Evidence

Front 1

RELEVANT EVIDENCE (401)

Back 1

Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence

Front 2

ADMISSIBILITY OF EVIDENCE (402)

Back 2

All relevant evidence is admissible, except as otherwise provided by the Constitution, Act of Congress, by the FRE, or rules by the US Supreme Court pursuant to statutory authority. Evidence not relevant is not admissible.

Front 3

GENERAL RULE OF WITNESS COMPETENCY (601)

Back 3

Every person is competent to be a witness except as otherwise provided in the FRE. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law.

Front 4

LACK OF PERSONAL KNOWLEDGE (602)

Back 4

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the Ws own testimony. This rule is subject to the provisions of Rule 703 relating to opinion testimony by expert witnesses.

Front 5

Religious Beliefs or Opinions (610)

Back 5

Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purposes of showing that by reason of their nature the witness' credibility is impaired or enhanced.

Front 6

Opinion Testimony by Lay Witness (701)

Back 6

If the W is not testifying as an expert, the Ws testimony in the form of opinion or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, (b) helpful to a clear understanding of the Ws testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Front 7

Requirement of Authentication or Identification - General (901a)

Back 7

The requirement of authentication as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.

Front 8

Requirement of Authentication or Identification - Illustrations (901b)

Back 8

Examples of authentication or identification conforming with requirements: (1) Testimony of witness with knowledge; (2) Non-expert opinion on handwriting; (3) Comparison by trier or expert witness; (4) Distinctive characteristics and the like; (5) Voice identification; (6) Telephone conversations by evidence the call was made to a particular person or business if shown to the person answering to be the caller, or if to a business and conversation related to business was transacted; (7) Public records or reports; (8) Ancient documents or data compilation if in condition not to create suspicion concerning authenticity and was in place it was likely to be and in existence for 20 or more years when offered; (9) Process or system used to produce a result and showing such produces an accurate result; (10) Methods provided by statute or rule.

Front 9

Self Authentication (902)

Back 9

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: (1) Domestic documents under seal; (2) Domestic public documents not under seal, if certified under seal by a public officer in the district or subdivision that the signer that the signature is genuine; (3) Foreign public documents, if certified authentic; (4) Certified copies of public records; (5) Official publications by a public authority; (6) Newspapers and periodicals; (7) Trade inscriptions and the like; (8) Acknowledged documents by a notary or other authorized officer; (9) Commercial paper and related documents; (10) Presumptions under acts of congress; (11) Certified domestic records of regularly conducted activity; (12) certified foreign records of regularly conducted activity. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection in advance to provide a fair opportunity to challenge.