Federal Rules Of Evidence

Front 1

Rule 103(a)(1)

Back 1

Preserving a claim of error for a ruling that ADMITS evidence

Front 2

Rule 103(a)(2)

Back 2

Preserving a claim of error for a ruling that EXCLUDES evidence

Front 3

Rule 104(a)

Back 3

Preliminary Questions -- witness is qualified, privilege exists, evidence is admissible (Preponderance standard)

Front 4

Rule 104(b)

Back 4

Relevance that Depends on a Fact (sufficient to support a finding standard)

Front 5

Rule 105

Back 5

Limiting Instructions for Inadmissible Evidence

Front 6

Rule 106

Back 6

Remainder or writings or recordings (ought in fairness)

Front 7

Rule 201

Back 7

Judicial Notice of Adjudicative Facts

Front 8

Rule 301

Back 8

Presumptions in Civil Cases

Front 9

Rule 401

Back 9

Test for Relevance Evidence

Front 10

Rule 401(a)

Back 10

Relevance -- logical relevance

Front 11

Rule 401(b)

Back 11

Relevance -- materiality

Front 12

Rule 402

Back 12

Relevant Evidence is admissible unless precluded by something

Front 13

Rule 403

Back 13

Exclude Relevant Evidence if probative value is substantially outweighed by [concern]

Front 14

Rule 404(a)

Back 14

Pure Character Evidence

Front 15

Rule 404(a)(1)

Back 15

Character Evidence is prohibited if used to show propensity

Front 16

Rule 404(a)(2)

Back 16

Criminal Case Exceptions for Character Evidence

Front 17

404(a)(2)(A)

Back 17

Def offers evidence of pertinent trait, Pros can rebut it

Front 18

404(a)(2)(B)

Back 18

Def offers evidence of victim's pertinent trait, pros can rebut it or show same trait in def

Front 19

404(a)(2)(C)

Back 19

Pros offers evidence of victims peacefulness to rebut claim victim was first aggressor in MURDER case

Front 20

404(a)(3)

Back 20

Placeholder for character evidence permitted usage for impeachment

Front 21

404(b)

Back 21

Crimes, wrongs, or other acts

Front 22

404(b)(1)

Back 22

Crimes, wrongs, or other acts are prohibited to show propensity

Front 23

404(b)(2)

Back 23

Crimes, wrongs, or other acts can be used to show something other than propensity ((A) and (B) say that you must give notice of this in a criminal case if requested by Def)

Front 24

405

Back 24

Methods of Proving Character

Front 25

405(a)

Back 25

Reputation or Opinion. On cross, specific instances

Front 26

405(b)

Back 26

Specific Instances when Character an essential element

Front 27

406

Back 27

Habit, Routine Practice

Front 28

407 - 412

Back 28

Otherwise Relevant Evidence that is Excluded (save for exceptions) because of policy reasons. Subsequent Remedial Measures, Compromise Offers and Negotiations, Offers to Pay Expenses, Pleas, Liability Insurance, Victim's Sex Predisposition

Front 29

413 - 415

Back 29

Seemingly Propensity Evidence that is admissible for sex crimes

Front 30

501

Back 30

Privileges in General (Common law provides privilege rules, unless otherwise)

Front 31

502

Back 31

Atty-Client and Work Product Privileges

Front 32

601

Back 32

All people are competent witnesses unless otherwise

Front 33

602

Back 33

Witness must testify from personal knowledge (evidence sufficient to support a finding standard for determining if witness has such knowledge)

Front 34

603

Back 34

Oath

Front 35

604

Back 35

Interpreter

Front 36

605

Back 36

Judge can't testify

Front 37

606(a)

Back 37

Juror can't testify in front of other jurors

Front 38

606(b)

Back 38

Juror testifying about verdict

Front 39

607

Back 39

Anyone can impeach any witness

Front 40

608

Back 40

Witness's character for truthfulness

Front 41

608(a)

Back 41

Reputation or Opinion. Only can bring evidence of truthful after being attacked

Front 42

608(b)

Back 42

Specific Instances -- no extrinsic evidence except 609 criminal conviction. But can ask on cross about specific instances of (1) this witness, or (2) another witness whose truthfulness this witness has testified about

Front 43

609

Back 43

Impeachment by Criminal Conviction

Front 44

609(a)(1)

Back 44

Felonies --
(A) all cases except criminal defendant, must be admitted subject to 403
(B) from criminal defendant, must be admitted if probative value outweighs prejudicial effect

Front 45

609(a)(2)

Back 45

Any crime that includes dishonesty, must be admitted

Front 46

609(b)

Back 46

Crimes more than 10 years ago, probative value must substantially outweigh its prejudicial effect, and must give notice

Front 47

609(c)

Back 47

Inadmissible for pardon, annulment

Front 48

609(d)

Back 48

Juvenile crimes only admissible if necessary

Front 49

610

Back 49

Religious beliefs can't be used to support or attack credibility

Front 50

611

Back 50

Presenting Witness Procedure

Front 51

611(a)

Back 51

Court control and guiding purpose

Front 52

611(b)

Back 52

Scope of Cross -- stays with direct + credibility + court says

Front 53

611(c)

Back 53

Leading questions (Cross or hostile)

Front 54

612

Back 54

Writing used to refresh witness's memory (opposing can inspect, cross, and admit into evidence)

Front 55

613

Back 55

Procedures for Witnesses Prior Statement

Front 56

701

Back 56

Lay Witness Opinion

Front 57

702

Back 57

Expert Testimony Requirements

Front 58

703

Back 58

Bases of Expert Opinion

Front 59

704

Back 59

Opinion on the ultimate issue (a) not automatic objection, (b) except for state of mind in criminal case

Front 60

705

Back 60

Expert can first state opinion without giving underlying basis

Front 61

801(c)

Back 61

Definition of Hearsay

Front 62

801(d)

Back 62

Hearsay Exclusions

Front 63

801(d)(1)

Back 63

Declarant-Witness's Prior Statement (a) inconsistent with testimony, (b) consistent with testimony and offered to rebut charge that declarant changed story, or (c) identifies a person perceived earlier

Front 64

801(d)(2)

Back 64

Opposing party statement: individual, representative, adopted, or by co-conspirator in conspiracy

Front 65

802

Back 65

Hearsay not allowed unless otherwise

Front 66

803

Back 66

Hearsay Exceptions

Front 67

804

Back 67

Hearsay Exceptions when the declarant is unavailable

Front 68

805

Back 68

Hearsay within Hearsay

Front 69

806

Back 69

Hearsay Declarant's Credibility can be Impeached like any other witness

Front 70

807

Back 70

Hearsay Residual Exception

Front 71

901(a)

Back 71

Authenticity or Identification must occur and standard is sufficient to support a finding

Front 72

901(b)

Back 72

Specific Examples of Authenticity Methods

Front 73

902

Back 73

Self- Authenticating Evidence

Front 74

1002

Back 74

Best Evidence Rule

Front 75

1003

Back 75

Duplicates are OK for Best Evidence

Front 76

1004

Back 76

Situations in which best evidence doesn't apply

Front 77

1005

Back 77

Copies of Public Records

Front 78

1006

Back 78

Summaries to prove content