Evidence Rules

Front 1

Rule 607

Back 1

The credibility of a witness may be attacked by any party, including the party calling the witness.

Front 2

Rule 401

Back 2

Def. of Relevant Evidence

Must be material and probative = any tendency to make existence of any fact of consequence more or less probable than without the evidence

Front 3

Rule 402

Back 3

Relevant evidence is admissible.

Front 4

Rule 403

Back 4

Trial court discretion in admitting relevant evidence. Exceptions for:
unfair prejudice
confusion of issues
misleading the jury
undue delay
waste of time
needless presentation of cumulative evidence

Front 5

Rule 101

Back 5

Scope.

Applies to US Federal judges, bankruptcy judges, and magistrate judges except as in 1101.

Front 6

Rule 1101(a)

Back 6

Courts and judges.

Applies to district courts, courts of appeals, Dist. Courts of Guam, Virgin Islands, Northern Mariana Islands, U.S. Claims Courts, bankruptcy courts, magistrate judges.

Front 7

Rule 1101 -- in general

Back 7

Applicability.

Front 8

Rule 1101(b)

Back 8

Proceedings in general.

Civil (including maritime and admiralty), criminal, contempt (except when court can act summarily) and Title 11 of the US Code (bankruptcy)

Front 9

Rule 1101(c)

Back 9

Rule of Privilege.

Applies to all stages of all proceedings, cases, and actions.

Front 10

Rule 1101(d)

Back 10

Rules inapplicable.

Do not apply when:
1) Preliminary question of fact (see Rule 104)
2) Grand jury
3) Miscellaneous proceedings (see book)

Front 11

Rule 1101(e)

Back 11

Exceptions

Consult book for list.

Front 12

Rule 102

Back 12

Purpose and construction.

Achieve fairness, eliminate unjustified expense and delay, promotion of justice and truth.

Front 13

Rule 1102

Back 13

Amendments.

Section 2072 of title 28 of USC.

Front 14

Rule 1103

Back 14

Title -- The Federal Rules of Evidence.

Front 15

Rule 405 -- in general

Back 15

Methods of Proving Character

Front 16

Rule 405(b)

Back 16

Specific instances of conduct.

When character or character trait is an element of charge, defense, or claim, proof of specific instances of conduct OK.

Front 17

Rule 412 -- in general

Back 17

Sex Offense Cases; Relevance of alleged victim's past sexual behavior or predisposition

Front 18

Rule 412(a)

Back 18

Evidence generally inadmissible (except as in (b) or (c)):
1. Evidence to prove other sexual behavior by alleged victim
2. Evidence to prove alleged victim's sexual predispostion

Front 19

Rule 412(b)

Back 19

Exceptions
1) In criminal case admissible if:
A) evidence of specific instances of sexual behavior to prove person other than accused was source of semen, injury, or other physical evidence
B) evidence of specific instances of victim's sexual behavior with person accused to prove consent
C) evidence where exclusion would violate constitutional rights of defendant
2) In civil case, evidence of alleged victim's sexual behavior or predisposition OK if value outweighs harm to victim. Victim must have placed it in controversy for it to be admitted.

Front 20

Rule 412(c)

Back 20

Procedure to determine admissibility.

1) If submitting under (b)
A) then must file written motion 14 days before trial, decribing, stating purpose, unless court for good cause has different time line
B) serve motion on all parties and notify victim or victim's guardians
2) Court must hold in camera hearing and allow victims and parties to attend and be heard. Motion, record, and related papers to hearing must be sealed and remain sealed unless court orders otherwise.

Front 21

Rule 413 -- in general

Back 21

Evidence of similar crimes in sexual assault cases

Front 22

Rule 413(a)

Back 22

When D accused of SA, evidence of similar crimes by D admissible for any matter it is relevant.

Front 23

Rule 413(b)

Back 23

When gov't. submits under this rule, gov't. must disclose evidence to D, including statements of witnesses or summary of testimony, at least 15 days before trial. (unless court has good cause and then submitted later according to court's deadline)

Front 24

413(c)

Back 24

Does not limit admission of evidence under any other rule

Front 25

Rule 413(d)

Back 25

"offense of sexual assault" means:
1) conduct under 18 USC 109A
2) contact, w/o consent, of any part of D's body and genitals or anus of someone else
3) contact, w/o consent, between genitals and anus of D with another's body
4) deriving sexual pleasure or gratification from infliction of death, bodily injury or physical pain of another
5) an attempt or conspiracy to engage in behavior described above

Front 26

Rule 414 -- in general

Back 26

Evidence of Similar Crimes in Child Molestation Cases

Front 27

414(a)

Back 27

When D accused of child molesting, evidence of similar offense admissible and may be considered if relevant

Front 28

414(b)

Back 28

If gov't. offers evidence, must let D know, including summary of testimony or witness statements, no less than 15 days before trial or later date court gives for good cause

Front 29

414(c)

Back 29

Does not limit admission of evidence under any other rule

Front 30

Rule 414(d)

Back 30

"Child" = below 14
"Offense of child molestation" =
1) 18 USC 109A in relation to child
2) 18 USC 110
3) contact between any part of D's body and anus or genitals of child
4) contact between anus and genitals of D and any part of body of a child
5) deriving sexual gratification or pleasure from inflicting, death, bodily injury, or physical pain on a child
6) attempt or conspiracy to engage in conduct described above

Front 31

Rule 415 -- in general

Back 31

Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation

Front 32

Rule 415(a)

Back 32

In civil case, evidence admissible under same rules as 413 and 414

Front 33

Rule 415(b)

Back 33

Must disclose at least 15 days before trial unless court has good cause to give different date

Front 34

Rule 415(c)

Back 34

Rule not construed to limit admission of evidence under any other rule

Front 35

Rule 406

Back 35

Habit; Routine Practice

Evidence of habit of person or routine practice of organization (whether or not corroborated or there are eyewitnesses) OK to show that act was in conformity with habit

Front 36

Rule 801 -- in general

Back 36

Hearsay definitions.

Front 37

Rule 801(a)

Back 37

Statement = 1) oral or written assertion, 2) nonverbal conduct, it is intended by the person as an assertion

Front 38

Rule 801(b)

Back 38

Declarant = person who makes a statement

Front 39

Rule 801(c)

Back 39

Hearsay = Statement other than one made by declarant while testifying at trial or hearing, offered in evidence to prove truth of matter asserted

Front 40

Rule 802

Back 40

Hearsay rule.

Not admissible (except when it is -- in other rules)