
607: Impeaching a witness
May attack the witness's credibility if they are lying
702 (c and d)
(c) the testimony is the product of reliable principles and methods; and
(d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
803.3 Then Existing State of Mind
A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
404: Character Evidence
Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
611: Leading questions (what are they and when can they be used)
A close-ended question; can only be used on cross
701: Laywitness Testimony
Based on the witness's rationally based perception, not based on scientific, technical, or other specialized knowledge, helpful to understanding the witness's testimony or to determining a fact in issue
803.2 Excited Utterance
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
405: Methods of Proving Character
By reputation, opinion, and specific instances of conduct
608: What does it allow you to testify about a witness and how can you do that
Can testify to a witness's character for truthfulness if their only if their character for truthfulness has been attacked; using reputation, opinion, and specific instances
703: Bases of an Expert Testimony
An expert can testify to otherwise inadmissible evidence so long as an expert in the field would reasonably rely on those facts or data to make their conclusion
803.1 Present Sense Impression
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
406: You can testify that someone acted in accordance to…
A habit or routine
1002: Best Evidence
When someone testifies to the facts/content of a document that would be best represented by an exhibit
705: Disclosing Facts or Data Underlying
An expert may state an opinion with reasons for it without testifying to underlying facts or data
804: What is it
Exceptions and Criteria for unavailable witness's statements