relevancy and its limits
evidence which is not relevant is not admissible
what is rule 402: relevant evidence generally admissible; irrelevant evidence inadmissible
each person in competent to be a witness
what is rule 601: general rules of competency
testimony in the form of an opinion or inference otherwise admissible is not objectionable solely because it embraces an ultimate issue to be decided by the trier of the fact.
what is rule 704: opinion on ultimate issue
testimony which is hearsay is inadmissible
what is rule 802: hearsay rule
(A) general provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
What is rule 901: requirement of authentication or identification
evidence of a person's character, other than his/her character for truthfulness, may not be introduced. Evidence about the character of a party for truthfulness or untruthfulness is only admissible if the part testifies
what is rule 404: character (evidence)
the credibility of a witness may be attacked by any party except that the credibility of a witness may be attacked by the party calling the witness by means of a prior inconsistent statement only upon a showing of surprise and affirmative damage
what is rule 607: who may impeach
the facts or data in the particular case upon which an expert bases on opinion or inference may be those perceived by him/her or admitted in evidence at the hearing
What is rule 703: bases of opinion testimony by experts
hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules
What is Rule 805: hearsay within hearsay
"_________" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence
what is rule 401: Definition of "relevant evidence"
if a witness uses a writing to refresh his memory while testifying, an adverse party is entitled to have the writing produced at the hearing. S/he is also entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness
what is rule 612: writing used to refresh memory
The expert may testify in terms of opinion or inference and give his/her reasons therefore after disclosure of the underlying facts or data. The disclosure may be in response to a hypothetical question or otherwise
what is rule 705: disclosure of facts or data underlying expert opinion
The following are not excluded by the hearsay rule, even though the declarant is available as a witness:
(1) present sense impression...
(2) excited utterance...
(3) then existing, mental, emotional, or physical condition...
(4) statements for purposes of medical diagnosis or treatment...
(5) records of regularly conducted activity...
what is Rule 803: hearsay exceptions; availability of declarant immaterial
(a) exclusion mandatory. although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury
(b) exclusion discretionary. Although relevant, evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay, or needless presentation of cumulative evidence.
what is rule 403: exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay
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 of otherwise
what is rule 608: evidence of character and conduct of witness
a witness may testify as an expert if: (1) the witness is qualified as an expert by specialized knowledge, skill, experience, training, or education regarding the subject matter of the testimony; and (2) the witness's testimony is based on reliable scientific, technical, or other specialized information
what is rule 702: testimony by experts
(A) definition of unavailability. "unavailability as a witness" includes any of the following situations in which the declarant:
(4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity;
(B) hearsay exceptions. The following are not excluded by the hearsay rule if the declarant unavailable as a witness
(2) statement under belief of impending death...
(3) statement against interest...
what is rule 804. Hearsay exceptions; declarant unavailable
(A) control by court. The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment
(B) scope of cross-examination...
(c) leading questions...
what is rule 611: mode and order of interrogation and presentation
if the witness is not testifying as an expert, his/her testimony in the form of opinions or inferences is limited to those opinions or inferences which are (1) rationally based on the perception of the witness and (2) helpful to a clear understanding of his testimony or the determination of a fact in issue
what is Rule 701: opinion testimony by lay witnesses
the following definitions apply under this article:
(A) statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him as an assertion
(B) declarant. A "declarant" is a person who makes a statement
(C) hearsay. "hearsay" is 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.
(D) statements which are not hearsay. A statement is not hearsay if:
(1) prior statement by witness
(2) admission by party-opponent
what is rule 801: definitions