Evidence

Front 1

FRE 801(d)(1) prior inconsistent statements, identifications, and prior consistent statements

Back 1

Person MUST be available!
Not hearsay if:
PIS: prior statement made under oath
PCS: offered to rebut an express or implied charge that witness is misleading/lying
PSI: any id ok including photo

Front 2

Prior Inconsistent Statement

Back 2

Person must be present and subject to x-exam
not hearsay if made under oath (ex: grand jury test. admiss to impeach and as substantive proof)

Front 3

Prior Consistent Statement

Back 3

Person must be present and subject to x-exam
Not hearsay if offered to rebut an express or implied charge that witness is misleading/lying
But: PCS must arise before motive to lie or exaggerate came into being

Front 4

Prior Statement of Identification

Back 4

Person must be present and subject to x-exam
Not hearsay, photo id ok.

Front 5

Photograph Authentication

Back 5

Expert test not required for
photo if someone can testify that the photo fairly and accurately represents or illustrates what it is supposed to

Front 6

Handwriting Authentication

Back 6

Expert test not required is someone personally familiar w/an individual's handwriting not acquired for the purposes of the litigation

Front 7

Best Evidence Rule

Back 7

original document required only when:
1. the terms of the writing are being proven or
2. the witness is testifying relying on the writing
only applicable to material terms (not collateral matters)

Front 8

Unavailability of a Declarant

Back 8

Unavailable if: P,R,L,D,A
1. privilege
2. refuses to testify despite court order
3. lacks memory of the subject memory
4. death or serious physical or mental illeness
5. absent and proponent cannot procure his attendance

Front 9

Exception to Hearsay if Declarant Unavailable

Back 9

1. Former testimony
2. statements against interest
3. dying declarations
4. statements of personal or family history
4. statements offered against party procuring declarant's unavailability

Front 10

Experts May Testify To

Back 10

1. personal observation
2. facts presented to the expert at trial (ex. Hypo)
3. facts introduced to the expert outside the courtroom

Front 11

Admissions in re settlements and medical bills

Back 11

payment of settlements or of medical bills and offeres to pay are always inadmissible
admissions with medical bills are admissible, admissions with settlements are not

Front 12

Relevance

Back 12

E is relevant if it has any tendency to make a material fact more probable or less probable than would be with case w/o the evidence
admissible unless exclusionary rule applies or probative value outweighed by pragmatic considerations

Front 13

When probative value of relevant evidence is outweighed by pragmatic considerations

Back 13

1. Danger of unfair prejudice
2. Confusion of the issues
3. Misleadig the jury
4. undue delay or waste of time
5. Unduly cumulative