Evidence Rules

Front 1

What Is Hearsay?

Back 1

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

It will not be admitted must fits into one of the exceptions.

Front 2

What Are the Hearsay Exceptions?

Back 2

1. Former Testimony Exception*
2. Dying Declaration*
3. Statement against Interest*
4. Admissions by party opponent
5. Public Records Exception
6. State of Mind -- Declaration
7. Past Recollection Recorded (does not require unavailability of the declarant)
8. Prior Consistent Statements (w/in Rule)
9. Excited Utterances
10. Present Sense Impression
11. Business Records
12. Present Physical Condition

* means unavailability required.

Front 3

HEARSAY
Former Testimony Exception

Back 3

the testimony of a now unavailable witness given at another hearing or in a deposition taken in accordance with the law is admissible in a subsequent trial as long as there is a sufficient similarity of parties and issues so that the opportunity to develop testimony or cross-examine at the prior hearing or deposition was meaningful. 804(b)(1)

Front 4

HEARSAY
Dying Declaration

Back 4

1. In a CIVIL action
2. Or homicide case
3. A now unavailable declarant
4. While believing her death was imminent, but concerns the cause or circumstances of what she believed to be her impending death, is admissible. 804 (B) (2)

Front 5

HEARSAY
Statement against Interest

Back 5

statements of a person, now unavailable as a witness, against the persons pecuniary, proprietary, or penal interest when made are admissible. 804 (b)(3)

Money, Property, Criminal Liability.

Front 6

How long of a time is "too remote" to use a prior conviction as impeachment?

Back 6

10 years

Front 7

Who decides the authenticity of a document?

Back 7

This is a preliminary fact to be decided by the jury.

Front 8

Who may authenticate a voice recording?

Back 8

ANY person familiar with the alleged speaker's voice may authenticate the recording of the voice by giving an opinion as to its identity.

It makes no difference when the witness acquired the familiarity.

Front 9

Dead Man's Act

Back 9

1. CIVIL case
2. Protected Party
3. Interested Party
An interested party, or her predecessor in interest, is incompetent to testify to personal transaction/communication with a deceased when such testimony is offered against the representative/successor in interest of the deceased. apply in fed court diversity cases

Front 10

HEARSAY
Admissions by Party Opponent

Back 10

a statement made or an act done that amounts to a prior acknowledgment by one of the parties to an action of one of the relevant facts. Although the statement would otherwise be hearsay, courts allow admissions by party opponent on the theory that if the party said or did something it now turns out to be inconsistent with her contentions, at trial, she should be estopped from preventing the earlier statements admission into evidence.

Front 11

Who is entitled to ask to strike unresponsive answer by a witness?

Back 11

ONLY the examining counsel.

Front 12

What are the two types of facts that may be given "Judicial Notice"?

Back 12

1. Notorious -- facts of common knowledge to the community

2. Manifested -- effect capable of certain verification by resort to easily accessible sources of unquestionable accuracy.

Front 13

HEARSAY
Public Records Exception

Back 13

Records, reports, statements, or data compilations in any form of public offices or agencies are admissible if they set forth:
1. The activities of the office or agency
2.matters observed pursuant to a duty imposed by law (NO police observations in criminal cases), or
3. findings of fact or opinion resulting from an investigation authorized by law (OSHA inspection report on safety conditions of a factory)

EXCLUSION: police report prepared for prosecution purposes--we want the cops to testify on the stand.

Front 14

HEARSAY
Past Recollection Recorded

Back 14

1. Declarant need not be unavailable
2. The witness at one time had personal knowledge of the facts recited in the writing.
3. The writing was made by her under the direction of the witness or has been adopted by her.
4. The writing was timely made when the matter was fresh in the mind of the witness
5. The writing is accurate, and
6. The witness has insufficient recollection to testify fully and accurately.

Front 15

Authentication

Back 15

Authentication can be accomplished by showing;
1. direct evidence,
2. circumstantial evidence,
3. chain of custody , and
4. self-authentication.

Front 16

Relevancy

Back 16

"evidence is relevant if it has "any tendency" to make a material fact more probable or less probable than would be the case without the evidence."

Front 17

All relevant evidence is ADMISSIBLE, UNLESS:

Back 17

1. An exclusionary rule is applicable; or
2. The court makes a discretionary determination that the probative value of the evidence is substantially outweighed by one or more of the 6 PRAGMATIC Considerations:
A. Danger of unfair prejudice
B. Confusion of the issues
C. Misleading the jury
D. Danger of undue delay
E. Waste of time (judicial economy)
F. Unduly cumulative.

Front 18

Similar Occurrences generally not allowed except when:

Back 18

1. Cause of plaintiff's injury is in issue.
2. Other incidents involving the same instrumentality or conditions may be admitted for 3 potential purposes if the other accidents occurred
A. under substantially similar circumstances
B. Show existence of a dangerous condition
C. Causation of accident
D. Defendant had prior notice.

Front 19

Other similar Incidents where evidence may be admitted

Back 19

Intent, Issue of Value, Habit, Industrial Custom as Standard of Care

Front 20

Habit

Back 20

have it is a repetitive response to a particular set of circumstances. Habit has two defining characteristics:

1. Frequency of Conduct
2. Particularly of Conduct

Circumstantial Evidence of how the person or business acted on the occasion at issue in the litigation. DISTINGUISH from Character Evidence.

Front 21

Policy-Based Exclusions

Back 21

1. Liability Insurance
2. Subsequent Remedial Measures
3. Settlements of Disputed Civil Claims
4. Offers to Pay Hospital or Medical Expenses

Front 22

Subsequent Remedial Measures
(post accident repairs, design changes, policy changes.)

Back 22

INADMISSIBLE for the purpose of proving NEGLIGENCE, CULPABLE CONDUCT, PRODUCT DEFECT, or NEED FOR WARNING.

Front 23

Plea Bargaining and Criminal Cases are INADMISSIBLE;

Back 23

1. Offers to plead guilty
2. Withdrawn guilty pleas
3. Pleas of no contest
4. Statements of fact during any of the above.

BUT, a plea of GUILTY may be admissible as a rule of party admissions.

Front 24

Offers to Pay Medical Bills (difference)

Back 24

statements made in connection with the offer to pay hospital for medical expenses is a statement of fact and is admissible.

Front 25

Purposes for admissibility of character evidence (3)

Back 25

1. Character is an ESSENTIAL Element in the case.
2. CONDUCT IN CONFORMITY WITH CHARACTER at the time of the event is circumstantial evidence of conduct on a particular occasion
3. A witnesses bad character for truthfulness to IMPEACH CREDIBILITY.

Front 26

character is NEVER...

Back 26

an essential element of the crime.

Front 27

In defendant's side of the case, character evidence is admissible by witnesses to prove conduct in conformity through:

Back 27

REPUTATION or OPINION

Not SPECIFIC ACTS

Front 28

If defendant has "opened the door" by calling character witnesses, the prosecution may rebut:

Back 28

1. By cross-examining defendants character witness with "Have you heard?" Or "did you know?" About specific acts of the defendant. Caveat -- in good faith. PURPOSE -- IMPEACHMENT

2. By calling its own witness regarding reputation or opinion only.

PROSECUTOR MUST accept the answer of the witness.

Front 29

in CIVIL cases, character evidence is generally inadmissible, except in three circumstances:

Back 29

1. Negligent Entrustment or Hiring
2. Defamation (slander, libel)
3. Child Custody Dispute

Front 30

MIMIC (five most common ways for non-character purposes)

Back 30

Motive
Intent
Mistake (or the absence of)
Identity
Common scheme or plan

Front 31

Methods of proof of MIMIC purpose crimes:

Back 31

1. By conviction, or
2. By evidence (witnesses, etc.)
3. Upon defendant's request, prosecutor must give pretrial notice of intent to introduce MIMIC evidence.

MIMIC evidence can also be used in civil cases, not just criminal.

Front 32

Ancient Document Rule

Back 32

authenticity may be inferred if;
1. At least 20 years old
2. Facially free of suspicion
3. Found in a place of natural custody.

Front 33

Self authenticating Documents (6)

Back 33

1. Official publications
2. Certified copies of public or private records on file in public office (trusts, deeds, title)
3. Newspapers or periodicals
4. Trade inscriptions and labels
5. Acknowledged document (notarized)
6. Commercial paper (promissory note)

Front 34

Best Evidence Rule

Back 34

party who seeks to prove contents of a writing must either produce the original writing; OR provide acceptable excuse for its absence.

If the court finds the excuse is acceptable, the party may then use secondary evidence (oral testimony or a copy)

"Writings" include x-rays, sound recordings, films, documents.

Front 35

Acceptable Excuses for nonproduction of original (3)

Back 35

1. Lost or cannot be found with due diligence
2. Destroyed without bad-faith
3. Cannot be obtained with legal process.

Burden is the preponderance of the evidence; secondary evidence is then admissible (e.g. testimony based on memory, handwritten copy)

Front 36

Leading Questions

Back 36

Generally not allowed on direct examination of witnesses BUT generally ALLOWED on cross examination of witnesses.

But where allowed on Direct Exam:
1. Preliminary introductory matters
2. Youthful or forgetful witness
3. Hostile witness
4. Adverse party or a person under control of adverse party.

Front 37

Refreshing Recollection (writings to aid of oral testimony)

Back 37

Basic rule: witness may not read from prepared memorandum, must testify on basis of current recollection.

BUT if witnesses memory fails him, he may be shown in memorandum (or any other tangible item) to jog his memory.

Opposing Party has the right to:
1. To inspect the memory refresher
2. To use it on cross examination
3. To introduce it into evidence

Front 38

Past Recollection Recorded (Hearsay Exception)

Back 38

a foundation for admissibility of contents of the writing:
1. Showing the writing to the witness fails to jog memory
2. Witness had personal knowledge at former time
3. Writing was either made by the witness, or adopted by the witness
4. The making of the adoption occurred while events were still fresh in the witnesses memory
5. Witness can vouch for accuracy of writing when made or adopted.

Front 39

Opinion Testimony
(Lay Witness)

Back 39

Opinion is admissible if 1. Rationally based on witnesses perception (personal knowledge), and 2. Helpful to the trier of fact.

Examples:
drunk/sober
speed of vehicle
sane/insane
emotions of another person
handwriting

Front 40

Opinion Testimony
(Expert Witness)

Back 40

Education AND/OR Experience

Scientific, technical or other specialized knowledge that will be helpful to the jury in deciding a fact.

Front 41

Expert Witnesses may rely upon (3)

Back 41

1. Personal knowledge (e.g. treating physician)
2. Other evidence admitted at trial (testimony by other witnesses, exhibits, medical reports, x-rays) made known to the expert by hypothetical question
3. Facts outside the record (hearsay) if of a type reasonably relied upon by experts in a particular field in forming their opinion

Front 42

Learned Treatise in Aid of Expert Testimony (Hearsay Exception)

Back 42

1. On direct exam of parties own expert:

Relevant portions of the treatise, periodical, or pamphlet may be read into evidence "as substantive evidence" (to prove the truth of the matter asserted) if established as a reliable authority.

2. On cross examination of opponent expert:

Read into evidence to impeach and contradict opponent expert. Comes in as substantive evidence.

3. BUT learned treatise may not be introduced as exhibits.

Front 43

Subjects for Cross-Examination

Back 43

1. Matters within the scope of direct examination, AND
2. Matters that test the witness's credibility.

Front 44

IMPEACHMENT
(Overview of Methods) -- 7

Back 44

1. Prior Inconsistent Statements
2. Bias, Interest or Motive to Misrepresent
3. Sensory Deficiencies
4. Bad Reputation or Opinion about witnesses character for truthfulness (must be truthfulness)
5. Criminal Convictions
6. Bad Acts (without convictions) that reflect adversely on the witnesses character for truthfulness
7. Contradiction

Front 45

IMPEACHMENT
(Procedural Overview) -- 2 Ways

Back 45

1. "Confronting" the witness or asking the witness about the impeaching fact with the aim of having the witness admit it.

2. Prove the impeaching fact with "extrinsic evidence (documentary evidence or testimony from other witnesses)

Front 46

IMPEACHMENT
(Prior Inconsistent Statements)

Back 46

GENERAL PURPOSE: the prior inconsistent statement is admissible only for the purposes for impeachment (to suggest trial testimony is false or mistaken, not as substantive evidence that the statement is actually true).

EXCEPTION: A prior inconsistent statement may be admitted both to impeach AND as substantive evidence (to prove the truth of the matter asserted in the prior statement), if the statement was made:

1. Orally under oath, and
2. As part of a formal hearing, proceeding, trial, or deposition.

Front 47

IMPEACHMENT
(Prior Inconsistent Statements)
Timeliness

Back 47

Rule: confrontation timing is flexible! Not required to immediately confront the witness, but after proof of extrinsic evidence, Witness must be given an opportunity "at some point to return to the stand and explain or deny the prior inconsistent statement.

EXCEPTION: no opportunity to explain need be given if Witness is the opposing party.

Front 48

IMPEACHMENT
(Bias, Interest or Motive to Misrepresent)

Back 48

Examples: Witnesses party; friend, relative or employee of party; expert witness being paid by party; person with a grudge against a party, etc.
Purpose to suggest testimony is false, tainted, slanted, or mistaken in parties favor.

PROCEDURAL ISSUE
1. Witness must be confronted while on the stand
2. If confrontation prerequisite is met bias may be proven by EXTRINSIC EVIDENCE.

Front 49

IMPEACHMENT
(Sensory Deficiencies)

Back 49

Anything that could affect the witnesses perception or memory. E.g. bad eyesight, bad hearing, mental retardation, consumption of alcohol or drugs at the time of the event or while on the witness stand. Purpose: to suggest mistake.

No confrontation is required, and extrinsic evidence is allowed.

Front 50

IMPEACHMENT
(Bad Reputation or Opinion about Witnesses Character for Truthfulness)

Back 50

ANY witness is subject to impeachment by this method.

Confrontation -- NO
Extrinsic Evidence -- YES

Front 51

IMPEACHMENT
(Criminal Convictions)

Back 51

Purpose: to suggest testimony is false. Relevance: person who has been convicted of a crime is more likely to lie under oath then is a person with an unblemished record.

When Permissible?
1. Convictions of any crime (felony or misdemeanor) as to which prosecution was required to prove a false statement as an element of the crime
2. If the conviction did not require proof of a false statement, it must be a FELONY, and court may exclude, in its discretion, if probative value on issue of witnesses credibility is outweighed by danger of unfair prejudice to a party (misuse of evidence as liability or guilt).

Front 52

IMPEACHMENT
(Criminal Convictions) -- Timeliness

Back 52

10 years, unless...??

Front 53

IMPEACHMENT
(Criminal Convictions)
Method of Proof

Back 53

1. Ask the witness about prior convictions, OR
2. Introduce record of conviction (extrinsic). Not required to confront witness prior to introduction a record of conviction.

Front 54

IMPEACHMENT
(Bad Acts)

Back 54

The ONLY permissible procedure is confrontation on cross examination.

cross examiner must have good faith basis for the inquiry; and permission to make the inquiry is subject to the court discretion.

EXAM TIP: Proof with extrinsic evidence may still be allowed if the bad act is relevant for some purpose other than bad character for truthfulness.

Front 55

IMPEACHMENT
(Contradiction)

Back 55

cross examiner tries to get the witness to admit that she made a mistake or lied about any fact that she testify to during direct examination. If the witness admits the mistake or lies, she has been impeached by contradiction. However, if she sticks to her story, the issue becomes whether extrinsic evidence may be introduced to prove the contradictory fact.

RULE: EXTRINSIC EVIDENCE NOT ALLOWED for the purposes of contradiction IF the fact that issue is collateral. (I.e. if the fact has no significant relevance to the case or to the witnesses credibility)

Front 56

REHABILITATION

Back 56

a witness who has been impeached may be rehabilitated on redirect examination or by extrinsic evidence.

1. Showing witnesses good character for truthfulness
2. Prior Consistent Statements to rebut charge of recent fabrication because of some motive.(Hearsay Exclusion)

Front 57

PRIVILEGES
Confidential Communications Elements

Back 57

1. Client must intend confidentiality, if client knows that third party is listening in or if client asks attorney to disclose the communication to a third party, then the confidential communication is waived.
2. Joint Clients -- confidential unless later there is a dispute between the two parties in common.

Front 58

PRIVILEGES
Confidential Communications
Waiver

Back 58

1. Voluntary Waiver (only the client)
2. Subject Matter Waiver, if;
a. The partial disclosure is intentional
b. The disclosed and undisclosed communications concern the same subject matter, AND
c. Fairness requires that the disclosed and undisclosed communication be considered together.
3. Inadvertent Waiver -- will not be effective if;
a. Reasonable steps to prevent the disclosure, AND
b. Reasonable steps to correct the error.

Front 59

PRIVILEGES
Confidential Communications
Exceptions

Back 59

1. Future crime or fraud
2. Client puts legal advice in issue
3. Attorney/client dispute

Front 60

PRIVILEGES
Husband -- Wife Privileges
Spousal Immunity (CRIMINAL CASES ONLY)

Back 60

a spouse cannot be compelled to testify against the defendant spouse. The holder of the privilege is the witness spouse.

PARTIES MUST be married at the time of trial. The privilege can be asserted even as to matters that took place BEFORE the marriage.
NOTE: Federal Courts -- privilege belongs to the witness spouse.

Front 61

PRIVILEGES
Husband -- Wife Privileges
Confidential Communication Between Spouses

Back 61

IN ANY TYPE OF CASE, the spouse is not required, and is not allowed in the absence of consent that the other spouse, to disclose a confidential communication (statement or acts) made by one to the other DURING the marriage. Holder of this privilege is both spouses.

Front 62

HEARSAY
Witness Statement Exclusions from Hearsay ("Exclusions" under the FRE)

Back 62

1. witnesses prior statement of identification of a person
2. Witnesses prior inconsistent statement IF oral, under oath and made during formal trial, hearing, proceeding, or deposition.
3. Witnesses prior consistent statement IF being sued now to rebut charge of recent fabrication or improper motive or influence.

Front 63

HEARSAY
sixth amendment criminal right to confront witnesses.

Back 63

Testimonial, Unavailability, Cross Examination.

Front 64

HEARSAY
"Unavailability Definition"
Pneumonic PAILS

Back 64

Privileged
Absent from Jurisdiction
Illness or Death
Lack of Memory
Stubborn Refusal to Testify

Front 65

HEARSAY
Present Sense Impression

Back 65

1. Description of an event made while the event is occurring or immediately thereafter.
2. Theory: declarant has no time to fabricate

Front 66

HEARSAY
Present State of Mind

Back 66

1. Contemporaneous statements concerning declarant's present state of mind, feelings, emotions.
2. Theory: contemporaneous statements about matter as to which declarant has unique knowledge.

Front 67

HEARSAY
Declaration of Intent

Back 67

1. Statement of declarant is intent to do something in the future, including the intent to engage in conduct with another person.
2. Theory: contemporaneous statements about matter as to which declarant has unique knowledge.

Front 68

HEARSAY
Present Physical Condition

Back 68

1. Statements made anyone about the declarant's current physical condition.
2. Theory: contemporaneous statements about matter as to which declarant has unique knowledge

Front 69

HEARSAY
Business Records

Back 69

Elements:
1. Records of a business of any type
2. Made in the regular course of business
3. The business regularly keep such records
4. May contemporaneously (at or about the time of the event recorded)
5. Contents consist of -- EITHER
a. Information observed by employees of the business, OR
b. A statement that falls within an independent hearsay exception.

Theory: business depends on accurate, up-to-date recordkeeping, and accuracy is likely when employees are under a business duty to make such records. Useful substitute for testimony of employees.

Front 70

CHARACTER EVIDENCE
(Defendants Initiative)

Back 70

the defendant may introduce reputation or opinion evidence of a "bad character trait" of the alleged crime victim when it is relevant to show the defendant's innocence. (EXCEPTION: Rape Cases)

Front 71

CHARACTER EVIDENCE
(Rape Cases)

Back 71

and BOTH civil or criminal proceedings, evidence offered to prove the sexual behavior or sexual disposition of the victim is generally inadmissible.
Exceptions in criminal cases -- source of semen, injury, or other physical evidence is admissible. Also, specific instances of sexual behavior between the victim and the accused are admissible by the prosecution, or by the defense to prove CONSENT.
Exceptions in Civil Cases -- evidence of an alleged victims reputation is admissible only if it has been placed in controversy by the victim.

Front 72

JUDICIAL NOTICE
(Procedural Aspects)

Back 72

1. If the judge does not take judicial notice on its own accord, the party must formally request (through pleadings or oral motion) that notice be taken.
2. Notice by Appellate Court
3. Conclusive in a civil case but not in a criminal case.

Front 73

HANDWRITING VERIFICATION

Back 73

1. Non-expert opinion
2. Comparison of Writings (expert witness or the trier of fact)

Front 74

PHOTOGRAPHS

Back 74

photographs are admissible only if identified by a witness as a betrayal of certain facts relevant to the issue and verified by the witness as a correct representation of those facts. It is not necessary to call the photographer to authenticate the photograph, anyone familiar with the scene or objects that are depicted is enough.
1. Unattended Camera -- Proper Operation of Camera

Front 75

X-Ray Pictures, Electrocardiograms, Etc.

Back 75

1. Process used was accurate (as to x-rays, the court will usually take judicial notice of this.)
2. The machine itself was in working order
3. Operator was qualified to operate the machine.
4. A custodial chain must be established.

Front 76

Parol EVIDENCE Rule

Back 76

Parol Evidence is admissible to establish:
Fraud, Duress, Or Undue Influence
Lack of Consideration
Illegality of Subject Matter
Material Alteration
Nondelivery,
A Condition Precedent

Front 77

BASIC TESTIMONIAL QUALIFICATIONS

Back 77

1. Ability to Observe (Perception)
2. Ability to Remember (Memory)
3. Ability to Relate (Communication)
4. Appreciation of Of Obligation

Front 78

MISLEADING

Back 78

is a question that cannot be answered without making an unintended admission. "Do you still beat your wife?"

Front 79

COMPOUND

Back 79

questions that require a single answer to more than one question. "Did you see and hear the intruder?"

Front 80

ARGUMENTATIVE

Back 80

leading questions that reflect the examiner's interpretation of the facts. " why were you driving so recklessly?"

Front 81

CONCLUSIONARY

Back 81

a question that calls for an opinion or conclusion that the witness is not qualified or permitted to make. "What did your friend think about that?"

Front 82

ASSUMING FACTS NOT in EVIDENCE

Back 82

cannot ask a question assumes a disputed fact is true when it has not been established in the case. "After the defendant finished his beer, he got up and went to the car, didn't he?"

Front 83

CUMULATIVE

Back 83

asking a question that has already been asked and answered.

Front 84

HARASSING & EMBARRASSING

Back 84

the judge, in her discretion, may disallow cross examination that is unduly harassing or embarrassing.

Front 85

CALLS FOR SPECULATION

Back 85

an attorney may not ask a witness to speculate (theorize, as to a fact, because such testimony is not based on the witnesses personal knowledge)

Front 86

EXPERT OPINION
(3 Possible Sources of Information)

Back 86

1. Facts of the expert knows from his own observation;
2. Facts presented in evidence at the trial and submit it to the expert, usually by hypothetical question
3. Facts not in evidence that were supplied to the expert out-of-court, and which are of a type reasonably relied upon by experts in a particular field informing opinions on the subject.

Front 87

AUTHORITATIVE TEXT & TREATISES

Back 87

an expert may be cross examined concerning statements contained in any scientific publication, as long as the publication is established as reliable authority.
1. The direct testimony or cross-examination admission of the expert
2. The testimony of another expert
3. Judicial Notice

Front 88

OBJECTIONS

Back 88

1. General "I object"
2. Specific "object, hearsay"

If the general objection is sustained, on appeal it will be upheld. If the general objection was overruled, and evidence admitted, the objection is not available on appeal.
Specific Objection Sustained, evidence excluded, the ruling will be upheld on appeal only if the ground stated was the correct one, unless the evidence excluded was not competent and could not be made so.

Front 89

HEARSAY
(Nonhearsay under the Federal Rules)

Back 89

1. Prior Statements by Witness
2. Admissions by Party Opponent

Front 90

NONHEARSAY
(Prior Statements by Witness)

Back 90

1. Prior Inconsistent Statement
2. Prior Consistent Statements
3. Prior Statement of Identification

Front 91

NONHEARSAY
(Admissions by Party Opponent)

Back 91

1. An admission is a statement made or act on that amounts to a prior acknowledgment by one of the parties to an action of one of the relevant facts. The statement need not have been "against interest" at the time it was made (compare the statement against interest exception). The statement may even be in the form of an opinion.

Front 92

NONHEARSAY
(Vicarious Admissions)

Back 92

1. Co-parties
2. Authorized Spokesperson
3. Principle/Agent
4. Partners
5. Co-Conspirators
6. Privity in Title and Joint Tenants (State Courts Only)
7. Preliminary Determination of Agency or Conspiracy