Basics
An out-of-court statement is being offered for the truth of the matter asserted
801(c) - Hearsay
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion
702 - Testimony of Experts
A custodian, or certified witness, can attest that a business or organization regularly keeps consistent records of an activity
803-6- Records of a Regularly Conducted Business Activity
Hearsay within hearsay is not excluded from the rule against it if each part of the combined statement conforms to an exception to the rule
805- Hearsay within Hearsay
The court may exclude relevant evidence if it has a substantial danger of unfair prejudice, confusing issues, and/ or misleading the jury
403 - Predjudicial v. Probative
A Witness not testifying as an expert may testify to any rationally based perception, not based on scientific fact or technical knowledge
701- Opinion Testimony by Lay Witness
A hearsay statement is admissible if it is offered against a party and is a statement that he or she has manifested an adoption of or a belief in its truth.
801(d) - Admissions of a Party Opponent
A declarant testifies to a fact contradicting what they have previously stated
801(d)1- A declarant-witness's prior statement/ Admission against interest
A statement or exhibit that makes a fact more or less probable
401- Relevance
An opinion is not automatically objectionable simply because it embraces the ultimate issue
704 - Opinion on Ultimate Issue
A statement made while the declarant was under the stress or excitement of a startling event.
803(2) - Excited Utterance
A statement in a document that was prepared before January 1, 1998, and whose authenticity is established
HINT: Exception to Hearsay
803-16- Statements in Ancient Documents
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.
602- Need for Personal Knowledge
In a criminal case, an expert witness cannot state an opinion about whether or not the defendant did or did not have the mental state to commit the crime they are charged with
HINT: This is an exception to a rule!
704 (b)- Exception to Opinion on Ultimate Issue
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it
803(1) - Present Sense Impression
When measures are taken that would have made a prior injury or harm less likely to occur cannot be used to prove negligence, culpable conduct, defective product, or need for warning instructions
407- Subsequent Remedial Measures
If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on a timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.
105 - Limited Admissibility
Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
705- Disclosing the Facts or Data Underlying an Expert Opinion
A reputation among a person's associates or in the community concerning the person's character
803-21- Reputation Concerning Character
A statement is an exception to the Hearsay rule because the declarant is considered unavailable
804(a) 1-5- Criteria for Being an Unavailable Witness