Surprise 1
What is Rule 401?
Test for relevance
evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action
What is Rule 407?
Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.
What is Rule 410(a)?
Pleas, plea discussions, and related statements
In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions: (1) a guilty plea that was later withdrawn, (2) a nolo contendere plea, (3) a statement made during a proceeding on either of those please under Federal Rule of Criminal Procedure 11 or a comparable state procedure, (4) or a statement made during a plea discussion with an attorney for the prosecuting authority if the discussion did not result in a guilty pleas or they resulted in a later-withdrawn guilty plea.
What is Rule 602?
Need for Personal Knowledge
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.
What is Rule 403?
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
What is Rule 408(a)?
Compromise Offers and Negotiations
Evidence of the following is not admissible, on behalf of any party, either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or contradiction: furnishing, promising, or offering a valuable consideration in compromising or attempting to compromise a claim and conduct or a statement made during compromise negotiations about the claim.
Are statements made to the police excluded under 410(a)?
the police do not qualify as prosecuting authority and therefore, the rule does not apply to those statements.
What is Rule 701?
Opinion testimony by lay witness
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: rationally based on the witness's perception, helpful to clearly understanding the witness's testimony or to determining a fact in issue, and not based on scientific, technical, or other specialized knowledge within the scope of rule 702.
What is the difference between regular 403 and reverse 403?
Under regular 403, we presume admissibility. The burden is on the party trying to exclude the evidence to show the probative value is substantially outweighed by the danger of unfair prejudice.
Under reverse 403, we presume inadmissibility. The burden is on the party trying to admit the evidence to show that the probative value is not substantially outweighed by the danger of unfair prejudice.
What is Rule 409
Offers to pay medical and similar expenses
evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
What is Rule 411?
Liability insurance
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness's bias or prejudice or proving agency, ownership, or control.
What is Rule 702?
Testimony by expert witness
a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion.
the testimony must help the trier of fact, be based on sufficient facts or data, be the product of reliable principles and methods, and reflect a reliable application of the principles and methods to the facts of the case.
When can evidence of subsequent remedial measures be admitted?
For another purpose, such as impeachment or-- if disputed-- proving ownership, control, or the feasibility of precautionary measures.
408(b) the court may admit this evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
What are the exceptions to 410(a)(3) and (4)?
(1) in any proceeding in which another statement made during the same plea or plea discussion has been introduced, if in fairness the statements ought to be considered together; or
(2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.
What is Rule 201?
Judicial notice of adjudicative facts
(a) this rule governs judicial notice of an adjudicative fact only, not a legislative fact.
(b) the court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
What type of evidence presents a special danger of unfair prejudice?
1. probability evidence of identity in a criminal case.
2. evidence of excessive violence.
3. novel scientific evidence.
4. similar occurrences, happenings, or events.
What rules will exclude statements of fault?
Rule 408 and 410 if the statements of fault are closely connected to the offer to compromise
What is the best evidence rule?
Rule 1002-- requirement of the original
an original writing, recording, or photograph is required in order to prove its contents unless these rules or a federal statute provides otherwise.
The rule applies only when a witness is testifying solely based on the contents of a writing or when a party attempts to prove the contents of a writing related to an issue in a case (contents of the writing is the issue).
ex. prove a provision in a contract
What is Rule 901 and 1003?
901-- to satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
1003-- A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate.