Evidence Federal Rules US Law
rename
Updated
2007-11-06 23:00
Federal Rules of Evidence--Summary
| Rule | Content |
|---|---|
| 103 | Rulings on Evidence: timely objection, offer of proof |
| 104 | Preliminary Questions: made by judge outside of presence of jury, not bound by rules of evidence |
| 105 | Limited Admissibility: judge should instruct jury according to proper, limited use |
| 106 | Remainder of or Relatated Writings: rule of completeness: when part of a writing or recorded statement is introduced, an adverse party can introduce nay other part of that writing which in fairness is considered contemporaneous with it |
| 401 | Relevant Evidence: evidence having any tenddency to make the existence of any fact more or less probable than it would be without the evidence |
| 402 | Admissibility: all relevant evidence is admissible except as provided by the Rules; evidence which is not relevant is not admissible |
| 403 | Balancing test: If the evidence is relevant, the judge must outweigh its probative value with its danger of unfair prejudice, confusion of the issues, possibility of misleading the jury (emotional appeal), undue delay, waste of time or needless presentation of cumulative evidence. If the probabtive value is less, the evidence should be excluded |
| 404(a)(1) | Character Evidence of Accused: Evidence of a pertinent trait admissible if offered initially by the defendant or if defendant attacks the character of alleged victim |
| 404(a)(2) | Character of alleged victim: may only be offered by accused unless prosecutor uses to show peacefulness of homicide victim to rebut evidence that alleged victim was first aggressor |
| 403(b) | Prior bad acts: cannot be used to show character in order to show conformity therewith. May be used to show: proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake. Requires reasonable notice |
| 405 | Methods of Proving Character: on direct, reputation or opinion, on cross, specific instances may be inquired into but must be taken as responded to (exception for prior conviction of a crime); if character is an essential element of a charge, claim or defense, proof of specific instances may be introduced |
| 406 | Habit; Routine Practice: evidence of habit or routine practice is relevant to prove conformity with the habit or practice at the instance in question |
| 407 | Subsequent remedial measure: not admissible to show negligence, culpable conduce, product defect or need for warning; may be admitted to show ownership, control or feasibility of precautionary measures or impeachment |
| 408 | Compromise or offers to Compromise (or negotiation): May not be used to show liability or invalidity of claim or amount , may be used to show witness's bias or prejudice, negate a contention of undue delay or to prove an effort to obstruct criminal investigation |
| 409 | Payment of Medical expenses: may not be offered as admission of liability |
| 410 | Pleas, Plea Discussions: may not be admitted in any civil or criminal proceeding against defendant who made or participated in plea discussions |
| 411 | Libaility Insurance: evidence that a person was or was not insuraed against liability is not admissible on issue of negligence; may be admitted to show proof of aency, ownership, control, bias or prejudice |
| 412 | Sex Offense Cases--Victim's past sexual behavior: evidence to prove other sexual behavior or sexual predisposition in admissible; in criminal case--may admit evidence of sexual behavior by victim to prove someone other than the accused was the rapist, evidence of sexual history between victim and alleged rapist to show consent, or evidence that would violate constitutional rights of defendant if excluded; civil--evidencer offered to prove sexual behavior or predisposition of alleged victim is admissible under 403 test, reputation is admissible only if brought up by alleged victim. |
| 413 | Similar sexual assault crimes--prior commission of sexual crimes by accused may be considered |
| 414 | Child Molestation crimes: evidence of prior commission of child molestation by accused is admissible |
| 415 | Evidence of Prior Sexual assaults or child molestation in Civil case: commission of prior sexual assaults or child molestation is admissible |
| 601 | Competency--everyone is competent who is able to understand oath |
| 602 | Personal Knowledge: evidence sufficient to support a finding that W has personal knowledge is required |
| 605 | Presiding judge may not testify in that trial as a W |
| 606 | Member of Jury may not testify as a W before a case where he is a juror |
| 607 | Either party may impeach any witness |
| 608(a) | Evidence of Character and Conduct of W: opinion or reputation refering to character for truthfulness or untruthfullness; evidence of truthful character may be admitted only after truthfulness of W has been attacked. |
| 608(b) | Character evidence--specific instances of conduct: for W who is not D, may not be proved by extrinsic evidence other than conviction of crime; specific acts may be asked about in cross only relating to character trait of truthfulness or untruthfulness |
| 609 | Impeachment by prior conviction: for W other than D--403 balancing test if crime was a "felony" or related to honesty or dishonesty where W was convicted, court has discretion to admit evidence of the conviction; after 10 years since the date of conviction or release admitted only in the "interests of justice" with notification to opposing party |
| 610 | Religious Beliefs or Opinions: not admissible to show credibility of W |
| 611(a) | Judge controls order and style of testimony |
| 611(b) | Cross is limited to subject matter of direct or additional matters upon court's discretion |
| 611(c) | Leading questions: not allowed for aligned W (generally ok on cross, not on direct), but allowed for hostile or adverse party |
| 612 | Writings to Refresh Memory: adverse party is entitled to have the writing, to inspect it and to cross W on it and to introduce it into evidence; irrelevant portions of the writing may be excised upon motion by court in camera |
| 613 | Prior statements of Ws: statement need not be shown nor its contents disclosed to W at that time, but must be disclosed to opposing counsel upon request; extrinsic evidence is not admissible unless W is afforded an opportunity to explain or deny and opposite party is afforded an opportunity to interrogate the W; does not apply to admissions of party opponent |
| 614 | court may call or interrogate any W |
| 701 | Opinion testimony: limited to opinions rationally based on the perception of the W and helpful to a clear understanding of the W's testimony or the determination of a fact in issue, and not based on specialized knowledge |
| 702 | Expert Testimony: testimony must be based on sufficient facts or data, reliable principles and methods, and applied reliably to the facts of the case |
| 703 | Bases of Expert Opinion Testimony: should be reasonably relied upon by experts in the particular field, facts or data need not be admissible |
| 704 | Opinion on ultimate issue: testimony may contain conclusions on issues that the trier of fact must decide with the exception of mens rea |
| 705 | Disclosure of Facts or Data Underlying expert testimony: expert may testify in terms of opinion or inference and give reasons without first testifying to underlying facts or data, but may be required by court to disclose underlying facts or data on cross |
| 706 | Court Appointed Experts |
| 801(a) | Statement--oral or written assertion or nonverbal conduct if intented as an assertion |
| 801(b) | Declarant--person who makes a statement |
| 801(c) | Hearsay--A statement other than one made by the declarant while testifying at the trial or hearing, offered in evidendce to prove the truth of the matter asserted |
| 801(d) | non-hearsay--prior statement by witness given under oath subject to perjury with cross examination and offered to rebut a charge of recent fabrication, improper influence or identification; admission by party opponent made or accepted by party or its agent or a co-conspirator |
| 802 | Hearsay is not admissible unelss it falls under an exception |
| 803(1) | Present Sense Impression |
| 803(2) | Excited Utterance |
| 803(3) | Then existing mental, emotional or physical condition |
| 803(4) | Made for purposes of medical dx or treatment |
| 803(5) | Recorded recollection |
| 803(6) | Business record |
| 803(7) | Absence of business record |
| 803(8) | Public records or reports |
| 803(9) | Records of vital statistics |
| 803(10) | Absence of public record or entry |
| 803(11) | Records of Religious organizations re birth, death, marriage, legitimacy, anscestry, etc |
| 803(12) | Marriage, baptismal or similar certificate |
| 803(13) | Family records |
| 803(14) | Records of documents affecting an interest in property |
| 803(15) | Statements in documents affecting an interest in property |
| 803(16) | Ancient documents |
| 803(17) | Market reports, commercial publications |
| 803(18) | Learned treatises |
| 803(19) | Reputation concerning personal or family history |
| 803(20) | Reputation concerning boundaries or general history |
| 803(21) | reputation as to character |
| 803(22) | Judgment of prior conviction |
| 803(23) | Judgement as to personal, family or general history or boundaries |
| 804(a) | Unavailibility of a W means exempt by ruling of court on privilege, refusal to testify, lack of memory, unable to be present including being dead; parties have been unable to procure presence by process or other reasonable means |
| 804(b)(1) | Prior testimony |
| 804(b)(2) | Dying declaration |
| 804(b)(3) | Statement against interest |
| 804(b)(4) | Statement of personal or family history |
| 804(b)(6) | Forfeiture by wrongdoing that caused W to be unvailable |
| 805 | Multiple levels of hearsay--each part requires an exception |
| 806 | Attacking and Supporting credibility of Declarant: credibility may be attacked by any evidence that would be admissible if declarant testified as W; provisions for allowing a declarant to deny or explain inconsistent statements does not apply |
| 807 | Residual Exception |
| 901 | Requirement of Authentication or Identification: when a party seeks to introduce tangible evidence, the party must provide a basis for a finding that the item is really what it claims to be; ways of authentication include testimony of a W with knowledge, nonexpert handwriting opinion, comparison by terier or expert W, distinctive characteristics, voice identification, telephone conversations, public records or reports, ancient documents or data compilation, process or system, methods provided by statute or rule |
| 902 | Self-authentication: Extrinsic evidence of authenticity is not required--public documents certified (usually under seal), certified copies of public records, official publications, newspapers and periodicals, trade inscriptions, acknowledged documents (notarized), commercial paper, presumptions under Congressional acts, certified business records |
| 1001 | Writing can be any form of data compilation including print, recordings, phtos, videos, xrays; original is the recording or a counterpart intended to have the same effect; a duplicate is a reprint/copoy of the original which accurately reproduces the original |
| 1002 | Requirement of Original (Best Evidence Rule): original is required unless it falls under an exception or Congressional act |
| 1003 | Duplicates may be admitted in lieu of original unless unfair or genuine question as to authenticity of original |
| 1004 | Other Evidence of Contents--original is not required if originals lost or destroyed, unobtainable, in the possession of opponent or not closely related to a controlling issue |
| 1005 | Public Records--May be proved by certified copy or copy compared with original |
| 1006 | Summaries may be used when writing is too voluminous to be examed however originals must be available for examination or copying by other parties and court may order their production |
| 1007 | Testimony or Written Admission of Party--may be admitted without accounting for the nonproduction of the original |
| 1008 | Functions of Court and Jury--Judge determines initial admission under 104, but jury decides whether asserted writing ever existed, is the original or accurately reflects the content of the original |
