400's
Rule 401
Test for relevant evidence
Rule 601
Competency to testify
Rule 701
Opinion testimony by lay witness
Hearsay (801)
An out-of-court statement being used to prove the truth of the matter asserted.
Rule 404
Character evidence
Rule 602
Need for personal knowledge
Ruel 703
Bases of an Expert Opinion Testimony
Rule 805
Hearsay within hearsay
Rule 406
Habit or routine practice
Rule 603 & Rule 615
Oath to testify/excluding witnesses (usually used during pre-trial)
Rule 704
Opinion on an Ultimate Issue
Rule 804
Exception to hearsay - when declarant is unavailable to testify
Rule 407
Subsequent remedial measures
Rule 608
A witnesses character for truthfulness or untruthness
Rule 705
Disclosing the Facts or Data Underlying an Expert Opinion
Rule 801 exceptions
1. Witnesses prior statement made in court
2. Opposing party
Rule 403
Evidence may be excluded if it is one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 609
Impeachment by Evidence of a Criminal Conviction
Rule 702
Testimony by Expert Witness can only be used if: Their expertise can assist in understanding evidence or resolving an issue, their testimony is supported by relevant facts or data, their testimony relies on trustworthy methods, AND they've consistently applied these principles and methods to the case's facts.
Rule 803 exceptions
Exceptions for hearsay can include:
Present sense impression, excited utterance, then-existing mental/emotional/physical impression, medical diagnosis, recorded recollection, regularly conducted activity, public records/statistics, reputation