Finding Evidence Rules
In both Texas and federal courts, this series of rules address general provisions.
What are rules 101-107?
In both Texas and federal courts, this series of rules go to opinions and experts.
What are the 700s? (for both, 701-706)
What is "records of regularly conducted activity? (FRE and TxRE 803(6))
What is "stipulation."
A defendant can file a motion to dismiss for failure to state a claim under what rule? (Specify Tx/Fed)
What is Federal Rule of Civil Procedure 12(b)(6)?
(no TX counterpart, but see Rule 91a)
In both Texas and federal courts, this series of rules addresses judicial notice.
What are the 200s? (FRE 201, TxRE 201-204)
In both Texas and federal courts, this series of rules address hearsay.
What are the 800s? (Tx 801-806, FRE 801-807)
This phrase can refer to present sense impression, excited utterance, or mental/physical/emotional condition.
What is "res gestae"?
T/F: When a writing is sucessfully used to refresh a witness's recollection, it must be numbered and admitted into evidence.
In Texas, this is the "default" discovery level.
What is level 2?
In both Texas and federal courts, this series of rules address relevance and its limits.
What are the 400s? (TxRE 401-412, FRE 401-415)
In both Texas and federal courts, this series of rules address authentication.
What are the 900s? (for both, 901, 903)
In a negligence case, a property owner might make this objection to evidence that after a plaintiff tripped on a sidewalk, the owner repaired its cracks.
What is the "subsequent remedial measure" rule?
In both Texas and federal courts, this is the rule that gets invoked when parties "invoke the rule."
What is Rule 615? (the rule that witnesses can't listen to anyone else's testimony before they're called)
In Texas, this rule allows for dismissal of claims with no basis in law or fact.
What is Rule 91a?
In both Texas and federal courts, this series of rules address privileges.
What are the 500s? (TxRE 501-513, FRE 501-502)
In both Texas and federal courts, this is the general rule when it comes to the admissibility of character evidence.
What is:
"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” (Rule 404)?
This is the type of corroborating testimony necessary to admit evidence that "on a particular occasion" a person "[a]cted in accordance with [a] habit or routine practice. . . . Regardless of whether it is corroborated or whether there was an eyewitness.” (FRE 406, TxRE 406)
What is NONE?
FRE and TxRE 406 say that evidence of habit/routine/practice can be admissible "[r]egardless of whether it is corroborated or whether there was an eyewitness."
What is the general rule about admissibility of evidence of liability insurance?
What is "inadmissible"?
In this court system, the "statements against interest" exception to the hearsay rule applies only if the witness is unavailable.
What is "federal court"?
(TxRE 803(24) vs. FRE 804(b)(3))
What are the 600s? (for both, 601-615)
This is what you would file to make a pre-trial objection to specific evidence.
What is a "motion in limine"?
What is "wasting time"?
This is what we call it when a defendant introduces evidence of their own good character.
What is "opening the door" to character evidence?
This privilege is expicitly recognized in the Texas Rules of Evidence but not the Federal Rules of evidence.
What is . . . (choose one)
required reports, attorney client, spousal, clergy, political vote, trade secrets, informer's identity, physician-patient, mental health (but only in civil cases)
?