Fre

Front 1

Rule 102

Back 1

Purpose.

(1) Fairness, truth, and justice

(2) Unless it takes too long or costs too much

Front 2

Rule 103(a)

Back 2

Rulings on Evidence

Preserving a Claim of Error. A party may claim error only if

(1) substantial right, and

(2)(a) if admitted, timely objects / moves to strike & specific ground, or

(2)(b) if excluded, offer of proof

Front 3

Rule 103(b)

Back 3

Rulings on Evidence

Not Needing to Renew. To preserve an appeal

(1) No renewal of objection

(2) Once the court rules definitively

Front 4

Rule 103(d)

Back 4

Rulings on Evidence.

Preventing Jury from Hearing Inadmissible Evidence. To the extent practicable, the court must

(1) Not allow inadmissible evidence

(2) to be heard by a jury

Front 5

Rule 103(e)

Back 5

Rulings on Evidence.

Taking Notice of Plain Error. A court may take notice of

(1) plain error

(2) affecting a substantial right,

(3) even if improperly preserved.

Front 6

Rule 104(a)

Back 6

Preliminary Questions.

(1) Court decides

• Witness qualification
• Privilege
• Admissibility

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

Front 7

Rule 104(b)

Back 7

Preliminary Questions.

Relevance That Depends on a Fact. When relevance depends on whether a fact exists, the jury resolves the factual dispute

(1) Proof must be introduced to court sufficient to support a finding

(2) The court may admit on condition that proof be introduced later.

Front 8

Rule 105

Back 8

Limiting Instructions.

If the court admits evidence that is admissible for a ltd. purpose, the court

(1) On timely request

(2) must restrict to proper scope and

(3) instruct the jury

Front 9

Rule 401

Back 9

Test for Relevant Evidence.

(1) any tendency

(2) fact of consequencemore or less probable and

(3) fact

Front 10

Rule 402

Back 10

General Admissibility of Relevant Evidence

Relevant evidence is admissible unless US Const., Fed. Stat., FRE, or S.Ct provide otherwise.

Irrelevant evidence is inadmissible.

Front 11

Rule 403

Back 11

Excluding Relevant Evidence.

(1) Unfair prejudice

(2) Substantially outweighs

(3) Probative value

Dangers: Unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Front 12

Rule 407

Back 12

Subsequent Remedial Measures. Not admissible t

(1) Subsequent measure to make earlier injury

(2) Less likely to occur again inadmissible unless

(2) Admitted for another purpose (impeachment or — if — proving odisputedwnership, control, or the feasibility of precautionary measures.

Front 13

Rule 408(a)(1).

Compromise Offers and Negotiations.

Back 13

Evidence is not admissible - on behalf of any party - to prove/disprove the validity/amount of a disputed claim or to impeach by a prior inconsistent statement:

(1) promising/offering (or accepting/promising to accept) a valuable consideration in compromising the claim

Front 14

Rule 408(a)(2).

Compromise Offers and Negotiations.

Back 14

Evidence is not admissible - on behalf of any party - to prove/disprove the validity/amount of a disputed claim or to impeach by a prior inconsistent statement:

(2) conduct or a statement made during compromise negotiations about the claim — except when offered in a criminal case

Front 15

Rule 408(b).

Compromise Offers and Negotiations.

Back 15

Exceptions to 408(a). The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Front 16

Rule 409.

Offers to Pay Medical and Similar Expenses.

Back 16

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Front 17

Rule 410.

Pleas, Plea Discussions, and Related Statements.

Back 17

In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea/pleaded:

(1) a guilty plea that was later withdrawn;

(2) a nolo contendere plea;

(3) a statement made during a plea proceeding

(4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

Front 18

Rule 410.

Pleas, Plea Discussions, and Related Statements.

Back 18

The court may admit a statement:

(1) in any proceeding where another statement made during the same plea has been introduced, if in fairness the statements ought to be considered together; or

(2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

Front 19

Rule 411.

Liability Insurance.

Back 19

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control.

Front 20

Rule 601.

Competency to Testify in General

Back 20

Every person is competent to be a witness unless these rules provide otherwise. But in a civil case, state law governs the witness’s competency regarding a claim or defense for which state law supplies the rule of decision.

Front 21

Rule 605.

Judge’s Competency as a Witness

Back 21

The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.

Front 22

Rule 606.

Juror’s Competency as a Witness

Back 22

At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence.

Front 23

Rule 602.

Need for Personal Knowledge

Back 23

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony.

Front 24

Rule 603.

Oath or Affirmation to Testify Truthfully

Back 24

Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience.

Front 25

Rule 611(a).

Mode and Order of Examining Witnesses and Presenting Evidence

Back 25

Control by the Court; Purposes. The court should exercise reasonable control over the examining witnesses and presenting evidence so as to:

(1) make those procedures effective for determining the truth;

(2) avoid wasting time; and

(3) protect witnesses from harassment or undue embarrassment.

Front 26

Rule 611(b).

Mode and Order of Examining Witnesses and Presenting Evidence

Back 26

Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.

Front 27

Rule 611(c).

Mode and Order of Examining Witnesses and Presenting Evidence

Back 27

Leading Questions. Leading questions should not be used on direct except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:

(1) on cross-examination; and

(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

Front 28

Rule 614.

Court’s Calling or Examining a Witness

Back 28

(a) Calling. The court may call a witness on its own or at a party’s request. Each party is entitled to cross-examine the witness.

(b) Examining. The court may examine a witness regardless of who calls the witness.

(c) Objections. A party may object to the court’s calling or examining a witness either at that time or when the jury is not present.

Front 29

Rule 615.

Excluding Witnesses

Back 29

At a party’s request or sua sponte, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony except:

(a) a party who is a natural person;

(b) an officer or employee of a party that is not a natural person, after being designated as the party’s representative by its attorney;

(c) a person whose presence a party shows to be essential to presenting the party’s claim or defense; or

(d) a person authorized by statute to be present.

Front 30

Rule 612(a).

Writing Used to Refresh a Witness’s Memory

Back 30

This rule gives an adverse party certain options when a witness uses a writing to refresh memory:

(1) while testifying; or

(2) before testifying, if the court decides that justice requires the party to have those options.

Front 31

Rule 612(b).

Writing Used to Refresh a Witness’s Memory

Back 31

Adverse Party’s Options; Deleting Unrelated Matter. An adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness's testimony.

Front 32

Rule 607.

Who May Impeach a Witness

Back 32

Any party, including the party that called the witness, may attack the witness’s credibility.

Front 33

Rule 613(a).

Witness's Prior Statement

Back 33

(a) Showing or Disclosing the Statement During Examination. When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney.

Front 34

Rule 613(b).

Witness's Prior Statement

Back 34

(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.

Front 35

Rule 404(a)(1).

Character Evidence

Back 35

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

Front 36

Rule 404(a)(2)

Character Evidence

Back 36

The following exceptions apply in a criminal case:

(A) a defendant may offer evidence of the pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

(B) a defendant may offer evidence of a victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:

(i) offer evidence to rebut it & (ii) offer evidence of defendant’s same trait

(C) in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence

Front 37

Rule 608(b).

A Witness’s Character for Truthfulness or Untruthfulness

Back 37

Extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:

(1) the fact witness or (2) another character witness who has testified about the fact witness's character.

Front 38

Rule 609(a).

Impeachment by Evidence of a Criminal Conviction

Back 38

(1) For a crime punishable by death or prison for >1 yr, the evidence:

(A) must be admitted in a civil / criminal case in which the witness is not a defendant and (B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant; and

(2) for any crime, the evidence must be admitted if the court can determine a dishonest act or false statement was an element.

Front 39

Rule 609(b).

Impeachment by Evidence of a Criminal Conviction

Back 39

This applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if:

(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and

(2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.

Front 40

Rule 609(c).

Impeachment by Evidence of a Criminal Conviction

Back 40

Evidence of a conviction is not admissible if:

(1) the conviction has been the subject of a pardon, annulment, or certificate of rehabilitation and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year; or

(2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

Front 41

Rule 609(d).

Impeachment by Evidence of a Criminal Conviction

Back 41

Evidence of a juvenile adjudication is admissible under this rule only if:

(1) it is offered in a criminal case;

(2) the adjudication was of a witness other than the defendant;

(3) an adult’s conviction for that offense would be admissible to attack the adult’s credibility; and

(4) admitting the evidence is necessary to fairly determine guilt or innocence.

Front 42

Rule 609(e).

Impeachment by Evidence of a Criminal Conviction

Back 42

A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible.

Front 43

Rule 608(a).

A Witness’s Character for Truthfulness or Untruthfulness

Back 43

A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.

Front 44

Rule 610.

Religious Beliefs or Opinions

Back 44

Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.

Front 45

Rule 106.

Remainder of or Related Writings or Recorded Statements

Back 45

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part or any other writing or recorded statement that in fairness ought to be considered at the same time.

Front 46

Rule 405.

Methods of Proving Character

Back 46

(a) When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.

(b) When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.

Front 47

Rule 404(b)(1).

Character Evidence; Crimes or Other Acts

Back 47

Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

Front 48

Rule 404(b)(2).

Character Evidence; Crimes or Other Acts

Back 48

This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On request by a defendant in a criminal case, the prosecutor must:

(A) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and

(B) do so before trial — or during trial if the court, for good cause, excuses lack of pretrial notice.

Front 49

Rule 406.

Habit; Routine Practice

Back 49

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

Front 50

Rule 412(a).

Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition

Back 50

The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:

(1) evidence offered to prove that a victim engaged in other sexual behavior; or

(2) evidence offered to prove a victim’s sexual predisposition.

Front 51

Rule 412(b)(1).

Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition

Back 51

(1) The court may admit evidence of specific instance's of a victim's sexual behavior the following evidence in a criminal case:

(A) if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;

(B) if offered by the defendant to prove consent or if offered by the prosecutor; and

(C) evidence whose exclusion would violate the defendant’s constitutional rights.

Front 52

Rule 412(b)(2).

Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition

Back 52

(2) In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.

Front 53

Rule 413 & 414.

Similar Crimes in Sexual-Assault / Child Molestation Cases

Back 53

In a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant.

Front 54

Rule 802.

The Rule Against Hearsay

Back 54

Hearsay is not admissible unless any of the following provides otherwise:

* a federal statute;
* these rules; or
* other rules prescribed by the Supreme Court.

Front 55

Rule 801(a).

Definitions That Apply to This Article; Exclusions from Hearsay

Back 55

“Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion

Front 56

Rule 801(b).

Definitions That Apply to This Article; Exclusions from Hearsay

Back 56

“Declarant” means the person who made the statement

Front 57

Rule 801(c).

Definitions That Apply to This Article; Exclusions from Hearsay

Back 57

“Hearsay” means a statement that:

(1) the declarant does not make while testifying at the current trial or hearing; and

(2) a party offers in evidence to prove the truth of the matter asserted in the statement.

Front 58

Rule 801(d)(1).

Definitions That Apply to This Article; Exclusions from Hearsay

Back 58

Not hearsay: (1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination, and the statement:

(A) is inconsistent with the declarant’s testimony and was given under penalty of perjury at a proceeding or in a deposition;

(B) is consistent with the declarant’s testimony and is offered:

(i) to rebut an express or implied charge that the declarant recently fabricated it or (ii) to rehabilitate the declarant's credibility as a witness

(C) identifies a person as someone the declarant perceived earlier.

Front 59

Rule 801(d)(2).

Definitions That Apply to This Article; Exclusions from Hearsay

Back 59

Not hearsay: (2) An Opposing Party’s Statement. The statement is offered against an opposing party and:

(A) was made by the party in an individual or representative capacity;

(B) is one the party manifested that it adopted or believed to be true;

(C) was made by a person whom the party authorized;

(D) was made by the party’s agent or employee on a matter; or

(E) was made by the party’s coconspirator.