Rules Of Evidence

Front 1

Rule 401. Definition of "Relevant Evidence"

Back 1

“Relevant evidence” means any evidence tending to makes the
existence or nonexistence of a fact necessary for the resolution of
the action more or less probable.

Front 2

Rule 402. Relevant Evidence Generally Admissible; Irrelevant
Evidence Inadmissible

Back 2

All relevant evidence is admissible, except as otherwise provided
by the Constitution of the United States, by these rules, or by other
rules prescribed in Midlands pursuant to statutory authority.
Evidence which is not relevant is not admissible.

Front 3

Rule 403. Exclusion of Relevant Evidence on Grounds of
Prejudice, Confusion, or Waste of Time

Back 3

Although relevant, evidence may be excluded if its probative value
is substantially outweighed by the danger of 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 4

Rule 404. Character Evidence Not Admissible To Prove
Conduct; Exceptions; Other Crimes
(a) Character Evidence Generally

Back 4

Evidence of a person's
character or a trait of character is not admissible for the purpose of
proving action in conformity therewith on a particular occasion,
except:

Front 5

Rule 404. Character Evidence Not Admissible To Prove
Conduct; Exceptions; Other Crimes
(a) Character Evidence Generally
(1) Character of Accused.

Back 5

In a criminal case, evidence of a
pertinent trait of character offered by an accused, or by the
prosecution to rebut the same, or if evidence of a trait of
character of the alleged victim of the crime is offered by an
accused and admitted under Rule 404(a)(2), evidence of the
same trait of character of the accused offered by the
prosecution. In lieu of rebuttal witness availability, a
defendant must first notify the court and opposing counsel in
writing at the captains' meeting of the intention to offer such
evidence. If such notice is given, the form included with
these Rules of Evidence should be completed and presented
to the judges with the ballots, and the prosecution may also
offer such character evidence during its case-in-chief.

Front 6

Rule 404. Character Evidence Not Admissible To Prove
Conduct; Exceptions; Other Crimes
(a) Character Evidence Generally
(2) Character of Alleged Victim

Back 6

In a criminal case,
evidence of a pertinent trait of character of the alleged victim
of the crime offered by an accused, or by the prosecution to
rebut the same, or evidence of a character trait of
peacefulness of the alleged victim offered by the prosecution
in a homicide case to rebut evidence that the alleged victim
was the first aggressor. In lieu of rebuttal witness availability,
a defendant must first notify opposing counsel in writing at
the Captains' Meeting of the intention to offer such evidence.
If such notice is given, the form included with these Rules of
Evidence should be completed and presented to the judges
with the ballots, and the prosecution may also offer such
character evidence during its case-in-chief.

Front 7

Rule 404. Character Evidence Not Admissible To Prove
Conduct; Exceptions; Other Crimes
(a) Character Evidence Generally
(3) Character of Witness.

Back 7

Evidence of the character of a
witness, as provided in rules 607, 608, and 609.

Front 8

Rule 404. Character Evidence Not Admissible To Prove
Conduct; Exceptions; Other Crimes
(b) Other Crimes, Wrongs, or Acts.--

Back 8

Evidence of other crimes,
wrongs, or acts is not admissible to prove the character of a person
in order to show action in conformity therewith. It may, however,
be admissible for other purposes, such as proof of motive,
opportunity, intent, preparation, plan, knowledge, identity, or
absence of mistake or accident. The prosecution in a criminal case
shall provide written notice of such intent prior to witness selection
in the captains' meeting.

Front 9

Rule 405. Methods of Proving Character
(a) Reputation or opinion.

Back 9

In all cases in which evidence of
character or a trait of character of a person is admissible, proof
may be made by testimony as to reputation or by testimony in the
form of an opinion. On cross-examination inquiry is allowable into
relevant specific instances of conduct.

Front 10

Rule 405. Methods of Proving Character
(b) Specific instances of conduct.

Back 10

In cases in which character or a
trait of character of a person is an essential element of a charge,
claim, or defense, proof may also be made of specific instances of
that person's conduct.

Front 11

Rule 406. Habit; Routine Practice

Back 11

Evidence of the habit of a person or of the routine practice of an
organization, whether corroborated or not and regardless of the
presence of eyewitnesses, is relevant to prove that the conduct of
the person or organization on a particular occasion was in
conformity with the habit or routine practice.

Front 12

Rule 407. Subsequent Remedial Measures

Back 12

When, after an injury or harm allegedly caused by an event,
measures are taken that, if taken previously, would have made the
injury or harm less likely to occur, evidence of the subsequent
measures is not admissible to prove negligence, culpable conduct,
a defect in a product, a defect in a product's design, or a need for a
warning or instruction. This rule does not require the exclusion of
evidence of subsequent measures when offered for another
purpose, such as proving ownership, control, or feasibility of
precautionary measures, if controverted, or impeachment.

Front 13

Rule 408. Compromise and Offers to Compromise

Back 13

Evidence of (1) furnishing or offering or promising to furnish, or
(2) accepting or offering or promising to accept, a valuable
consideration in compromising or attempting to compromise a
claim which was disputed as to either validity or amount, is not
admissible to prove liability for or invalidity of the claim or its
amount. Evidence of conduct or statements made in compromise
negotiations is likewise not admissible. This rule does not require
the exclusion of any evidence otherwise discoverable merely
because it is presented in the course of compromise negotiations.
This rule also does not require exclusion when the evidence is
offered for another purpose, such as proving bias or prejudice of a
witness, negativing a contention of undue delay, or proving an
effort to obstruct a criminal investigation or prosecution.

Front 14

Rule 409. Payment of Medical and Similar Expenses

Back 14

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

Front 15

Rule 410. Inadmissibility of Pleas, Plea Discussions, and
Related Statements

Back 15

Except as otherwise provided in this rule, evidence of the
following is not, in any civil or criminal proceeding, admissible
against the defendant who made the plea or was a participant in the
plea discussions:
(1) a plea of guilty which was later withdrawn;
(2) a plea of nolo contendere;
(3) omitted
(4) any statement made in the course of plea discussions with
an attorney for the prosecuting authority which does not
result in a plea of guilty or which result in a plea of guilty
later withdrawn.
However, such a statement is admissible (i) in any proceeding
wherein another statement made in the course of the same plea or
plea discussions has been introduced and the statement ought in
fairness be considered contemporaneously with it, or (ii) in a
criminal proceeding for perjury or false statement if the statement
was made by the defendant under oath, on the record and in the
presence of counsel.

Front 16

Rule 411. Liability Insurance

Back 16

Evidence that a person was or was not insured against liability is
not admissible upon the issue whether the person acted negligently
or otherwise wrongfully. This rule does not require the exclusion
of evidence of insurance against liability when offered for another
purpose, such as proof of agency, ownership, or control, or bias or
prejudice of a witness.

Front 17

Rule 501. Privileges recognized

Back 17

Only privileges granted by a
statute of the state of Midlands or by Midlands Case law shall be
recognized.

Front 18

Rule 601. General Rule of Competency

Back 18

Every person is competent to be a witness except as otherwise
provided in these rules.

Front 19

Rule 602. Lack of Personal Knowledge

Back 19

A witness may not testify to a matter unless evidence is introduced
sufficient to support a finding that the witness has personal
knowledge of the matter. Evidence to prove personal knowledge
may, but need not, consist of the witness' own testimony. This rule
is subject to the provisions of rule 703, relating to opinion
testimony by expert witnesses.

Front 20

Rule 603. Oath or Affirmation

Back 20

Before testifying, every witness shall be presumed to have been
sworn in, by oath or affirmation administered in a form calculated
to awaken the witness' conscience and impress the witness' mind
with the duty to do so.

Front 21

Rule 605. Competency of Judge as Witness

Back 21

The judge presiding at the trial may not testify in that trial as a
witness. No objection need be made in order to preserve the point.

Front 22

Rule 607. Who May Impeach

Back 22

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

Front 23

Rule 608. Evidence of Character and Conduct of Witness
(a) Opinion and reputation evidence of character.

Back 23

The
credibility of a witness may be attacked or supported by evidence
in the form of opinion or reputation, but subject to these
limitations: (1) the evidence may refer only to character for
truthfulness or untruthfulness, and (2) evidence of truthful
character is admissible only after the character of the witness for
truthfulness has been attacked by opinion or reputation evidence or
otherwise.
Comment: Written notice required in civil and criminal cases. In
lieu of rebuttal witness availability, if the party attacking the
character of the witness for truthfulness is the defense and witness
is a plaintiff/prosecution witness, the defense must first notify
opposing counsel in writing at the Captains' Meeting of the
intention to offer such evidence. If such notice is given, the form
included with these Rules of Evidence should be completed and
presented to the judges with the ballots, and plaintiff/prosecution
may offer evidence of truthful character during its case-in-chief.

Front 24

Rule 608. Evidence of Character and Conduct of Witness
(b) Specific instances of conduct.

Back 24

Specific instances of the
conduct of a witness, for the purpose of attacking or supporting the
witness' credibility, other than conviction of crime as provided in
rule 609, may not be proved by extrinsic evidence. They may,
however, in the discretion of the court, if probative of truthfulness
or untruthfulness, be inquired into on cross- examination of the
witness (1) concerning the witness' character for truthfulness or
untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness
being cross-examined has testified.

Front 25

Rule 609. Impeachment by Evidence of Conviction of Crime
(a) General rule.

Back 25

For the purpose of attacking the credibility of a
witness,
(1) evidence that a witness other than an accused has been
convicted of a crime shall be admitted, subject to Rule 403, if
the crime was punishable by death or imprisonment in excess
of one year under the law under which the witness was
convicted, and evidence that an accused has been convicted
of such a crime shall be admitted if the court determines that
the probative value of admitting this evidence outweighs its
prejudicial effect to the accused; and
(2) evidence that any witness has been convicted of a crime
shall be admitted if it involved dishonesty or false statement,
regardless of the punishment.

Front 26

Rule 609. Impeachment by Evidence of Conviction of Crime
(b) Time limit.

Back 26

Evidence of a conviction under this rule is not
admissible if a period of more than ten years has elapsed since the
date of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is the later
date, unless the court determines, in the interests of justice, that the
probative value of the conviction supported by specific facts and
circumstances substantially outweighs its prejudicial effect.
However, evidence of a conviction more than 10 years old as
calculated herein, is not admissible unless the proponent gives to
the adverse party sufficient advance written notice of intent to use
such evidence to provide the adverse party with a fair opportunity
to contest the use of such evidence.

Front 27

Rule 609. Impeachment by Evidence
(c) Effect of pardon, annulment, or certificate of rehabilitation.

Back 27

Evidence of a conviction is not admissible under this rule if (1) the
conviction has been the subject of a pardon, annulment, certificate
of rehabilitation, or other equivalent procedure based on a finding
of the rehabilitation of the person convicted, and that person has
not been convicted of a subsequent crime which was punishable by
death or imprisonment in excess of 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 28

Rule 609. Impeachment by Evidence
(d) Juvenile adjudications

Back 28

Evidence of juvenile adjudications is
generally not admissible under this rule. The court may, however,
in a criminal case allow evidence of a juvenile adjudication of a
witness other than the accused if conviction of the offense would
be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair
determination of the issue of guilt or innocence.

Front 29

Rule 609. Impeachment by Evidence
(e) Pendency of appeal.

Back 29

The pendency of an appeal therefrom
does not render evidence of a conviction inadmissible. Evidence of
the pendency of an appeal is admissible.

Front 30

Rule 610. Religious Beliefs or Opinions

Back 30

Evidence of the beliefs or opinions of a witness on matters of
religion is not admissible for the purpose of showing that by reason
of their nature the witness's credibility is impaired or enhanced.

Front 31

Rule 611. Mode and Order of Interrogation and Presentation
(b) Scope of cross-examination.

Back 31

Cross-examination, other than
the initial cross-examination, should be limited to the subject
matter of the direct examination immediately preceding it and
matters affecting the credibility of the witness. The court may, in
the exercise of discretion, permit inquiry into additional matters as
if on direct examination.

Front 32

Rule 611. Mode and Order of Interrogation and Presentation
(c) Leading questions

Back 32

Leading questions should not be used on
the direct examination of a witness except as may be necessary to
develop the witness' testimony. Ordinarily leading questions
should be permitted on cross- examination. When a party calls a
hostile witness, an adverse party, or a witness identified with an
adverse party, interrogation may be by leading questions.

Front 33

Rule 612. Writing Used to Refresh Memory

Back 33

A witness may use any material provided by AMTA to refresh
memory either during or prior to giving testimony.

Front 34

Rule 613. Prior Statements of Witnesses
(a) Examining witness concerning prior statement.

Back 34

In
examining a witness concerning a prior statement made by the
witness, whether written or not, the statement need not be shown
nor its contents disclosed to the witness at that time, but on request
the same shall be shown or disclosed to opposing counsel.

Front 35

Rule 613. Prior Statements of Witnesses
(b) Extrinsic evidence of prior inconsistent statement of
witness.

Back 35

Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an
opportunity to explain or deny the same and the opposite party is
afforded an opportunity to interrogate the witness thereon, or the
interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in rule 801(d)(2).

Front 36

Rule 614. Calling and Interrogation of Witnesses by Court

Back 36

Calling and/or interrogation of witnesses by court is not allowed.

Front 37

Rule 615. Exclusion of Witnesses.

Back 37

At the request of a party the court shall order witnesses
constructively excluded so that they cannot hear the testimony of
other witnesses. This rule does not authorize the constructive
exclusion of (1) a party who is a natural person, (2) an officer or
employee of a party which is not a natural person designated as its
representative, or (3) a person authorized by a statute provided in
the case materials to be present.
Comment to Rule 615: This Rule does not permit the actual
exclusion of students portraying witnesses. Rather, it allows for
the constructive exclusion of some witnesses.

Front 38

Rule 701. Opinion Testimony by Lay Witnesses

Back 38

If the witness is not testifying as an expert, the witness' testimony
in the form of opinions or inferences is limited to those opinions or
inferences which are (a) rationally based on the perception of the
witness, (b) helpful to a clear understanding of the witness'
testimony or the determination of a fact in issue, and (c) not based
on scientific, technical, or other specialized knowledge within the
scope of Rule 702.

Front 39

Rule 702. Testimony by Experts

Back 39

If scientific, technical, or other specialized knowledge will assist
the trier of fact to understand the evidence or to determine a fact in
issue, a witness qualified as an expert by knowledge, skill,
experience, training, or education, may testify thereto in the form
of an opinion or otherwise, if (1) the testimony is based upon
sufficient facts or data, (2) the testimony is the product of reliable
principles and methods, and (3) the witness has applied the
principles and methods reliably to the facts of the case.

Front 40

Rule 703. Bases of Opinion Testimony by Experts

Back 40

The facts or data in the particular case upon which an expert bases
an opinion or inference may be those perceived by or made known
to the expert at or before the hearing. If of a type reasonably relied
upon by experts in the particular field in forming opinions or
inferences upon the subject, the facts or data need not be
admissible in evidence in order for the opinion or inference to be
admitted. Facts or data that are otherwise inadmissible shall not be
disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting
the jury to evaluate the expert's opinion substantially outweighs
their prejudicial effect.

Front 41

Rule 704. Opinion on Ultimate Issue
(a)

Back 41

Except as provided in subdivision (b), testimony in the form of
an opinion or inference otherwise admissible is not objectionable
because it embraces an ultimate issue to be decided by the trier of
fact.

Front 42

Rule 704. Opinion on Ultimate Issue
(b)

Back 42

No expert witness testifying with respect to the mental state or
condition of a defendant in a criminal case may state an opinion or
inference as to whether the defendant did or did not have the
mental state or condition constituting an element of the crime
charged or of a defense thereto. Such ultimate issues are matters
for the trier of fact alone

Front 43

Rule 705. Disclosure of Facts or Data Underlying Expert Opinion

Back 43

The expert may testify in terms of opinion or inference and give
reasons therefor without first testifying to the underlying facts or
data, unless the court requires otherwise. The expert may in any
event be required to disclose the underlying facts or data on cross-examination.

Front 44

Rule 801. Definitions
(a) Statement.

Back 44

A "statement" is (1) an oral or written assertion or
(2) nonverbal conduct of a person, if it is intended by the person as
an assertion.

Front 45

Rule 801. Definitions
(b) Declarant

Back 45

A "declarant" is a person who makes a statement.

Front 46

Rule 801. Definitions
(c) Hearsay

Back 46

"Hearsay" is a statement, other than one made by the
declarant while testifying at the trial or hearing, offered in
evidence to prove the truth of the matter asserted.

Front 47

Rule 801. Definitions
(d) Statements which are not hearsay
(1) Prior statement by witness.

Back 47

The declarant testifies at the
trial or hearing and is subject to cross-examination
concerning the statement, and the statement is (A)
inconsistent with the declarant's testimony, and was given
under oath subject to the penalty of perjury at a trial, hearing,
or other proceeding, or in a deposition, or (B) consistent with
the declarant's testimony and is offered to rebut an express or
implied charge against the declarant of recent fabrication or
improper influence or motive, or (C) one of identification of
a person made after perceiving the person; or

Front 48

Rule 801. Definitions
(d) Statements which are not hearsay
(2) Admission by party-opponent.

Back 48

The statement is offered
against a party and is (A) the party's own statement, in either
an individual or a representative capacity or (B) a statement
of which the party has manifested an adoption or belief in its
truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a
statement by the party's agent or servant concerning a matter
within the scope of the agency or employment, made during
the existence of the relationship, or (E) a statement by a
coconspirator of a party during the course and in furtherance
of the conspiracy. The contents of the statement shall be
considered but are not alone sufficient to establish the
declarant's authority under subdivision (C), the agency or
employment relationship and scope thereof under subdivision
(D), or the existence of the conspiracy and the participation
therein of the declarant and the party against whom the
statement is offered under subdivision (E).

Front 49

Rule 802. Hearsay Rule

Back 49

Hearsay is not admissible except as provided by these rules or by
other rules prescribed by the Midlands Supreme Court pursuant to
statutory authority.

Front 50

Rule 803. Hearsay Exceptions; Availability of Declarant
Immaterial

Back 50

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:
(1) Present sense impression
(2) Excited utterance
(3) Then existing mental, emotional, or physical condition.
(4) Statements for purposes of medical diagnosis or treatment.
(5) Recorded recollection
(6) Records of Regularly Conducted Activity
(6) Records of Regularly Conducted Activity
(8) Public records and reports.
(9) Records of vital statistics
(10) Absence of public record or entry
(11) Records of religious organizations.
(12) Marriage, baptismal, and similar certificates.
(13) Family records
(14) Records of documents affecting an interest in property
(15) Statements in documents affecting an interest in property
(16) Statements in ancient documents
(17) Market reports, commercial publications
(18) Learned treatises
(19) Reputation concerning personal or family history
(20) Reputation concerning boundaries or general history
(21) Reputation as to character
(22) Judgment of previous conviction
(23) Judgment as to personal, family, or general history, or
boundaries

Front 51

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(1) Present sense impression

Back 51

A statement describing or
explaining an event or condition made while the declarant was
perceiving the event or condition, or immediately thereafter.

Front 52

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(2) Excited utterance

Back 52

A statement relating to a startling event or
condition made while the declarant was under the stress of
excitement caused by the event or condition.

Front 53

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(3) Then existing mental, emotional, or physical condition

Back 53

A
statement of the declarant's then existing state of mind, emotion,
sensation, or physical condition (such as intent, plan, motive,
design, mental feeling, pain, and bodily health), but not including a
statement of memory or belief to prove the fact remembered or
believed unless it relates to the execution, revocation,
identification, or terms of declarant's will.

Front 54

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(4) Statements for purposes of medical diagnosis or treatment.

Back 54

Statements made for purposes of medical diagnosis or treatment
and describing medical history, or past or present symptoms, pain,
or sensations, or the inception or general character of the cause or
external source thereof insofar as reasonably pertinent to diagnosis
or treatment.

Front 55

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(5) Recorded recollection

Back 55

A memorandum or record concerning
a matter about which a witness once had knowledge but now has
insufficient recollection to enable the witness to testify fully and
accurately, shown to have been made or adopted by the witness
when the matter was fresh in the witness' memory and to reflect
that knowledge correctly. If admitted, the memorandum or record
may be read into evidence but may not itself be received as an
exhibit unless offered by an adverse party.

Front 56

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(6) Records of Regularly Conducted Activity

Back 56

A memorandum,
report, record, or data compilation, in any form, of acts, events,
conditions, opinions, or diagnoses, made at or near the time by, or
from information transmitted by, a person with knowledge, if kept
in the course of a regularly conducted business activity, and if it
was the regular practice of that business activity to make the
memorandum, report, record or data compilation, all as shown by
the testimony of the custodian or other qualified witness, or by
certification that complies with Rule 902(11), Rule 902(12), or a
statute permitting certification, unless the source of information or
the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph
includes business, institution, association, profession, occupation,
and calling of every kind, whether or not conducted for profit.

Front 57

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(7) Absence of entry in records kept in accordance with the provisions of paragraph

Back 57

Evidence that a matter is not
included in the memoranda reports, records, or data compilations,
in any form, kept in accordance with the provisions of paragraph
(6), to prove the nonoccurrence or nonexistence of the matter, if
the matter was of a kind of which a memorandum, report, record,
or data compilation was regularly made and preserved, unless the
sources of information or other circumstances indicate lack of
trustworthiness.

Front 58

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(8) Public records and reports

Back 58

Records, reports, statements, or
data compilations, in any form, of public offices or agencies,
setting forth (A) the activities of the office or agency, or (B)
matters observed pursuant to duty imposed by law as to which
matters there was a duty to report, excluding, however, in criminal
cases matters observed by police officers and other law
enforcement personnel, or (C) in civil actions and proceedings and
against the Government in criminal cases, factual findings
resulting from an investigation made pursuant to authority granted
by law, unless the sources of information or other circumstances
indicate lack of trustworthiness.

Front 59

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(9) Records of vital statistics

Back 59

Records or data compilations, in
any form, of births, fetal deaths, deaths, or marriages, if the report
thereof was made to a public office pursuant to requirements of
law.

Front 60

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(10) Absence of public record or entry

Back 60

To prove the absence of
a record, report, statement, or data compilation, in any form, or the
nonoccurrence or nonexistence of a matter of which a record,
report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the
form of a certification in accordance with rule 902, or testimony,
that diligent search failed to disclose the record, report, statement,
or data compilation, or entry.

Front 61

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(11) Records of religious organizations

Back 61

Statements of births,
marriages, divorces, deaths, legitimacy, ancestry, relationship by
blood or marriage, or other similar facts of personal or family
history, contained in a regularly kept record of a religious
organization.

Front 62

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(12) Marriage, baptismal, and similar certificates

Back 62

Statements of
fact contained in a certificate that the maker performed a marriage
or other ceremony or administered a sacrament, made by a
clergyman, public official, or other person authorized by the rules
or practices of a religious organization or by law to perform the act
certified, and purporting to have been issued at the time of the act
or within a reasonable time thereafter.

Front 63

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(13) Family records

Back 63

Statements of fact concerning personal or
family history contained in family Bibles, genealogies, charts,
engravings on rings, inscriptions on family portraits, engravings on
urns, crypts, or tombstones, or the like.

Front 64

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(14) Records of documents affecting an interest in property

Back 64

The record of a document purporting to establish or affect an
interest in property, as proof of the content of the original recorded
document and its execution and delivery by each person by whom
it purports to have been executed, if the record is a record of a
public office and an applicable statute authorizes the recording of
documents of that kind in that office.

Front 65

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(15) Statements in documents affecting an interest in property

Back 65

A statement contained in a document purporting to establish or
affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since
the document was made have been inconsistent with the truth of
the statement or the purport of the document.

Front 66

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(16) Statements in ancient documents

Back 66

Statements in a document
in existence twenty years or more the authenticity of which is
established.

Front 67

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(17) Market reports, commercial publications

Back 67

Market
quotations, tabulations, lists, directories, or other published
compilations, generally used and relied upon by the public or by
persons in particular occupations.

Front 68

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(18) Learned treatises

Back 68

To the extent called to the attention of an
expert witness upon cross-examination or relied upon by the expert
witness in direct examination, statements contained in published
treatises, periodicals, or pamphlets on a subject of history,
medicine, or other science or art, established as a reliable authority
by the testimony or admission of the witness or by other expert
testimony or by judicial notice. If admitted, the statements may be
read into evidence but may not be received as exhibits. Comment: This rule concerns published treatises, periodicals, or
pamphlets on a subject of history, medicine, or other science or art,
that have been provided in the case packet. Mere reference to a
title in the packet is insufficient, the entirety of the item must be
provided in the case packet for this rule to be applicable.

Front 69

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(19) Reputation concerning personal or family history

Back 69

Reputation among members of a person's family by blood,
adoption, or marriage, or among a person's associates, or in the
community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood, adoption, or
marriage, ancestry, or other similar fact of personal or family
history.

Front 70

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(20) Reputation concerning boundaries or general history

Back 70

Reputation in a community, arising before the controversy, as to
boundaries of or customs affecting lands in the community, and
reputation as to events of general history important to the
community or State or nation in which located.

Front 71

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(21) Reputation as to character

Back 71

Reputation of a person's
character among associates or in the community.

Front 72

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(22) Judgment of previous conviction

Back 72

Evidence of a final
judgment, entered after a trial or upon a plea of guilty (but not
upon a plea of nolo contendere), adjudging a person guilty of a
crime punishable by death or imprisonment in excess of one year,
to prove any fact essential to sustain the judgment, but not
including, when offered by the Government in a criminal
prosecution for purposes other than impeachment, judgments
against persons other than the accused. The pendency of an appeal
may be shown but does not affect admissibility.

Front 73

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(23) Judgment as to personal, family, or general history, or
boundaries

Back 73

Judgments as proof of matters of personal, family or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.

Front 74

Rule 804. Hearsay Exceptions; Declarant Unavailable
(a) Definition of unavailability

Back 74

"Unavailability as a witness"
includes situations in which the declarant—
(1) is exempted by ruling of the court on the ground of
privilege from testifying concerning the subject matter of the
declarant's statement; or
(2) persists in refusing to testify concerning the subject
matter of the declarant's statement despite an order of the
court to do so; or
(3) testifies to a lack of memory of the subject matter of the
declarant's statement; or
(4) is unable to be present or to testify at the hearing because
of death or then existing physical or mental illness or
infirmity; or

Front 75

Rule 804. Hearsay Exceptions; Declarant Unavailable
(b) Hearsay exceptions
(1) Former testimony

Back 75

The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:Testimony given as a witness at
another hearing of the same or a different proceeding, or in a
deposition taken in compliance with law in the course of the
same or another proceeding, if the party against whom the
testimony is now offered, or, in a civil action or proceeding, a
predecessor in interest, had an opportunity and similar motive
to develop the testimony by direct, cross, or redirect
examination.

Front 76

Rule 804. Hearsay Exceptions; Declarant Unavailable
(b) Hearsay exceptions
(2) Statement under belief of impending death

Back 76

The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:In a
prosecution for homicide or in a civil action or proceeding, a
statement made by a declarant while believing that the
declarant's death was imminent, concerning the cause or
circumstances of what the declarant believed to be impending
death.

Front 77

Rule 804. Hearsay Exceptions; Declarant Unavailable
(b) Hearsay exceptions
(3) Statement against interest

Back 77

The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:A statement which was at
the time of its making so far contrary to the declarant's
pecuniary or proprietary interest, or so far tended to subject
the declarant to civil or criminal liability, or to render invalid
a claim by the declarant against another, that a reasonable
person in the declarant's position would not have made the
statement unless believing it to be true. A statement tending
to expose the declarant to criminal liability and offered to
exculpate the accused is not admissible unless corroborating
circumstances clearly indicate the trustworthiness of the
statement.

Front 78

Rule 804. Hearsay Exceptions; Declarant Unavailable
(b) Hearsay exceptions
(4) Statement of personal or family history.

Back 78

The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness: (A) A
statement concerning the declarant's own birth, adoption,
marriage, divorce, legitimacy, relationship by blood,
adoption, or marriage, ancestry, or other similar fact of
personal or family history, even though declarant had no
means of acquiring personal knowledge of the matter stated;
or (B) a statement concerning the foregoing matters, and
death also, of another person, if the declarant was related to
the other by blood, adoption, or marriage or was so
intimately associated with the other's family as to be likely to
have accurate information concerning the matter declared.

Front 79

Rule 804. Hearsay Exceptions; Declarant Unavailable
(b) Hearsay exceptions
(6) Forfeiture by wrongdoing

Back 79

The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness: A statement offered against a
party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the
declarant as a witness.

Front 80

Rule 805. Hearsay Within Hearsay

Back 80

Hearsay included within hearsay is not excluded under the hearsay
rule if each part of the combined statements conforms with an
exception to the hearsay rule provided in these rules.

Front 81

Rule 806. Attacking and Supporting Credibility of Declarant

Back 81

When a hearsay statement, or a statement defined in Rule
801(d)(2)(C), (D), or (E), has been admitted in evidence, the
credibility of the declarant may be attacked, and if attacked may be
supported, by any evidence which would be admissible for those
purposes if declarant had testified as a witness. Evidence of a
statement or conduct by the declarant at any time, inconsistent with
the declarant's hearsay statement, is not subject to any requirement
that the declarant may have been afforded an opportunity to deny
or explain. If the party against whom a hearsay statement has been
admitted calls the declarant as a witness, the party is entitled to
examine the declarant on the statement as if under crossexamination