Relevance
Evidence that has any tendency to make a fact more or less probable than it would be without the evidence, and the fact must be of consequence in determining the action.
What is Rule 401 — Relevant Evidence?
This rule states that evidence of a person’s character or trait is not admissible to prove that on a particular occasion, the person acted in accordance with that trait.
What is Rule 404(a)(1)?
During direct examination, a witness for the plaintiff gives inconsistent statements about what time the accident occurred. The plaintiff’s own attorney later confronts the witness with their earlier deposition testimony.
What is Rule 607 — any party, including the party that called the witness, may impeach the witness’s credibility?
During trial, a witness testifies that her friend told her, “The light was green when we entered the intersection.” The statement is offered to prove the light was green.
What is hearsay under Rule 801(c) — an out-of-court statement offered to prove the truth of the matter asserted?
A company’s internal report created right after an accident is offered to show how it happened. The supervisor who made it had firsthand knowledge.
What is a recorded recollection or business record?Rule 803(6).
Even if evidence is relevant, the court may exclude it if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, or wasting time.
What is Rule 403 — the balancing test?
In a criminal case, the defendant may offer evidence of a pertinent trait of their own character, and if admitted, the prosecution may rebut it.
What is the “Mercy Rule” exception under Rule 404(a)(2)(A)?
On cross, defense counsel asks a witness whether they lied on their tax return last year to suggest they’re dishonest. The court allows the question but not extrinsic proof.
What is Rule 608(b) — specific instances of conduct may be inquired into on cross if probative of truthfulness, but no extrinsic evidence is allowed?
In a bar fight trial, a bystander shouts “He’s got a knife!” as the defendant pulls a blade. The statement is admitted to show what people perceived at the time.
What is the present sense impression exception — Rule 803(1), describing or explaining an event while perceiving it or immediately thereafter?
A witness testifies that he read a weather service’s data log made automatically during a hurricane, showing wind speeds.
What is a record of a regularly conducted activity (business record) under Rule 803(6) or absence of entry under Rule 803(7), depending on use?
Evidence of a victim’s clothing color in a self-defense case was excluded because it led jurors to speculate about gang affiliation.
What is an example of excluding relevant evidence due to unfair prejudice under Rule 403?
The prosecution can offer evidence of the victim’s same trait to rebut the defendant’s claim about the victim’s character.
What is Rule 404(a)(2)(B)?
The prosecution calls a police officer to testify. The defense introduces evidence that the officer was convicted three years ago of perjury.
What is Rule 609(a)(2) — crimes involving dishonest acts or false statements are automatically admissible for impeachment?
A woman, moments after being robbed, screams to a passerby, “He just stole my purse!” while trembling and crying.
What is an excited utterance — Rule 803(2), a statement relating to a startling event made while under the stress of excitement?
A witness testifies that a now-deceased coworker wrote down detailed meeting notes shortly after a critical conversation. The witness testifies they once reviewed and knew the notes were accurate, but they can’t recall the details now.
What is a recorded recollection — Rule 803(5), a record made or adopted when the matter was fresh in memory and read into evidence when the witness cannot recall well enough to testify fully?
In January 2025 the Supreme Court of the United States granted certiorari in Andrew v. White, in which a death-row inmate challenged her conviction on the ground that the prosecution introduced evidence of her sexual history and wardrobe at trial.
Her argument: Much of that evidence was irrelevant (i.e., it did not make a fact of consequence more or less probable) and was unduly prejudicial.
The Court held that the trial court’s admission of “irrelevant evidence” could violate due process if the admission rendered the trial “fundamentally unfair.”
The question was whether her sexual history and clothing had any tendency to prove (or disprove) a fact of consequence (e.g., her guilt). The argument is that they did not, and thus were irrelevant. Evidence may still be excluded under Rule 403 if the danger of prejudice substantially outweighs the probative value.
When a defendant claims the victim was the first aggressor in a homicide case, the prosecution may introduce evidence of the victim’s peaceful character.
What is the homicide exception under Rule 404(a)(2)(C)?
The defendant testifies in his own defense. On cross, the prosecution asks about a prior felony conviction from seven years ago. The judge admits it after balancing probative value against prejudice.
What is Rule 609(a)(1)(B) — impeachment of a criminal defendant with a felony conviction subject to the Rule 403-type balancing test?
A patient tells her doctor, “My stomach’s been cramping since I ate shellfish.” The statement is offered in a products liability suit over contaminated oysters.
What is a statement made for medical diagnosis or treatment — Rule 803(4)?
During trial, the prosecutor introduces one paragraph of the defendant’s recorded interview where he admits, “I was at the scene that night.” The defense wants to play the next sentence, “—but only because I was picking up my friend.”
What is Rule 106 — the Rule of Completeness, allowing an adverse party to introduce the remainder of a writing or recorded statement that in fairness ought to be considered at the same time?
When evidence is admissible for one purpose but not another, the court may issue this under Rule 105 to limit how the jury uses it.
What is a limiting instruction?
This rule allows proof of character by reputation or opinion testimony, but specific instances of conduct are admissible only when a person’s character is an essential element of the claim, charge, or defense.
What is Rule 405?
A witness denies making a prior inconsistent statement. The opposing party introduces that statement through another witness to show the first witness’s inconsistency.
What is Rule 613(b) — extrinsic evidence of a prior inconsistent statement allowed if the witness has a chance to explain or deny it?
A witness testifies that she saw a note her late coworker wrote before dying: “I’m scared of heights.” It’s offered to show the coworker wasn’t likely to have climbed the roof voluntarily.
What is a statement of then-existing mental, emotional, or physical condition — Rule 803(3)?
In an arson case, the government introduces evidence that the defendant set fire to another building a year ago to show he had knowledge of how to use accelerants.
What is admissible 404(b) evidence to show knowledge, not character?