Evidence

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FEDERAL RULE 105

LIMITED ADMISSIBILITY

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When evidence is admissible as to one party for one purpose m\but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

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FEDERAL RULE 106
REMAINDER OF OR RELATED WRITINGS OR RECORDED STATEMENTS

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When a writing or recorded statement is admitted by a party the other party may require that any other writing or recording be admitted to be considered contemporaneously with it.

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FEDERAL RULE 201
JUDICIAL NOTICE OF ADJUDICATIVE FACTS

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Must either:
1. generally known withing the territorial jurisdiction of the trial court (or)
2. be capable of accurate and ready determination by resort to sources where accuracy cannot reasonably be questioned.

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WHAT IS JUDICIAL NOTICE

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A substitute for evidence.

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FEDERAL RULE 301
PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS

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A presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.

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FEDERAL RULE 401
DEFINITION OF RELEVANT EVIDENCE

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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.

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FEDERAL RULE 402
RELEVANT EVIDENCE GENERALLY ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE

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All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules or by other rules prescribed by the Supreme Court.

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FEDERAL RULE 403
EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME

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Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

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FEDERAL RULE 404
CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT; EXCEPTIONS; OTHER CRIMES

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SEE 404a, 404 1(a), AND MOST IMPORTANTLY 404(b)

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FEDERAL RULE 404(a)
CHARACTER EVIDENCE GENERALLY

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Evidence of a persons character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion except as allowed by 404(a)(1), 404(a)(2) and 404(a)(3)

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FEDERAL RULE 404(a)(1)
404 exception 1:
CHARACTER OF ACCUSED

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In a criminal case

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FEDERAL RULE 404(a)(2)
404 exception 2
CHARACTER OF ALLEGED VICTIM

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In a criminal case

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FEDERAL RULE 404(a)(3)
404 exception 3
CHARACTER OF WITNESS

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Evidence

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FEDERAL RULE 404(b)
OTHER CRIMES, WRONGS, OR ACTS

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Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however be admissible to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake provided that the prosecution in a criminal case give reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the evidence it intends to introduce.

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METHODS OF PROVING CHARACTER
FEDERAL RULE 405 (a)

REPUTATION OR OPINION

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In all cases which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

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FEDERAL RULE 405(b)
SPECIFIC INSTANCES OF CONDUCT

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In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that persons conduct.

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FEDERAL RULE 406
HABIT; ROUTINE PRACTICE

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Evidence of habit of a person or the routine practice of an organization is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

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FEDERAL RULE 407
SUBSEQUENT REMEDIAL MEASURES

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It is public policy for safety that measures taken after an injury or harm is not admissible to prove negligence, culpable conduct, or product liability.

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FEDERAL RULE 408
COMPROMISE AND OFFERS TO COMPROMISE

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If there is a claim or charge compromises and offers to compromise are not admissible to prove the validity or invalidity of the claim or charge, or to impeach through a prior inconsistent statement or contradiction.

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FEDERAL RULE 409
PAYMENT OF MEDICAL AND SIMILAR EXPENSES

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