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100
C)Hearsay statement that: 1. declarant doesn't make while testifying 2. prove the truth of the matter asserted in statement
801
100
relevant if: a) has tendency to make fact more or less probable than it would be without the evidence and b) fact is of consequence in determining the action
401
100
Need for Personal Knowledge/ Outside Scope of Knowledge witness may not give testimony if sufficient evidence has not been introduced to justify the witness's knowledge. subject to 703
602
100
Opinion Testimony Lay Witness a)rationally based on witness's perception b)helpful to clearly understanding witness's testimony or determining fact in issue c)not specialized
701
100
Present-sense Impression: explaining/describing an event/condition, made while/immediately after declarant perceived it
803 (1)
200
Excited Utterance: statement relating to a startling event/condition, made while declarant was under stress of excitement
803 (2)
200
Excluding relevant evidence if the probative value is outweighed by danger of: unfair prejudice confusing misleading jury wasting time
403
200
Testimony by Expert if: a) special knowledge helps jury understand evidence b) testimony based on sufficient facts/data c) testimony is product of reliable principles and methods d) reliably apply methods to facts
702
200
Then Existing Mental,Emotional, or Physical Condition: statement of declarant's state of mind (motive, intent, plan) or emotional, sensory, or physical condition, but not including memory or belief
803 (3)
300
Recorded Recollection: record that a) matter that witness knew about but can't remember b) made or adopted by witness when matter was fresh c) accurately reflects their knowledge
803 (5)
300
(a) Character Evidence (1) Prohibited Uses: Evidence of a person's character/character trait is not admissible to prove that person acted in accordance with character trait (2) Exceptions for a Defendant or Victim in Criminal Case: (a) if defense notifies opposing counsel of intent to offer trait
404
300
If experts would reasonably rely on facts/date in forming opinion, they don't need to be admissible for opinion to be admitted. However, if facts/data would otherwise be inadmissible, it may be disclosed to jury if probative value outweighs prejudicial
703
300
Records of Regularly Conducted Activity: record of an act, event, condition, opinion, or diagnosis a,b,c, d)all these conditions shown by testimony of custodian or qualified witness
803 (6)
400
Criteria for Being Unavailable: if 5) is absent from trial and statement's proponent has not been able by process or other reasonable means to procure: B) the declarant's attendance or testimony in case of a hearsay exception under 804(b)(3)
804 (a)
400
Crimes, Wrongs, Act (1) Prohibited Uses: evidence of crime, wrong, act, not admissible to prove person's character to show conformity (2) Permitted uses: evidence may be admissible for proving motive, opportunity, intent, but prosecution must provide written notice
404 (b)
400
Opinion on Ultimate Issue a)not automatically objectionable b)exception: an expert witness must not state opinion about whether defendant did or did not have mental state or condition that constitutes element of crime
704
400
Statement against interest: a statement that: a) reasonable person in that position would have made only if the person believed it be true because it was so contrary to their interests and exposed declarant to criminal liability b) supported by corroborating circumstances that clearly indicate trustworthiness
804 (b)(3)
500
Hearsay within Hearsay: not excluded by the rule against hearsay if each part of the combined statement conforms with an exception to rule
805
500
Methods of Proving: a) reputation or opinion b) specific instances of conduct
405
500
Disclosing Facts/Data Underlying Expert's Opinion Expert can state opinion and give reasons for it without first testifying to underlying facts/data
705