Basics
Witness Rules
Hearsay Exceptions
Surprise Me!
100

An out-of-court statement is being offered for the truth of the matter asserted

801(c) - Hearsay

100

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion

702 - Testimony of Experts

100

A custodian, or certified witness, can attest that a business or organization regularly keeps consistent records of an activity

803-6- Records of a Regularly Conducted Business Activity

100

Hearsay within hearsay is not excluded from the rule against it if each part of the combined statement conforms to an exception to the rule

805- Hearsay within Hearsay

200

The court may exclude relevant evidence if it has a substantial danger of unfair prejudice, confusing issues, and/ or misleading the jury

403 - Predjudicial v. Probative

200

A Witness not testifying as an expert may testify to any rationally based perception, not based on scientific fact or technical knowledge

701- Opinion Testimony by Lay Witness

200

A hearsay statement is admissible if it is offered against a party and is a statement that he or she has manifested an adoption of or a belief in its truth.

801(d) - Admissions of a Party Opponent

200

A declarant testifies to a fact contradicting what they have previously stated

801(d)1- A declarant-witness's prior statement/ Admission against interest

300

A statement or exhibit that makes a fact more or less probable

401- Relevance

300

An opinion is not automatically objectionable simply because it embraces the ultimate issue

704 - Opinion on Ultimate Issue

300

A statement made while the declarant was under the stress or excitement of a startling event.

803(2) - Excited Utterance

300

A statement in a document that was prepared before January 1, 1998, and whose authenticity is established

HINT: Exception to Hearsay

803-16- Statements in Ancient Documents

400

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. 

602- Need for Personal Knowledge

400

In a criminal case, an expert witness cannot state an opinion about whether or not the defendant did or did not have the mental state to commit the crime they are charged with

HINT: This is an exception to a rule!

704 (b)- Exception to Opinion on Ultimate Issue

400

A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it

803(1) - Present Sense Impression

400

When measures are taken that would have made a prior injury or harm less likely to occur cannot be used to prove negligence, culpable conduct, defective product, or need for warning instructions

407- Subsequent Remedial Measures

500

If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on a timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

105 - Limited Admissibility

500

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.

705- Disclosing the Facts or Data Underlying an Expert Opinion

500

A reputation among a person's associates or in the community concerning the person's character

803-21- Reputation Concerning Character

500

A statement is an exception to the Hearsay rule because the declarant is considered unavailable

804(a) 1-5- Criteria for Being an Unavailable Witness

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