Federal Rules of Evidence--Detail

payuzahi's version from 2017-04-18 20:32

Federal Rules of Evidence--Detail

Federal Rules of Evidence--Detail

General Provisions

102Purpose & Construction
103Rulings on Evidence
103(a)Rulings on Evidence: Effect of Erroneous Ruling
103(a)(1)Rulings on Evidence: Effect of Erroneous Ruling: Objection
103(a)(2)Rulings on Evidence: Effect of Erroneous Ruling: Offer of proof
103(b)Rulings on Evidence: Record of Offer and Ruling
103(c)Rulings on Evidence: Hearing of Jury
103(d)Rulings on Evidence: Plain Error
104Preliminary Questions
104(a)Preliminary Questions: Questions of admissibility generally
104(b)Preliminary Questions: Relevancy conditioned on fact
104(c)Preliminary Questions: Hearing of jury
104(d)Preliminary Questions: Testimony by accused
104(e)Preliminary Questions: Weight & credibility
105Limited Admissibility
106Rule of Completeness Remainder of or Related Writings or Recorded Statements

Relevancy and Its Limits

401Definition of “Relevant Evidence”
402Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
403Balancing Test Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
404Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
404(a)Character Evidence Generally
404(a)(1)Mercy Rule Character of accused
404(a)(2)Character of alleged victim
404(a)(3)Character of witness
404(b)Other Crimes, Wrongs, or Acts
405Methods of Proving Character
405(a)Methods of Proving Character: Reputation or opinion
405(b)Methods of Proving Character: Specific instances of conduct
406Habit; Routine Practice
407Subsequent Remedial Measures
408Compromise & Offers to Compromise
408(a)Compromise & Offers to Compromise: Prohibited uses
408(a)(1)Compromise & Offers to Compromise: Prohibited uses: Offer/Acceptance of Consideration
408(a)(2)Compromise & Offers to Compromise: Prohibited uses: Statements & Conduct
408(b)Compromise & Offers to Compromise: Permitted Uses
409Payment of Medical & Similar Expenses
410Inadmissibility of Pleas, Plea Discussions & Related Statements
411Liability Insurance
412Sex Offense Case; Relevance of Alleged Victim’s Past Sexual Behavior or Alleged Sexual Predisposition
413Evidence of Similar Crimes in Sexual Assault Cases
414Evidence of Similar Crimes in Child Molestation Cases
415Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation

Privileges & Witnesses

Article 5Privileges
601General Rule of Competency
602Lack of Personal Knowledge
603Oath or Affirmation
605Competency of Judge as Witness
606Competency of Juror as Witness
606(a)Competency of Juror as Witness: At the trial
606(b)Competency of Juror as Witness: Inquiry into validity of verdict or indictment
607Who May Impeach
608Evidence of Character & Conduct of Witness
608(a)Evidence of Character & Conduct of Witness: Opinion & reputation evidence of character
608(b)Evidence of Character & Conduct of Witness: Specific instances of conduct
609Impeachment by Evidence of Conviction of Crime
609(a)Impeachment by Evidence of Conviction of Crime: General Rule
609(a)(1)Impeachment by Evidence of Conviction of Crime: General Rule: Prior felony
609(a)(2)Impeachment by Evidence of Conviction of Crime: General Rule: Conviction with dishonesty as element (“crimen falsi”)
609(b)Impeachment by Evidence of Conviction of Crime: Time Limit
609(c)Impeachment by Evidence of Conviction of Crime: Effect of pardon, annulment, or certificate of rehabilitation
609(d)Impeachment by Evidence of Conviction of Crime: Juvenile adjudications
609(e)Impeachment by Evidence of Conviction of Crime: Pendency of appeal
610Religious Beliefs or Opinions
611Mode & Order of Interrogation & Presentation
611(a)Control by court
611(b)Mode & Order of Interrogation & Presentation: Scope of cross examination
611(c)Mode & Order of Interrogation & Presentation: Leading questions
612Writings to Refresh Memory
613Prior Statements of Witnesses
613(a)Prior Statements of Witnesses: Examining witness concerning prior statement
613(b)Prior Statements of Witnesses: Extrinsic evidence of prior inconsistent statement of witness
614Calling & Interrogation of Witnesses by Court
614(a)Calling & Interrogation of Witnesses by Court: Calling
614(b)Calling & Interrogation of Witnesses by Court: Interrogation
614(c)Calling & Interrogation of Witnesses by Court: Objections
615Exclusion of Witnesses
615(1)Exclusion of Witnesses: Party who is a natural person
615(2)Exclusion of Witnesses: Officer or employee of a party which is not a natural person designated as its representative by its attorney
615(3)Exclusion of Witnesses: Person whose presence is shown by a party to be essential to the presentation of the party's cause
615(4)Exclusion of Witnesses: Person authorized by statute to be present.
ARE 616Impeachment by Evidence of Bias, Prejudice, or Interest

Opinions and Expert Testimony

701Opinion Testimony by Lay Witnesses
701(a)Opinion Testimony by Lay Witnesses: Rationally based on the perception of the witness
701(b)Opinion Testimony by Lay Witnesses: Helpful to a clear understanding of the witness' testimony or the determination of a fact in issue
701(c)Opinion Testimony by Lay Witnesses: Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702
702Testimony by Experts
702(1)Testimony by Experts: Testimony is based upon sufficient facts or data
702(2)Testimony by Experts: Testimony is the product of reliable principles & methods
702(3)Testimony by Experts: Witness has applied the principles and methods reliably to the facts of the case.
703Bases of Opinion Testimony by Experts
704Opinion on Ultimate Issue
704(a)Not objectionable if embraces ultimate issue except for part b
704(b)No opinions on mental state of D required for crime
705Disclosure of Facts or Data Underlying Expert Opinion
706Court Appointed Experts

Hearsay; Hearsay Exemptions; Authentication and Identification; Contents of Writings, Recordings, and Photographs

801(d)Statements which are not hearsay
801(d)(1)Prior statement by witness
801(d)(1)(A)Inconsistent with declarant's prior testimony
801(d)(1)(B)Consistent with declarant's prior testimony & offered to rebut charge against declarant of dishonesty/ improper influence/ motive
801(d)(1)(C)Identification of person made after perceiving person
801(d)(2)Admission by party opponent
801(d)(2)(A)Individual admission
801(d)(2)(B)Adoptive admission
801(d)(2)(C)Authorized admission
801(d)(2)(D)Agent admission
801(d)(2)(E)Co-conspirator admission
802Hearsay Rule
807Residual Exception
807(A)Offered as evidence of material fact
807(B)More probative on point for which offered than any other evidence
807(C)Interest of justice served
901Requirement of Authentication or Identification
Article 10Best evidence rule

Hearsay Exceptions

803Hearsay Exceptions; Availability of Declarant Immaterial
803(1)Present Sense Impression
803(2)Excited Utterance
803(3)Then existing mental, emotional or physical condition
803(4)Statements for purposes of medical diagnosis or treatment
803(5)Recorded recollection
803(6)Records of Regularly Conducted Activity
803(7)Absence of entry in records kept in accordance with the provisions of ¶ 6
803(8)Public records & reports
803(9)Records of vital statistics
803(10)Absence of public record or entry
803(11)Records of Religious organizations
803(12)Marriage, baptismal & 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)Statements in 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)Judgment as to personal, family or general history or boundaries
804Hearsay Exceptions; Declarant Unavailable
804(a)Hearsay Exceptions; Declarant Unavailable: Definition of unavailability
804(a)(1)Definition of unavailability: Privilege
804(a)(2)Definition of unavailability: Refuse to Testify
804(a)(3)Definition of unavailability: Lack of Memory
804(a)(4)Definition of unavailability: Unavailable due to sickness or death
804(a)(5)Definition of unavailability: Cannot be Found
804(b)Hearsay Exceptions; Declarant Unavailable: Hearsay exceptions
804(b)(1)Former 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