Evidence

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Federal Rule 614
Court's Calling or Examining Witness

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(a) The court may call a witness on its own or at a party's request. Each Party is entitled to cross-examine the witness
(b) Examining. The court may examine a witness regardless of who calls the witness.
(c) Objections. A party may object to the court's calling or examining a witness either at that time or at the next opportunity when the jury is not present.

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Federal Rule 104 (a)
Preliminary Questions

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(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In deciding, the court is not bound by evidence rules, except those on privilege.

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Federal Rule 104(b)
Preliminary Questions
Relevance That Depends on a Fact.

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When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

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Federal Rule 104(c)
Preliminary Questions
Conducting a Hearing So That the Jury Cannot Hear it.

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The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:
(1) the hearing involves the admissibility of a confession;
(2) a defendant in a criminal case is a witness and so requests; or
(3) justice so requires

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Federal Rule 104(d)
Preliminary Questions
Cross Examining a Defendant in a Criminal Case.

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By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.

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Federal Rule 104(e)
Preliminary Questions
Evidence Relevant to Weight and Credibility.

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This rule does not limit a party's right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.

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Rule 301
Presumptions in Civil Actions Generally

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In a civil case, unless a federal statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had it originally.

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Rule 302
Applying State Law to Presumptions in Civil Cases

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In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision.

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Rule 401
Test for Relevant Evidence

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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.

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Rule 402
General Admissibility of Relevant Evidence

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Relevant evidence is admissible unless any of the following provides otherwise:
- the United States Constitution
- a federal statute;
- these rules; or
- other rules prescribed by the Supreme Court

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Rule 403
Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

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The court may exclude relevant evidence if its probative value is subtantially 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.

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Rule 404 (a)(1)
Character Evidence; Crimes or Other Acts

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(a) Character Evidence
(1) Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

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Rule 404(a)(2)
Exceptions for a Defendant or Victim in a Criminal Case

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The following exceptions apply in a criminal case:
(A) a defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;
(B) subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may:
(i) offer evidence to rebut it; and
(ii) offer evidence of the defendant's same trait; and
(C) in a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor

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Rule 404(a)(3)
Exceptions for a Witness

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Evidence of a witness's character may be admitted under Rules 607, 608, and 609

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Rule 404(b)
Crimes, Wrongs, or Other Acts

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(1) Prohibited Uses.
Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.

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Rule 404(b)(2)
Permitted Uses; Notice in a Criminal Case

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This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defenant in a criminal case, the prosecutor must:
(A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and
(B) do so before trial-- or during trial if the court, for good cause, excuses lack of pretrial notice.

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Rule 405
Methods of Proving Character

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(a) By Reputation or Opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
(b) By Specific Instances of Conduct. When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's conduct.

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Rule 406
Habit; Routine Practice

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Evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

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Rule 611
Mode and Order of Examining Witnesses and Presenting Evidence

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(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
(1) make those procedures effective for determining the truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue embarrassment.
(b) Scope of Cross-Examination. Cross examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility. the court may allow inquiry into additonal matters as if on direct examination.
(c) Leading Quesions. Leading questions should not be used on direct examination except as necessary to develop the witness's testimony. Ordinarily, the court should allow leading questions:
(1) on cross examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with and adverse party.