Evidence

Front 1

401.

Back 1

test for relevant evidence
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

Front 2

201

Back 2

judicial notice of adjudicative facts.
(way to get info admissible in case before jury sidestepping adversarial process)

a) scope: this rule governs judicial notice of an adjudicative fact only, not a legislative fact.
b) kinds of fact that may be judicially noticed: the court may judicially notice a fact that is not subject to reasonable dispute because it:
1) is generally known within the trial court's territorial jurisdiction; or
2) can be accurately and readily determined from sources whose accuracy cannot reasonable by questioned.

c) Taking notice: The court:
1) may take judicial notice on its own; or
2) must take judicial notice if a party requests it and the court is supplied with the necessary information.

Front 3

901

Back 3

Authenticating or identifying evidence.
(Laying the foundation is done to show that something is factually relevant and how it relates to the case)


a) In General. to satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

b) Examples. The following are examples only- not a complete list- of evidence that satisfies the requirement:

1) Testimony of a witness with knowledge. Testimony that an item is what is claimed to be.

2) Nonexpert Opinion about handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with tit that was not acquired for the current litigation.

3) Comparison by an expert witness or the trier of fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.

4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinct