Evidence Mnemonics

Front 1

The proof must be “highly probable” to establish the existence of C2LAM GA2P2

Back 1

C – A Constructive trust (T CUP)
C – A CRL (covenant running with the land)
L – A Lost will
A – Actual malice in a defamation case
M – Mutual mistake, reformation, or fraud
G – Gift (AID)
A – Adultery
A – Adverse possession (EUNUCH)
P – Provisional remedies (LIAR)
P – Grounds to terminate Parental rights (MA & PA)

Front 2

Judicial notice is taken of indisputable facts when they are LMN

Back 2

L – Legislative facts
M – Manifest facts that are easily and quickly verifiable by referring to an indisputably
accurate source
N – Notorious facts that are so commonly known within the court’s jurisdiction that it
would waste the court’s time for a party to prove those facts

Front 3

A judge doesn’t have to admit C-MUPIT evidence

Back 3

C – Needlessly-presented Cumulative evidence to prove facts already established
M –Evidence Misleading or confusing to the jury
U – Evidence that would cause Undue delay (too time consuming)
P – Evidence that would have an “Unfair” Prejudicial effect on the jury
I – Evidence that would result in the confusion of Issues
T – Evidence that would cause an undue expenditure of Time

Front 4

Admit a RED habit in NY negligence cases where

Back 4

R – It was the party’s repetitive, regular, Routine response
E – The party was in complete and Exclusive control of the circumstances; AND
D – The routine act was Deliberate

Front 5

OPENS is closed out, even though it’s relevant

Back 5

O – Offers of compromise (in civil cases)
P – Evidence protected by Privilege
E – Evidence pertaining to the Existence of liability insurance in a personal injury case
N – A criminal defendant’s admissions in unsuccessful plea bargain Negotiations
S – Evidence of Subsequent remedial repairs after an accident (in civil cases)

Front 6

A witness must PURR before she can testify

Back 6

P – Personally perceived the event
U – Understand and take the oath or affirmation
R – Remember the event
R – Be able to Recall the event on stand

Front 7

A witness can be impeached with prior convictions, as well as prior VIC acts for which
she was not convicted

Back 7

V – Vicious acts
I – Immoral acts
C – Criminal acts

Front 8

The 4 “PRIORS” aren’t hearsay provided the declarant testifies

Back 8

1 – Prior recorded recollection
2 – Prior out-of-court identification
3 – Prior consistent statement
4 – Prior inconsistent statement that was given under oath, subject to penalty of perjury,
at a prior trial, hearing, or EBT

Front 9

Diversity jurisdiction requires federal courts to use state rules for PIPS

Back 9

P – Privileges
I – Incompetency of witnesses
P – Presumptions and inferences
S – State SOL

Front 10

For NOW, the Dead Man’s Statute is set aside (NY exceptions)

Back 10

N – In a Negligence action involving a car, boat, or plane (general facts and results of
accident)
O – When estate offers evidence/“Opens the door” or questions an interested W about
transactions or conversations with a dead person
W – If an estate fails to timely object at trial, it Waives the right to object based on DMS

Front 11

NON FLIPS are self-authenticating documents

Back 11

N – Newspapers and periodicals
O – Official publications issued by public authority
N – Notarized/acknowledged documents (except wills), where the signer appeared
before a notary, swore to truth of its content, and acknowledged execution
F – Foreign public records, if the custodian’s signature is certified by the US Embassy
L – Products identifiable by Label, tag, or trademark affixed in the reg course of business
I – Negotiable Instruments and commercial paper
P – Copies of Public documents or records, certified by the clerk of the agency or court
that oversaw its custody
S – Documents with a government Seal

Front 12

An original document may be replaced by A DOPE when

Back 12

A – Its content was judicially Admitted by party against whom it’s being offered
D – The document has been Destroyed or lost
O – The original is Outside the court’s subpoena jurisdiction
P – Public record
E – The original is under the Exclusive possession of the opposing party

Front 13

Reliable expert testimony can be given in a black CRAPE

Back 13

C – Confirmed by testing
R – Reviewed by peers
A – Widely Accepted theory in the profession
P – Whether Published
E – Potential Rate of Error

Front 14

To rebut an inference, a party can show that a missing witness was UCC

Back 14

U – Unavailable
C – Not under the party’s Control
C – The missing witness’s testimony would only be Cumulative

Front 15

The source for federal privileges are in the 3Cs

Back 15

C – The Constitution
C – Acts of Congress
C – Federal Common law

Front 16

Confidential privileges are SIR P CHAMP

Back 16

S – Certified Social Worker privilege
I – Privilege against Self-Incrimination (under the 5th & 14th amendments)
R – Rape crisis counselor’s privilege (NY, not in Federal Courts)
P – Press privilege
C – Clergy privilege
H – Husband-wife privilege and spousal testimonial privilege
A – Attorney-client privilege
M – MD-patient privilege
P – PhD/Psychologist privilege, which NY protects in the same manner as AC privilege

Front 17

No leading questions on direct, unless the witness is HAIRY

Back 17

H – Hostile, unwilling, or biased
A – An Adverse party
I – Identified/associated with an adverse party
R – Unable to Recall facts and so recollection needs refreshing
Y – Very Young or old with a communication problem

Front 18

Use a CRIB PIC to impeach a witness

Back 18

C – Impeachment by Contradiction
R – W’s bad Reputation in the community for truthfulness
I – W’s prior VIC acts (vicious, Immoral, or criminal)
B – W’s Bias
P – W’s Prior inconsistent statement
I – Influence of Drugs or Alcohol on W
C – Prior Criminal convictions of W

Front 19

RIP character evidence is admissible when a W’s character or trait of character is an
essential element in a crime, civil claim, or defense

Back 19

R – Reputation
I – Specific Instances of prior conduct
P – W’s Personal opinion

Front 20

A MIMIC can introduce prior crimes, on direct exam

Back 20

M – To show D’s Motive for committing crime
I – To show D’s specific Intent or guilty knowledge
M – To show absence of Mistake or accident
I – To Identify D as perpetrator
C – To establish a Common plan or scheme

Front 21

SIR admit you EAT2 DAMP and hearsay is admissible

Back 21

S – Declarant’s existing State of mind
I – Present sense Impression
R – Business Records
E – Excited utterance
A – Admission of a party opponent
T – Former Testimony
T – Witness Tampering (Intimidated Witness Rule)
D – Dying declaration
A – Declaration Against interest
M – Miscellaneous residual hearsay exception
P – Pedigree statements

Front 22

I declare P-DORM unavailable (and admit T-DAMP hearsay)

Back 22

P – A party who invokes a Privilege
D – A party who is Dead or too sick to come to court
O – A party Outside the court’s subpoena power
R – A party who Refuses to testify, even when ordered to do so by the court
M – A party who lacks Memory of the incident in question

Front 23

BRIBE K, and admit the listener’s state of mind

Back 23

B – Belief
R – Reason
I – Intent
B – Bias
E – Emotion
K - Knowledge

Front 24

Offer the Business Records of Mr. TRUMP

Back 24

T – Record must have been Timely made “at or near” the time of the matter recorded
R – It must have been the habitual, Routine, regular practice of that business to
systematically make and keep such a record
U – Out-of-court declarant must have been Under a duty to supply information for the
record, unless the statement falls into another hearsay exception, in which case the
statement would be admitted, provided the other 4 TRUMP elements are satisfied
(“hearsay w/in hearsay”)
M – The record was Made and the info was kept as part of the regular practice of that
business; AND
P – Business records must identify the source of the info, and the person supplying info
for the record must have had Personal knowledge of the matter recorded

Front 25

Declarations against interest require PUMP

Back 25

P – that the OOC declarant knowingly made statement against declarant’s own
3P interest:
P – Penal interest
P – Pecuniary interest ($)
P – Proprietary interest
U – that the OOC declaration was made by person who is P DORM Unavailable at trial
M – that when the declaration was made, the declarant had no Motive to misrepresent the
facts; AND
P – that the declarant had Personal knowledge of facts asserted

Front 26

When non-testimonial hearsay is admissible against the criminal defendant, it’s BAD

Back 26

B – Business records
A – Admission by co-conspirator made during and in furtherance of the conspiracy
D – Dying declaration