Evidence

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Rule 102

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These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense or delay, and to promote the development of evidence law to the end of ascertaining the truth and securing a just determination.

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Rule 103(a)(1)

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A party can claim error in a ruling to admit or exclude evidence only if the error effects a substantial right of the party and (1) if the ruling admits the evidence, the party on record, timely objects or moves to strike; and states the specific ground unless it is apparent from the context.

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Rule 103(a)(2)

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A party can claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and (2) if the ruling excludes the evidence, the party informs the court of its substance and offers proof, unless the substances was apparent from the context.

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Rule 104(a)

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

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Rule 104(b)

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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 proof be introduced later.

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Rule 104(c)

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

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Rule 104(d)

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

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Rule 104(e)

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

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Rule 105

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When evidence is admissible against a party or for a purpose--but not against another party of for another purpose--the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

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Rule 401

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Evidence is relevant if (1) it has any tendency to make a fact more or less probable than it would be without the evidence; and (2) the fact is of consequence in determining the action.

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Rule 402

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Relevant evidence is admissible unless any of the following provide otherwise: The US Constitution, a federal statute, these rules, or other rules prescribed by the US Supreme Court. Irrelevant evidence is NOT admissible.

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Rule 403

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The court may exclude relevant evidence if its probative value is substantially 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)

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Evidence of a persons character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with that character or trait.

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Rule 404(a)(2)(A)

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IN A CRIMINAL CASE: A defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admit it, the prosecution may offer evidence to rebut it.

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Rule 404(a)(2)(B)

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IN A CRIMINAL CASE: A defendant may offer evidence of the alleged victim's pertinent trait, and if the evidence is admitted the prosecution may (i) offer evidence to rebut it; (ii) offer evidence of the defendant's same trait.

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Rule 404(a)(2)(C)

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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)

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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)(1)

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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 or trait.

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Rule 404(b)(2)

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This evidence is admissible for another purpose such as to prove, motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, and lack of accident. By request of a defendant in a criminal case, the prosecution must (1) provide reasonable written notice of the general nature of any such evidence the prosecutor intends to offer at trial; and (2) do so before trial unless the court, for good cause, excuses lack of pretrial notice.

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Rule 405(a)

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When evidence of character or character trait is admissible, it may be proved by testimony about the persons reputation or by testimony in the form of an opinion. On cross examination, the court may allow inquiry into relevant specific instances of the person's conduct.

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Rule 405(b)

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When a person's character or character trait is an essential element of the 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

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Evidence of a person's habit or an organization's routine practice is admissible to prove that on a certain 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 407

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When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measure is not admissible to prove (1) negligence; (2) culpable conduct (includes strict liability); (3) a defect in product or design; or (4) a need for warning or instruction. But the court may admit this evidence for another purpose such as impeachment--or if disputed--to prove ownership, control, or feasibility of precautionary measures.

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Rule 408(a)(1)-(2)

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Evidence of the following is not admissible--on behalf of either party--to prove or disprove the validity or amount of a dispute claim or to impeach by a prior inconsistent statement or contradiction: (1) furnishing, offering, promising--or accepting, offering to accept, or promising to accept--a valid consideration in compromising or attempting to compromise a claim; and (2) a conduct or statement made during compromise negotiations, except when it is offered in a criminal case or the negotiations are related to a claim by a public agency in their exercise of their regulatory, investigative, or enforcement authority.

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Rule 408(b)

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The evidence may be admitted for another purpose such as to show a witness bias or prejudice, negating a contention of undue delay, or to show an effort to obstruct a criminal investigation or prosecution.

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Rule 409

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Evidence of furnishing, offering, or promising to pay medical, hospital or similar expenses resulting from an injury is not admissible to prove liability for the injury.

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Rule 411

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Evidence that a person is insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose such as proving a witness prejudice or bias, or to prove agency, ownership, or control.

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Rule 601

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Every person is competent to be a witness, unless these rules provide otherwise. But in a civil case, state law governs the witness's competency regarding a claim or defense for which state law supplies the rule of decision.

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Rule 602

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A witness may testify on a matter only if evidence is introduced to support a finding that the person has personal knowledge of the matter. Evidence to prove personal knowledge can consist of the witness's own testimony. This rule does not apply to a witness's expert testimony under rule 703.

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Rule 603

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Before testifying a witness must give an oath or affirmation to testify truthfully. This must be in a form designed to impress the duty on the witness's conscience.

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Rule 606(a)

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A juror may not testify as a witness in front of other jurors at trial. If a juror is called to testify, the court must give the party an opportunity to object outside of the jury's presence.

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Rule 606(b)(1)

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During an inquiry into a verdict or indictment, a juror may not testify about any statement made or incident that occurred during juror's deliberations, the effect of anything on the juror's or other juror's vote, and any of the juror's mental processes concerning the verdict or indictment. The court may not receive a juror's affidavit or evidence of a juror's statement on these matters.

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Rule 606(b)(2)

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A juror may testify about whether (1) extraneous prejudicial information that was improperly brought to the jury's attention; (2) an outside influence was improperly brought to bear on the juror; and (3) A mistake was made when entering the verdict on the verdict form.

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Rule 607

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Any party, including the party that called the witness, may attack the witness's credibility.

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Rule 608(a)

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A witness's credibility may be attacked in the form of a testimony about the witness's reputation for having a character for truthfulness or untruthfulness or by testimony in the form of an opinion. But evidence of a witness's truthful character is admissible only after the witness's character for truthfulness has been attacked.

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Rule 608(b)(1)-(2)

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Except for a criminal conviction under rule 609, extrinsic evidence to prove specific instances of a witness's conduct is not admissible to attack or support a witness's character for truthfulness. But the court may, on cross examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of (1) the witness; or (2) another witness whose character the witness being cross examined has testified about.

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Rule 608

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By testifying on another matter, a witness does not waive any privilege against self incrimination for testimony that relates only to the witness's character for truthfulness.

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Rule 609(a)(1)

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For a crime that, in a convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the court must admit the evidence subject to 403, in a civil case and in a criminal case where the witness is not a defendant and it must be admitted in a criminal case where the witness is a defendant if the probative value outweighs its prejudicial effect to that defendant.

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Rule 609(a)(2)

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For any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of a crime required proving--or witness admitting--to a dishonest act or false statement.

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Rule 609(b)

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This subdivision (b) applies if more than 10 years have passed since the witness's conviction or release from confinement for it, whichever is later. The evidence of the conviction is admissible only if it's probative value, supported by specific acts and circumstances, substantially outweighs its prejudicial effect, and the proponent gave an adverse party reasonable notice of the intent to use is to that the party has a fair opportunity to contest its use.

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Rule 609(c)

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Evidence of a conviction is not admissible if (1) the conviction is the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime that is punishable by death or by imprisonment for more than one year; or (2) the conviction is the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

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Rule 609(d)

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Evidence of a juvenile adjudication is admissible under this rule only if (1) it is offered in a criminal case ; (2) the adjudication is of a witness other than the defendant; (3) an adult conviction for the offense is admissible to attack an adult's credibility; and (4) admitting it is necessary to fairly determine guilt or innocence.

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Rule 609(e)

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If the conviction satisfies this rule, it is admissible even if there is an appeal pending. Evidence of the pendency is also admissible.

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Rule 610

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Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.

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Rule 611(a)

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The court should exercise reasonable control over the mode and order of examining a witness or presenting evidence in order to (1) make the procedures effective in determining the truth; (2) avoid wasting time; (3) protect the witness from harassment and undue embarrassment.

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Rule 611(b)

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Cross examination should not go beyond the subject matter of direct examination and matters affecting the witness credibility. The court may allow inquiry into additional matters as if on direct examination.

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Rule 611(c)

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Leading questions should not be used on direct examination except as necessary to develop a witness's testimony. Ordinarily, the court should allow leading questions (1) on cross examination; and (2) when the party calls a hostile witness, an adverse party, or a witness identified with the adverse party.

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Rule 613(a)

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When examining a witness about a prior statement, the party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to the adverse party's attorney.

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Rule 613(b)

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Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given the opportunity to explain or deny it; and the adverse party was given a chance to cross examine the witness about it or justice so requires. This subdivision (b) doesn't apply to an opposing party's statement under rule 801(d)(2).