Rules Of Evidence

Front 1

Rule 401

Back 1

Definition of Relevancy- Evidence is relevant if it has any tendency to make a fact in dispute more or less likely.

Front 2

Rule 403

Back 2

Excluding Relevant Evidence- Evidence that is otherwise relevant can be deemed inadmissible if its probative value is in danger of being outweighed by unfair prejudice, confusing the issue, misleading the jury, undue delay, or needlessly presenting cumulative evidence.

Front 3

Rule 404

Back 3

Propensity- Evidence of a person's prior bad acts, or character traits cannot be used to show a conformity therewith on a separate occasion.

Front 4

Rule 602

Back 4

Lack of Personal Knowledge- A person cannot testify to any matter without evidence being introduced that shows said person had knowledge of the matter. This evidence can be produced by persons other than the person in question.

Front 5

Rule 701

Back 5

Lay witness' opinion- A lay witness may give an opinion if that opinion is based on their rational perceptions and helpful in understanding the witness' testimony or a fact in dispute. Lay witnesses cannot give any testimony which requires specialized knowledge.

Front 6

Rule 702

Back 6

Expert Opinions- An expert who is qualified through training, education, experience, knowledge, or skill may give an expert opinion. To be admissible said opinion must be shown to have had sufficient facts and data, reliable principles and methods, reliably applied the principles and methods to the facts and data, and have been helpful to the trier-of-fact in understand the facts in dispute.

Front 7

Rule 703

Back 7

Expert Evidence- An expert may rely on otherwise inadmissible evidence if it can be shown that other experts in his field reasonably rely on similar evidence. Such evidence may be shown to the jury if its probative value substantially outweighs its prejudicial value.

Front 8

Rule 801(c)

Back 8

Hearsay- Hearsay is any out of court statement used to assert its truth value.

Front 9

Rule 801(d2)

Back 9

Opposing Party Statements- Statements made by opposing parties are not hearsay.

Front 10

Rule 802(1)

Back 10

Present Sense Impression- A statement made by a declarant describing an event made at the moment of the event is admissible as an exception to hearsay.

Front 11

Rule 802(2)

Back 11

Excited Utterance- A statement made by the declarant while still under the stress of a startling event which is related to said event is an exception to hearsay.

Front 12

Rule 802(3)

Back 12

Then Existing Mental State - A statement made by the declarant describing their then-existing state of mind relating to their emotional, mental, or physical state is an exception to hearsay.