Federal Rules Of Evidence

Front 1

Rule 104(a).

Back 1

(1) Court decides

• Witness qualification
• Privilege
• Admissibility

(2) Not bound by evidence rules, except those on privilege.

Front 2

Rule 104(b).

Back 2

(1) When relevance depends on whether a fact exists, the jury resolves the factual dispute with

(2) proof sufficient to support a finding by court;

(3) the court may admit on condition that proof be introduced later.

Front 3

Rule 401.

Back 3

(1) Any tendency to make

(2) a fact of consequence

(3) more probable or less probable than it would be otherwise.

Front 4

Rule 402.

Back 4

(1) All relevant evidence is admissible; irrelevant evidence is inadmissible

(2) unless otherwise provided by

• Constitution
• Congressional Act
• FRE
• Supreme Court

Front 5

Rule 403.

Back 5

(1) Prejudicial effect

(2) substantially outweighs

(3) probative value

Dangers: 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.

Front 6

Rule 407.

Back 6

(1) Measures taken

(2) that would've made injury less likely to occur

(3) are not admissible to prove negligence, culpability, or defect in product/design/warning

(4) unless offered to show another purpose (ownership, control, or feasibility of precautionary measures, if controverted, or impeachment).

Front 7

Rule 408.

Back 7

(1) Furnishing, offering, or accepting

(2) a valuable consideration OR

(3) conduct / statements made

(3) during compromise negotiations

(4) are not admissible to prove validity/amount or to impeach
(5) unless offered for another purpose (bias or prejudice, negating undue delay, proving effort to obstruct)

Front 8

Rule 409.

Back 8

(1) Furnishing, offering, or promising

(2) payment of medical expenses

(3) is not admissible to prove liability for the injury

Front 9

Rule 410.

Back 9

(1) In any civil or criminal proceeding,
(2) a plea of guilty later withdrawn OR no contest,
(3) any statement made during a plea proceeding
OR plea discussion with the prosecuting authority that doesn't result in a guilty plea

(4) is not admissible against pleading defendant

(5) unless it should be considered in fairness

OR in a criminal proceeding for perjury

Front 10

Rule 411.

Back 10

(1) Evidence that a person was or was not insured against liability

(2) is not admissible when offered to prove negligence or wrongful conduct

(3) unless offered for another purpose (proof of agency, ownership, control, OR bias/prejudice).

Front 11

Rule 601.

Back 11

(1) Every person is competent to be a witness

(2) except as otherwise provided in these rules

(3) unless state law supplies the elements of the offense in a civil case

Front 12

Rule 602.

Back 12

(1) Evidence sufficient to support a finding (foundation) that

(2) witness has personal knowledge

(3) may consist of the witness' own testimony.

Front 13

Rule 603.

Back 13

(1) Before testifying,

(2) every witness must swear to testify truthfully

(3) by oath administered in a form calculated to impress the duty upon the witness' conscience

Front 14

Rule 604.

Back 14

An interpreter must

(1) qualify as an expert and

(2) swear by oath to make a true translation.

Front 15

Rule 605.

Back 15

(1) The judge presiding at the trial

(2) may not testify in that trial as a witness

(3) and an objection is not required to preserve for appeal.

Front 16

Rule 606.

Back 16

(1) Jury members may not testify as witnesses

(2) before fellow jury members (if called, counsel can object outside the presence of the jury) OR

(3) about statements, emotions, or influences during jury deliberations,

(4) BUT may testify about extraneous prejudicial info / outside influences improperly presented to the jury, or clerical errors

Front 17

Rule 611(b).

Back 17

(1) Cross-examination is limited

(2) to the subject matter of the direct examination and witness credibility

(3) unless the court allows inquiry into additional matters as if on direct examination.

Front 18

Rule 611(c).

Back 18

(1) Leading questions are not allowed on direct examination

(2) unless used to develop testimony, on cross, or with hostile witnesses

Front 19

Rule 614.

Back 19

(1) The court may call and examine witnesses,

(2) parties can cross-examine the witnesses, and
(3) any objection to the court's calling or examining of witnesses may be made immediately or when the jury is not present.

Front 20

Rule 615.

Back 20

(1) At the request of a party or sua sponte, the court must exclude witnesses from hearing other testimony

(2) unless the witness is

• a party who is a natural person
• a party's representative
• an essential person for the party's cause
• a person authorized by statute to be present

Front 21

Rule 612.

Back 21

(1) Witness may use a writing to refresh memory

(2) either while testifying or, if in interest of justice, before testifying, BUT
(3) an adverse party can have the writing produced, inspected, cross-examined, with option to introduce and

(4) If writing is beyond scope of testimony, court must examine, redact, and notify other party

Front 22

Rule 607.

Back 22

(1) Any party may attack the witness's credibility (2) including the party that called the witness.

Front 23

Rule 613(a).

Back 23

(1) In examining witness about a prior statement,

(2) the party doesn't need to show or disclose its contents to the witness, BUT

(3) the party must, on request, show or disclose it to an adverse party's attorney

Front 24

Rule 613(b)

Back 24

(1) Extrinsic evidence of witness's prior inconsistent statement, especially on collateral matters, is inadmissible

(2) unless the witness is afforded

(3) an opportunity to explain or deny it and

(4) the opposite party is afforded an opportunity to cross-examine

Front 25

Rule 608(b).

Back 25

(1) Extrinsic evidence to prove specific instances of witness's conduct in order

(2) to attack or support witness' truthful character is inadmissible

(3) unless a Rule 609 criminal conviction OR

(4) the court determines probative of any witness's (un)truthfulness enough to allow cross

Front 26

Rule 609(a).

Back 26

(1) Evidence of a criminal conviction to attack a witness' truthful character must be admitted against civil or criminal defendant only when
(2) punishable by >1 yr. imprisonment OR

(3) dishonesty was an element of the crime

(4) subject to 403 balancing test

Front 27

Rule 609(b).

Back 27

(1) If >10 yrs. have passed since

(2) conviction or release from confinement for it

whichever is later date,

(3) then evidence of criminal conviction is inadmissible in civil or criminal cases unless

(4) probative value, supported by specific facts, substantially outweighs its prejudicial effect, AND

(5) D given notice & fair opp. to contest its use

Front 28

Rule 609(c).

Back 28

(1) If a witness' conviction has been pardoned, annulled, rehabilitated, or vacated AND

(2) has not been convicted of a crime punishable by >1 yr. in prison since the original conviction, (3) then evidence of the original conviction is inadmissible

Front 29

Rule 609(d).

Back 29

(1) Evidence of juvenile adjudications is inadmissible unless

(2) offered in a criminal case

(3) it was of a witness other than the accused

(4) an adult's conviction for the same offense would be admissible to attack credibility

(5) admission is necessary to fairly determine guilt or innocence.

Front 30

Rule 609(e).

Back 30

(1) A conviction that satisfies 609 is admissible

(2) even if an appeal is pending,

(3) including evidence of pendency

Front 31

Rule 608(a).

Back 31

(1) A witness's credibility may be attacked or supported by testimony

(2) about W's reputation for (un)truthfulness OR

(3) in the form of an opinion only if

(4) the character of the witness for truthfulness has been attacked

Front 32

Rule 610.

Back 32

(1) Evidence of a witness's religious beliefs or opinions is inadmissible

(2) to attack or support the witness's credibility

Front 33

Rule 106.

Back 33

(1) If a party introduces all or part of a writing,

(2) an adverse party may require the introduction of any other part

(3) that in fairness should be considered at the same time

Front 34

Rule 404(a).

Back 34

(1) Character evidence is inadmissible to prove

(2) on a particular occasion the person acted in accordance with the character or trait unless

(3) criminal D's character offered by D (rebuttal)

(4) V's character offered by criminal D (rebuttal + D's character may be offered)
(5) in a homicide case, V's peaceful character to rebut evidence that V was 1st aggressor

Front 35

Rule 404(b).

Back 35

(1) Crimes/wrongs evidence is inadmissible to a) prove the character of a person to b) show that

(2) on a particular occasion the person acted in accordance with the character or trait unless

(3) crim., for motive, opp., intent, prep., plan, knowledge, ID, or absence of mistake/accident,

(4) as long as criminal D given reasonable notice in advance of trial (unless good cause excuse)

Front 36

Rule 405(a).

Back 36

(1) When character evidence is admissible,

(2) it may be proved by testimony about reputation or in the form of an opinion.

(3) On cross-examination, inquiry into relevant specific instances of conduct is allowed.

Front 37

Rule 405(b).

Back 37

(1) When character is an essential element of a charge, claim, or defense,

(2) that character or trait may also be proved by relevant specific instances of that person's conduct.

Front 38

Rule 406.

Back 38

(1) Evidence of a person's habit OR

(2) an organization's routine practice

(3) may be admitted to prove that on a particular occasion the person acted in accordance with the habit or routine practice

(4) regardless of whether it is corroborated

Front 39

FRE 412.

Back 39

(1) In civil or criminal proceedings, evidence

(2) that V engaged in other sexual behavior OR

(3) of V's sexual predisposition (in civil, 403)

(4) is inadmissible

(5) unless offered in a criminal case to show

(6) physical evidence is not from D, specific incidents to prove consent, or violation of Const.

Front 40

Rule 413.

Back 40

(1) In a criminal case where D is accused of sexual assault,

(2) court may admit evidence that D committed any other sexual assault

(3) if D is notified 15 days prior to its introduction

Front 41

Rule 414.

Back 41

(1) In a criminal case where D is accused of child molestation,

(2) court may admit evidence that D committed any other child molestation

(3) if D is notified 15 days prior to its introduction

Front 42

Rule 415.

Back 42

(1) In a criminal case where D is accused of sexual assault or child molestation,

(2) court may admit evidence that D committed any other sexual assault or child molestation

(3) if D is notified 15 days before trial.

Front 43

Rule 801(a).

Back 43

A "statement" is

(1) a person's oral or written assertion OR

(2) nonverbal conduct,

(3) if it is intended to be an assertion.

Front 44

Rule 801(c).

Back 44

"Hearsay" is

(1) a declarant's

(2) statement

(3) made out-of-court AND

(4) offered for the truth of the matter asserted

Front 45

Rule 801(d)(1).

Back 45

(1) A prior statement is exempted from hearsay if

(2) the declarant testifies at trial and can be cross-examined, AND

(3) was given under oath & is inconsistent with current testimony,

(4) authenticates / is consistent with current testimony, OR

(5) identifies someone declarant perceived earlier

Front 46

Rule 801(d)(2).

Back 46

A prior statement is exempted if offered against an opposing party AND

• was the party's own (or rep's) statement
• is adopted by the party
• was authorized by the party to make
• was made by the party's agent or employee within the scope of agency/employment OR
• was made by a coconspirator during the course and in furtherance of the conspiracy.

Front 47

Rule 802.

Back 47

(1) Hearsay is not admissible

(2) unless provided otherwise by these rules or the Supreme Court, federal statute, or Congressional Act.

Front 48

Rule 803(1).

Back 48

(1) A statement made

(2) while or immediately after the declarant perceived it that

(3) describes / explains an event or condition

(4) is admissible hearsay regardless of the witness's availability

Front 49

Rule 803(2).

Back 49

(1) A statement

(2) relating to a startling event or condition

(3) made while the declarant was under the stress of excitement that it caused

(4) is admissible hearsay regardless of the witness's availability

Front 50

Rule 803(3).

Back 50

(1) A statement of

(2) declarant’s then-existing state of mind OR

(3) then-existing condition (emotional, sensory, or physical)

(4) unless a statement is from memory or belief

(5) is admissible hearsay regardless of the witness's availability

Front 51

Rule 803(4).

Back 51

(1) A statement

(2) made for medical diagnosis / treatment AND

(3) describes medical history, past or present symptoms, their inception, or their general cause

(4) is admissible hearsay regardless of the witness's availability

Front 52

Rule 803(5).

Back 52

(1) A record on a matter that witness once knew but now cannot recall well enough to testify

(2) was made or adopted when the matter was fresh in the witness’s memory AND

(3) accurately reflects the witness’s knowledge

(4) is admissible hearsay regardless of availability that may be read into evidence or introduced as an exhibit if offered by adverse party.

Front 53

Rule 803(6).

Back 53

(1) A record of an act, event, condition, opinion, or diagnosis is admissible if it was

(2) made at or near the time by someone with personal knowledge

(3) kept in course of a regularly conducted activity

(4) a regular practice of that activity AND

(5) trustworthy based on source of information and method or circumstances of preparation

Front 54

Rule 803(8).

Back 54

(1) A public record is admissible if it describes

(2) office activities

(3) observations under legal duty to report OR

(4) factual findings from investigation in a civil case / against gov't in a criminal case

(4) unless observations by law-enforcement personnel in a criminal case AND

(6) untrustworthy source and method

Front 55

Rule 804(a).

Back 55

(1) A declarant is unavailable if he/she

• claims privilege
• refuses to testify
• lacks memory
• physical or mental incapacitated
• is absent even after reasonable efforts

(2) unless declarant is unavailable because the proponent wrongfully caused the unavailability

Front 56

Rule 804(b)(1).

Back 56

(1) Statements are not excluded, even if the declarant is unavailable, when testimony
(2) was given at another proceeding AND

(3) is now offered against a party (in civil, predecessor in interest)

(4) who had opp. and similar motive to examine

Front 57

Rule 804(b)(2).

Back 57

(1) Statements are not excluded, even if the declarant is unavailable, when

(2) in a homicide or civil case,

(3) statement made by a declarant

(4) about the cause or circumstances of injury

(5) while believing death to be imminent

Front 58

Rule 804(b)(3).

Back 58

(1) Statements are not excluded, even if the declarant is unavailable, when

(2) it is so contrary to declarant's pecuniary, penal, or legal interest when it was made that

(3) a reasonable person would have made it

(4) only if the person believed it was true;

(5) in criminal cases, corroborating circumstances must clearly indicate statement is trustworthy

Front 59

Rule 804(b)(6).

Back 59

(1) If a party wrongfully caused the unavailability of a declarant,

(2) then the hearsay statement may be used against that party

Front 60

Rule 805.

Back 60

(1) Hearsay within hearsay is admissible only if

(2) each part of the combined statements

(3) fits within an exception

Front 61

Rule 806.

Back 61

(1) When hearsay has been admitted

(2) declarant's credibility may be attacked

(3) with evidence that would be admissible if used to attack a witness's credibility

(4) even if declarant does not have a chance to explain or deny the prior inconsistent statement

Front 62

Rule 807.

Back 62

(1) Hearsay is not excluded even when it does not fit within an exception when

(2) it has the same guarantees of trustworthiness

(3) offered as evidence of a material fact

(4) more probative than any other evidence

(5) admitting would best serve justice AND

(6) reasonable notice is given to the other party

Front 63

6th Amendment.

Back 63

(1) After fitting within a hearsay exception,

(2) a criminal defendant has

(3) a constitutional right to cross-examine

(4) those who make testimonial statements

(5) against him