100s
Rule 106
The rule of completeness
if a party introduces a statement, the opposing party can require them to bring in the statement in it's entirety.
Rule 401
Rule of relevance
relevant if it has the tendency to make a fact more or less probable than it would be without the evidence
the fact is of consequence in determining the action (basically the evidence has to be relevant lol)
Need for personal knowledge
witnesses may only testify to things they have personal knowledge of
Rule 701
Lay witness opinion testimony
(a). based on rationally based perception
(b). helpful to understanding witnesses testimony or proving a fact
(c). not based on any specialized knowledge
Rule 801
Definition of hearsay
An out of court statement made by a declarant used in court for the truth of the matter asserted.
Can be in the form of writing, spoken words, or gestures
Rule 403
Exclusions of relevant evidence
relevant evidence can be excluded if its probative value is substantially outweighed by a danger of one or more
unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or presenting needlessly cumulative evidence.
Rule 608
character trait for truthfulness or untruthfulness
(a). reputation or opinion: witnesses reputation of untruthfulness can be used, as long as notice is given. reputation for truthfulness can only be used if untruthfulness is attacked.
(b.) specific instances of conduct
Rule 702
Expert testimony
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier understand evidence or fact in issue
(b) the testimony is based on sufficient facts or data
(c) the testimony is the product of reliable principles and methods; and
(d) expert reliably applied their method to the facts of todays case
Rule 803
Exceptions to the rule against hearsay
803.1: Present sense impression. essentially describing something as it is happening. emotion is irrelevant.
ex: the car is driving by, and just turned on its left blinker.
803.2: Excited utterance: statement made under the stress of something. Essentially it has to be an immediate reaction to a stressful event.
ex: ouch! that car just rear ended me! what the heck!
803.3: Then existing mental, emotional, or physical condition, such as going to show motive, intent, or plan.
Rule 404
character evidence
(1): prohibited uses: evidence of a persons character is not admissible to prove they acted in accordance with that character on the day of a crime
Exceptions:
A: defendant may offer evidence of a pertinent character trait, which can be rebutted by the prosecution. Opposing council must be made aware of the intention.
B: defendant can offer evidence of alleged victims pertinent trait, and if evidence is admitted prosecution can rebut or show the defendant shares that same character trait.
C: In a homicide case, prosecution can offer trait of peacefulness as a rebuttal to the idea that the victim was the first agressor
Rule 609
Impeachment by evidence of a criminal conviction
limit on using after 10 years, probative value must substantially outweigh prejudicial value.
Ex: Lennox Reynolds perjury, 11 years ago but being that the witness is testifying again, the perjury charge is far more probative than prejudicial
Rule 703
Experts can cite otherwise inadmissible evidence if that evidence helped them come to their conclusion and would have typically used by experts in the field.
Probative value must substantially outweigh prejudicial value.
Rule 805
Hearsay within hearsay
A hearsay statement wrapped into another hearsay statement
How to get around: prepare hearsay arguments for each separate hearsay statement
Rule 405
Methods of proving character
a. By reputation or opinion
b. Specific instances of conduct
experts can give their opinions without first testifying to all of the facts and data they used to form their opinion
Rule 1002
Rule of best evidence
original writing, recording, or photographs must be admitted into evidence to prove the contents
Rule 406
habit or routine: evidence that a person has a specific habit or routine can be used to show that a person acted in accordance with that habit or routine on the day in question