Evidence - Cribari

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Rule 101 - Scope

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These rules govern proc. in courts of the US and before the US bankruptcy judges and US magistrate judges to the extend and with the exceptions stated in R. 1101

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Rule 103 - Rulings on Evidence
(a) Effect of Erroneous ruling

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Error may not be predicated upon a ruling which admits or excludes evidence unless a SUBSTANTIAL right of the party is affected, AND

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Rule 103(a)(1) - Rulings on Evidence

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Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating specific ground of objection, if the specific ground was not apparent from the context OR

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Rule 103(a)(2) - Rulings on Evidence

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Offer of Proof: In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from teh context within which questions were asked.

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Rule 103(b) Rulings on Evidence

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Record of Offer and Ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in Q and A form.

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Rule 103(c) - Rulings on Evidence

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Hearing of Jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statement or offers of proof or asking Q's in the hearing of the jury.

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Rule 103(d) - Rulings on Evidence

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Plain Error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. (IOW - the court is not barred from pointing out egregious errors even if not on the record or counsel does not bring them up)

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Rule 104(a) - Preliminary Q

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Questions of Admissibility Generally: Prelim Qs concerning qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination, it is not bound by the rules of evidence except those with respect to privileges.

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Rule 104(b) - Preliminary Q

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Relevancy Conditioned on Fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

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Rule 104(c) - Preliminary Q

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Hearing of Jury. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other prelim matters shall be so conducted when the interests of justice require, or when an accused is a witness and so requests.

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Rule 104(d) - Preliminary Q

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Testimony by Accused. The accused does not, by testifying upon a prelim matter, become subject to cross as to other issues in the case

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Rule 104(e) - Preliminary Q

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Weight and Credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

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R. 105 - Limited Admissibility

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When evidence which is admissible as to one party or for one purpose 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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R. 401 - Definition of "Relevant Evidence"

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"Relevant evidence" means 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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R. 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 US, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.

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R. 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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R. 404(a) - Character evidence not admissible to prove conduct; Exceptions; other crimes

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(a) Character evidence generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
(1) Character of Accused. In a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same; or if evidence of a trait of character of the alleged victim of hte crime is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of teh accused offered by the prosecution;
(2) Character of alleged victim. In a criminal case and subject to the limitations imposed by Rule 412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor;
(3) Character of Witness. Evidence fo the character of a witness as provided in rules 607, 608, and 609

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R. 404(b) - Character evidence continued

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(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes...is not admissible to prove the character of a person in order to show action in conformity therewith. It may...be admissible for other purposes (motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident) provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.

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R. 405 - Methods of Proving Character (a and b)

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(a) Reputation or opinion. In all cases in 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-exam, inquiry is allowable into relevant specific instances of conduct
(b) Specific instances of conduct. 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 person's conduct.

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R. 406 - Habit; Routine Practice

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Evidence of the habit of a person or of the routine practice of an organization whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practices.

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R. 412(a) - Sex Offenses Cases...Evidence Generally Inadmissible

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The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivision (b) and (c):
1. Victim engaged in other sexual behavior
2. Evidence to prove any alleged victim's sexual predisposition

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R. 412(b)(1) - Sex Offenses Cases...Exceptions to inadmissibility in Criminal Cases

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(b) Exceptions --
1. In a criminal case, the following evidence is admissible, if otherwise admissible under these rules:
(A) evidence of specific instances of sex. behav. by the alleged victim offered to prove that a person other than the accused was the source of semen, injury or other physical evidence.
(B) evidence of specific instances of sexual behav. by the alleged victim with respect to the person accused of the sex. misconduct offered by the accused to prove consent or by the prosecution; and
(C) evidence the exclusion of which would violate the constitutional rights of the defendant.