Relevancy and its Limits
Rule 406
HABIT; ROUTINE PRACTICE
Evidence of the habit of a person or the routine practice of an organization, whether
corroborated or not and regardless of the presence of eye-witnesses, is relevant to prove
that the conduct of the person or organization, on a particular occasion, was in conformity
with the habit or routine practice.
Rule 407
SUBSEQUENT REMEDIAL MEASURES:
When measures are taken after an event which, if taken before, would have made the event
less likely to occur; evidence of the subsequent measures is not admissible to prove
negligence or culpable conduct in connection with the event. This rule does not require the
exclusion of evidence of subsequent measures when offered for another purpose; such as
proving ownership, control, or feasibility of precautionary measures, if controverted, or
impeachment.
Rule 501
GENERAL RULE:
There are certain admissions and communications excluded from evidence on
grounds of public policy. Among these are confidential communications between:
(1) husband and wife;
(2) attorney and client;
(3) physician and patient; and
(4) priest and penitent.
Rule 610
RELIGIOUS BELIEFS OR OPINIONS:
Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for
the purpose of showing that by reason of their nature the witness' credibility is impaired or
enhanced.
Rule 702
TESTIMONY BY EXPERTS
If scientific, technical, or other specialized knowledge will assist the trier of fact to
understand the evidence or to determine a fact in issue, a witness qualified as an expert by
knowledge, skill, experience, training, or education, may testify in the form of an opinion or
otherwise.
Rule 402
RELEVANT EVIDENCE GENERALLY ADMISSIBLE: IRRELEVANT EVIDENCE INADMISSIBLE:
All relevant evidence is admissible, except as otherwise provided in these Rules. Irrelevant
evidence is not admissible.
Rule 408
COMPROMISE AND OFFERS TO COMPROMISE:
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or
promising to accept, a valuable consideration in compromising or attempting to compromise
a claim which was disputed as to either validity or amount, is not admissible to prove liability
for or invalidity of the claim or its amount. Evidence of conduct or statements made in
compromise negotiations is likewise not admissible. This rule does not require the exclusion
of any evidence otherwise discoverable merely because it is presented in the course of
compromise negotiations. This rule also does not require exclusion when the evidence is
offered for another purpose, such as proving bias or prejudice of a witness, negativing a
contention of undue delay, or proving an effort to obstruct investigation or prosecution.
Rule 602
LACK OF PERSONAL KNOWLEDGE:
A witness may not testify to a matter unless the witness has personal knowledge of the
matter. Evidence to prove personal knowledge may, but need not, consist of the witness's
own testimony. This rule is subject to the provisions of Rule 703, related to opinion
testimony by expert witnesses.
Rule 611
MODE AND ORDER OF INTERROGATION AND PRESENTATION:
Control by Court -- The Court shall exercise reasonable control over questioning of
witnesses and presenting evidence so as to (1) make the questioning and presentation
effective for ascertaining the truth, (2) to avoid needless use of time, and (3) protect
witnesses from harassment or undue embarrassment.
(b) Scope of cross examination -- The scope of cross examination shall not be limited to
the scope of the direct examination, but may inquire into any relevant facts or matters
contained in the witness' statement, including all reasonable inferences that can be drawn
from those facts and matters and may inquire into any omissions from the witness statement
that are otherwise material and admissible.
(c) Leading questions -- Leading questions should not be used on direct examination of a
witness (except as may be necessary to develop the witness' testimony). Ordinarily,
leading questions are permitted on cross-examination. When a party calls a hostile
witness, an adverse party, or a witness identified with an adverse party, leading questions
may be used.
(d) Redirect/Recross -- After cross examination, additional questions may be asked by the
direct examining attorney, but questions must be limited to matters raised by the attorney
on cross examination. Likewise, additional questions may be asked by the cross examining
attorney on recross, but such questions must be limited to matters raised on redirect
examination and should avoid repetition.
Rule 703
BASES OF OPINION TESTIMONY BY EXPERTS
The facts or data upon which an expert bases an opinion may be those perceived by or made
known to the expert at or before the hearing. If of a type reasonably relied upon by experts
in the field in forming opinions or inferences, the facts or data need not be admissible in
evidence.
Rule 403
EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME:
Although relevant, evidence may be excluded if its probative value is substantially
outweighed by the danger of unfair prejudice, if it confuses the issues, if it is misleading, or
if it causes undue delay, wastes time, or is a needless presentation of cumulative evidence.
Rule 409
PAYMENT OF MEDICAL OR SIMILAR EXPENSES:
Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses
occasioned by an injury is not admissible to prove liability for the injury.
Rule 607
WHO MAY IMPEACH:
The credibility of a witness may be attacked by any party, including the party calling the
witness.
Comment: If a mock trial problem includes an adverse witness who must be called in a party’s
case-in-chief, that party could attack the witness’s credibility. Furthermore, that party could
conduct the direct examination as a cross- examination, if the court makes a finding that
the witness is a hostile witness.
Rule 612
WRITING USED TO REFRESH MEMORY:
If a written statement is used to refresh the memory of a witness either while or before
testifying, the Court shall determine that the adverse party is entitled to have the writing
produced for inspection. The adverse party may cross-examine the witness on the material
and introduce into evidence those portions which relate to the testimony of the witness.
Rule 704
OPINION ON ULTIMATE ISSUE:
(a) Opinion or inference testimony otherwise admissible is not objectionable
because it embraces an issue to be decided by the trier of fact.
(b) In a criminal case, an expert witness shall not express an opinion as to the guilt or
innocence of the accused.
Rule 404
CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT; EXCEPTIONS; OTHER CRIMES:
Character Evidence. -- Evidence of a person's character or character trait, is not
admissible to prove action regarding a particular occasion, except:
(1) Character of accused. -- Evidence of a pertinent character trait offered by an
accused, or by the prosecution to rebut same;
(2) Character of victim. -- Evidence of a pertinent character trait of the victim of
the crime offered by an accused, or by the prosecution to rebut same, or evidence of
a character trait of peacefulness of the victim offered by the prosecution in a
homicide case to rebut evidence that the victim was the aggressor;
(3) Character of witness. -- Evidence of the character of a witness as provided in
Rules 607, 608 and 609.
(b) Other crimes, wrongs, or acts. -- Evidence of other crimes, wrongs, or acts is not
admissible to prove character of a person in order to show an action conforms to
character. It may, however, be admissible for other purposes, such as proof of motive,
opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or
accident.
Rule 410
INADMISSIBILITY OF PLEAS, PLEA DISCUSSIONS, AND RELATED STATEMENTS:
Except as otherwise provided in this Rule, evidence of the following is not, in any civil or
criminal proceeding, admissible against a defendant who made the plea or was a participant
in the plea discussions:
(1) a plea of guilty which was later withdrawn;
(2) a plea of nolo contendere;
(3) any statement made in the course of any proceeding under Rule 11 of the
Federal Rules of Criminal Procedure or comparable state procedure regarding either
of the foregoing pleas; or
(4) any statement made in the course of plea discussions made in the course of
plea discussions with an attorney for the prosecuting authority
which do not result in a plea of guilty or which result in a plea of guilty which is later
withdrawn.
However, such a statement is admissible (i) in any proceeding wherein another statement
made in the course of the same plea or plea discussions has been introduced and the
statement ought, in fairness, be considered with it, or (ii) in a criminal proceeding for perjury
or false statement if the statement was made by the defendant under oath, on the record
and in the presence of counsel.
Rule 608
EVIDENCE OF CHARACTER AND CONDUCT OF WITNESS:
(a) Opinion and reputation evidence of character. The credibility of a witness may be
attacked or supported by evidence in the form of opinion or reputation, but subject to
these limitations: (1) the evidence may refer only to character for truthfulness or
untruthfulness, and (2) evidence of truthful character is admissible only after the character
of the witness for truthfulness has been attacked by opinion or reputation evidence, or
otherwise.
(b) Specific instances of conduct. Specific instances of the conduct of a witness, for the
purpose of attacking or supporting the witness' credibility, other than conviction of crime
as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in
the discretion of the Court, if probative of truthfulness or untruthfulness, be asked on
cross-examination of the witness (1) concerning the witness' character for truthfulness or
untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of
another witness as to which character the witness being cross-examined has testified.
Rule 613
PRIOR STATEMENTS OF WITNESSES
In examining a witness concerning a prior statement made by the witness, whether written
or not, the statement need not be shown nor its contents disclosed to the witness at that
time, but on request the same shall be shown or disclosed to opposing counsel.
Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless
the witness is afforded an opportunity to explain or deny the same, and the opposite party
is afforded an opportunity to interrogate.
Rule 705
DISCLOSURE OF FACTS OR DATA UNDERLYING EXPERT OPINION:
The expert may testify in terms of opinion or inference and give reasons therefore without
prior disclosure of the underlying facts or data, unless the Court requires otherwise. The
expert may in any event be required to disclose the underlying facts or data on cross-
examination.
Rule 405
METHODS OF PROVING CHARACTER
Reputation or opinion. -- In all cases where evidence of character or a character
trait is admissible, proof may be made by testimony as to reputation or in the form of an
opinion. On cross-examination, questions may be asked regarding relevant, specific
conduct.
(b) Specific instances of conduct. -- In cases where character or a character trait is an
essential element of a charge, claim, or defense, proof may also be made of specific
instances of that person's conduct.
Rule 411
LIABILITY INSURANCE:
Evidence that a person was or was not insured against liability is not admissible upon the
issue whether the person acted negligently or otherwise wrongfully. This rule does not
require the exclusion of evidence of insurance against liability when offered for another
purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.
Rule 609
IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME; TIME LIMITS:
(a) For the purpose of attacking the credibility of a witness in a criminal or civil case,
evidence that the witness had been convicted of a crime shall be admitted if elicited from
the witness or established by public record during examination of the witness but only if the
crime (1) was punishable by death or imprisonment in excess of one year under the law under
which the witness was convicted, and the court determines that the probative value of
admitting the evidence outweighs the prejudice to the party against whom the evidence is
offered, or (2) involved dishonesty or false statement, regardless of the punishment.
(b) Evidence of a conviction under this rule is not admissible if a period of more than 10
years has elapsed since the date of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is the later date, unless the court
determines, in the interests of justice, that the probative value of the conviction supported
by specific facts and circumstances substantially outweighs its prejudicial effect. However,
evidence of a conviction more than 10 years old as calculated herein, is not admissible
unless the proponent gives to the
adverse party sufficient advance written notice of intent to use such evidence to provide the
adverse party with a fair opportunity to contest the use of such evidence.
(c) Effect of pardon, annulment, or certificate of rehabilitation -- Evidence of a conviction
is not admissible if (1) the conviction has been the subject of a pardon or other equivalent
procedure based on a finding of the rehabilitation of the person convicted of a subsequent
crime which was punishable by death or imprisonment in excess of one year, or (2) the
conviction has been the subject of a pardon, other equivalent procedure based on a finding
of innocence.
(d) Juvenile adjudications -- Evidence of juvenile adjudications is generally not admissible
under this rule. The court may, however, in a criminal case allow evidence of a juvenile
adjudication of a witness other than the accused if conviction of the offense would be
admissible to attack the credibility of an adult and the court is satisfied that admission in
evidence is necessary for a fair determination of the issue of guilt or innocence.
Rule 701
OPINION TESTIMONY BY LAY WITNESS:
If the witness is not testifying as an expert, the witness' testimony in the form of opinions
or inferences is limited to those opinions or inferences which are (a) rationally based on the
perception of the witness and (b) helpful to a clear understanding of the witness' testimony
or the determination of a fact in issue.
What is the exact definition of Hearsay?
"Hearsay" is an out of court statment(a statement, other than one made by the declarant while
testifying at the trial or hearing) offered in evidence to prove the truth of the matter
asserted.