Types of Evidence
This type of evidence includes physical objects like guns, drugs, or clothing.
What is real evidence?
“He told me he saw the defendant shoot” is inadmissible under this rule.
What is the hearsay rule?
This exception applies to statements made during or immediately after a startling event.
What is the excited utterance exception?
This type of pretrial motion asks the court to rule on admissibility before the jury hears it.
What is a motion in limine?
Social media posts must be authenticated this way before being admitted.
What is by showing the account belonged to the defendant (through testimony, metadata, etc.)?
This kind of evidence helps illustrate or explain other evidence, like a diagram or chart.
What is demonstrative evidence?
A victim screams “He’s stabbing me!” while being attacked. This hearsay exception may apply.
What is the excited utterance exception?
This exception allows medical professionals to testify about what a victim told them during treatment.
What is the statement for purposes of medical diagnosis or treatment?
When a key witness disappears, prosecutors often rely on this hearsay rule.
What is the former testimony or unavailable witness exception?
You want to admit a Ring doorbell video. You’ll need this from the homeowner.
What is testimony authenticating the video or chain of custody?
Text messages or social media posts are examples of this kind of evidence.
What is documentary evidence?
A witness testifies, “The store owner said she was afraid.” It’s hearsay because of this reason.
What is it's offered for the truth of the matter asserted?
A witness is unavailable, but their testimony from a prior hearing may be admissible under this rule.
What is the former testimony exception?
Yes, you can do this to your own witness if they surprise you on the stand.
What is impeach them?
A victim texted “He’s going to kill me” right before dying. This hearsay exception might apply.
What is the dying declaration exception?
This rule requires original documents or recordings unless an exception applies.
What is the best evidence rule?
A text shown only to prove the defendant received it—not for its content—is this.
What is not hearsay?
This exception allows statements that the speaker would not have made unless they believed them to be true—even if they’re against their own interest.
What is the statement against interest exception?
You need a qualified witness, records made in the regular course of business, and this to admit business records.
What is foundation?
You might introduce ballistics, fingerprints, and chain of custody to prove this.
What is that the gun was the murder weapon?
Before admitting video footage, a prosecutor must satisfy this foundational rule.
What is authentication?
A 911 call made minutes after a shooting may fall under this hearsay exception.
What is present sense impression or excited utterance?
This “catch-all” exception allows hearsay if it has equivalent guarantees of trustworthiness.
What is the residual exception?
This U.S. Supreme Court case limits use of testimonial hearsay without cross-examination.
What is Crawford v. Washington?
A defendant’s jail calls can be admitted if you prove this.
What is that the voice is the defendant’s and the content is relevant and authenticated?