Upgrade to remove ads
Only $35.99/year

Federal Rules of Evidence

Terms in this set (79)

101: Scope
a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101.
(b) Definitions. In these rules:
(1) "civil case" means a civil action or proceeding;
(2) "criminal case" includes a criminal proceeding;
(3) "public office" includes a public agency;
(4) "record" includes a memorandum, report, or data compilation;
(5) a "rule prescribed by the Supreme Court" means a rule adopted by the Supreme Court under statutory authority; and
(6) a reference to any kind of written material or any other medium includes electronically stored information.)
102: Purpose
These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.)
103: Rulings on evidence
(a) Preserving a Claim of Error:
(1) Objection
(2) Offer of proof
(b) Record of offer and ruling
(c) Court's Statement About the Ruling
(d) Hearing of jury
(e) Plain error
(1) Objection ( if the ruling admits evidence, a party, on the record:timely objects or moves to strike; and states the specific ground, unless it was apparent from the context;)
(2) Offer of proof (if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.)
(b) Record of offer and ruling: (Once the court rules definitively on the record — either before or at trial — a party need not renew an objection or offer of proof to preserve a claim of error for appeal.)
(c) Court's Statement About the Ruling: (The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form.)
(d) Hearing of jury (To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.)
(e) Plain error (A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.)
104. Preliminary Questions:
(a) Questions of admissibility generally
(b) Relevancy conditioned on fact
(c) Hearing of jury
(d) Testimony by accused
(e) Weight and credibility
a) The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.)
(b) When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.)
(c) The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:(1) the hearing involves the admissibility of a confession; (2) a defendant in a criminal case is a witness and so requests; or (3) justice so requires.)
(d) By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.)
(e) This rule does not limit a party's right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.
105. Limited Admissibility
If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly
106. Remainder of or Related Writings or Recorded Statements
If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time
401. Definition of "Relevant Evidence"
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
admissible unless Constitution, federal statute, these rules, or other rules prescribed by the supreme court.
403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of time
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes:
(a) Character evidence generally:
(1) Character of accused
(2) Character of victim
(3) Character of witness
(b) Other crimes, wrongs, or acts
(1) Character of accused: isn't admissible to prove that on a particular occasion the person acted in accordance with the character or trait
(2) Character of victim(or defendant in criminal case):
(a) defendant can offer evidence of defendant's trait and if admitted the prosecutor can offer evidence to rebut
(b) defendant can offer evidence of victims trait AND IF admitted prosecutor can both rebut it and offer evidence of the defendants same trait
(c) in homicide, prosecutor can offer evidence of victim's trait of peacefulness to rebut evidence of victim being first aggressor
(3) Character of witness: Evidence of a witness's character may be admitted under Rules 607, 608, and 609.
b. (1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
(3) Notice in a Criminal Case. In a criminal case, the prosecutor must:
(A) provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;
(B) articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and
(C) do so in writing before trial — or in any form during trial if the court, for good cause, excuses lack of pretrial notice.
405. Methods of Proving Character:
(a) Reputation or opinion
(b) Specific instances of conduct
a.proved by testimony about reputation or testimony in form of an opinion. On cross the court may allow an inquiry into specific instances of conduct
b. when a persons character/trait is essential element of claim or defense, the character or trait can be proved by relevant specific instances of conduct (essential element to prosecutions claim-pertinent character trait)
406. Habit; Routine Practice
evidence of persons habit or routine practice may be admitted to prove that person acted in accordance w them. The court may admit this regardless of it being corroborated or whether there was a witness
407. Subsequent Remedial Measures
where measures are taken that woukdve made the injury/harm less likely to occur, evidence is not admissible to prove (a) negligence (b) culptable conduct (c) defect on product/design (d) a need for warning/instruction - * court may admit for another purpose, impeachment/proving ownership/control/feasibility of precautionary measures
408. Compromise and Offers to Compromise
(1) furnishing, promising, or offering /accepting, promising to accept, or offering to accept a valuable consideration in compromising/attempting to compromise the claim;
and
(2) conduct or a statement made during compromise negotiations about the claim — EXCEPT when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.
Evidence of these aren't admissible to prove/disprove validity or amount of a disputed claim or to impeach by prior inconcistent statement
b. exceptions: court can admit for another purpose such as proving bias. Prejudice/ undue delay, or proving effort to obstruct investigation/prosecution
409. Payment of Medical and Similar Expenses
Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
410. Inadmissibility of Pleas, Plea Discussions, and Related Statements
In civil or criminal evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:
(1) a guilty plea that was later withdrawn;
(2) a nolo contendere plea;
(3) a statement made during a proceeding on either of those pleas under Federal Rule of Criminal Procedure 11 or a comparable state procedure; or
(4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
**exceptions: a statement described in Rule 410(a)(3) or (4):
(1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or
(2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.
411. Liability Insurance
indication someone was not insured against liability is NOT admissible to prove negligence/wrongfulness but can be admitted for another purpose such as bias/prejucice, agency, control
412. Sex Offense Cases; Relevance of Victim's Past Behavior or Alleged Sexual Predisposition
a. Not admissible in civil or criminal proceeding involving the misconduct
-offered to prove victim engaged in sexual behavior or
-evidence offered to prove victims sexual predisposition
b. Exceptions
Criminal cases:
-evidence of specific instances of sexual behavior if offered to prove someone other than defendant was source of physical evidence
-evidence of specific instances of sexual behavior with respect to person, if offered by defendant to prove consent or offered by prosecutor
-evdiecenwhose exclusion would violate D's constitutional rights
Civil case
-evidence offered to prove sexual behavior/predisposition if probative valye outweighs har/prejudice, only admit reputation if victim places theirs in controversy
c. procedure to determine admissibility
must file motion
1. For 412(b) File a motion that describes evidence and states purpose
2. 14 days before ttial
3. Serve motion to all parties
4. Notify victim/representative
Hearing
-before admitting court must conduct an in camera hearing and give victim/parties a right to attend and be heard (this remains realed)
413. Evidence of Similar Crimes in Sexual Assault Cases
a. criminal case- court can admit evidence that defendant committed another assault
b. prosecutor must disclose to defendant 15 days before trial
c. doesn't limit any other rule
d. definition of sexual assault
414. Evidence of Similar Crimes in Child Molestation Cases
a. criminal case - court can admit evidence defendant committed another child molestation
b. must make defendant aware 15 days before trial
c. doesn't limit other rules
d. definition: child under age 14, includes attempts
415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
a. permitted use - court can admit past sexual assault/child molestation
b. disclosure - must disclose 15 days before
601. General Rule of Competency
competent until otherwise proven
602. Need for Personal Knowledge
witness must have personal knowledge
603. Oath or Affirmation
...
604. Interpreters
...
605. Competency of Judge as Witness
cannot be witness
606. Competency of Juror as Witness:
(a) At the trial
(b) Inquiry into validity of verdict or indictment
(a) At the trial - no, party must be able to object outside jurys presence
(b) Inquiry into validity of verdict or indictment
(1) jury cant testify about jurys deliberations
Exceptions
(a) extraneous prejudicial information was improperly brought top jurys attention
(b) outside influence brought to bear on a juror
(c) mistake was made in entering verdict
607. Who May Impeach
anyone
608. Evidence of Character and Conduct of Witness:
(a) Opinion and reputation evidence of character
(b) Specific instances of conduct
(a) Opinion and reputation evidence of character
-credibility attacked, truthful character can only be introduced if truthfulness is attacked
(b) Specific instances of conduct
-extrinsic evidence not admissible (except under 609) but court will allow if probative for truthfulness/untruthfulness of witness or another witness' character that is being testified about
609. Impeachment by Evidence of Conviction of Crime:
(a) General rule
(b) Time limit
(c) Effect of pardon, annulment, or certificate of rehabilitation
(d) Juvenile adjudications
(e) Pendency of appeal
(a) General rule
-crime that was punishable by death/imprisonment >1 year
-evidence must be admitted in civil cse or in criminal case where W is not def
-in criminal case which witness is a def if prob value outweighs prejudice AND
-for any crime regardless of punishment if the court can readily determine that estavlishing elements of crime required proving a dishonest act, etc
(b) Time limit
-if >10 years have passed since conviction or release from confinement
-its probative value outweights prejudicial effect and
-proponent gives adverse party reasonable written notice so they have opportunity to contest
(c) Effect of pardon, annulment, or certificate of rehabilitation
-not admissible if conviction has been subject of this based on finding person has been rehabilitated and not convicted of a later crime OR
-conviction has been subject to this based on finding of innocence
(d) Juvenile adjudications
Only if -offered in criminal case
-adjudication was of witness other than defendant
-adults conviction for it would be admissible to attack credibility
-admitting evidence is necessary to fairly determine guilt/innocence
(e) Pendency of appeal
-admissible if pending, evidence of pendency admissible too
610. Religious Beliefs or Opinions
not admissibile for credibility purposes
611. Mode and Order of Interrogation and Presentation:
(a) Control by court
(b) Scope of cross-examination
(c) Leading questions
(a) Control by court
(1) effective for determining truth (2) avoid wasting time (3) protect witnesses from harassment/undue embarassment
(b) Scope of cross-examination
-should not go beyond subject matter of direct examination/matters affecting witness's credibility
(c) Leading questions
-should not be used except as necessary, allow on cross or when party calls hostile witness/adverse party/witness ided with adverse party
612. Writing Used to Refresh Memory
-(a)can use while testifying or before testifying
-(b) adverse party entitled to have writing produced, coss etc, can delete any unrelated matter
© if writing is not produced court may issue order, if prosecution doesn't comply, court must strike witness' testimony or declare a mistrial
613. Prior Statements of Witnesses:
(a) Examining witness concerning prior statement
(b) Extrinsic evidence of prior inconsistent statement of witness
(a) Examining witness concerning prior statement (need not show contents to witness but must disclose to adverse partys attorney on request)
(b) Extrinsic evidence of prior inconsistent statement of witness (only if witness is given opportunity to explain.deny and adverse party can examine witness about it (doesn't apply to 801(d)(2))
614. Calling and Interrogation of Witnesses by Court:
(a) Calling by court
(b) Interrogation by court
(c) Objections
(a) Calling by court - each party entitled to cross
(b) Interrogation by court - court may examine regardless of who calls
(c) Objections - party may object to the courts calling a witness at that time or next opportunity when jury isn't present
615. Exclusion of Witnesses
must order witnesses excluded so they don't hear other witness' testimony but doesn't imclude)
(a) a party who is a natural person;
(b) an officer or employee of a party that is not a natural person, after being designated as the party's representative by its attorney;
(c) a person whose presence a party shows to be essential to presenting the party's claim or defense; or
(d) a person authorized by statute to be present.
701. Opinion Testimony by Lay Witnesses
Opinion testimony limited to
(a) rationally based on the witness's perception;
(b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and
(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
702. Testimony by Experts
(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) based on sufficient facts or data;
(c) product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
703. Bases of Opinion Testimony by Experts
-if facts or data would be otherwise inadmissible, proponent of opinion may only disclose to jury if probative value in helping jury evluate opinion exceeds prejudicial effect
704. Opinion on Ultimate Issue
(a) In general - not objectional just because it embraces ultimate issue
(b) exception - criminal - expert witness must not state opinion about whether defendant did/did not have a mental state/condition that constitutes element of crime charged or of a defense
705. Disclosure of Facts or Data Underlying Expert Opinion
-expert may state opinion and give reasons without first testifying to the underlying facts or data
706. Court Appointed Experts:
(a) Appointment
(b) Expert's Role
(c) Compensation
(c) Disclosure of appointment
(d) Parties' experts of own selection
(a) Appointment - show cause why should not be appointed and ask parties to submit noms
(b) Expert's Role
(1) advise parties of any findings (2) may be deposed by any party (3) may be called to testify by court or any party (4) may be cross examined by any party
(c) Compensation
Reasonable (1) in case involving just compensation from any funds that are provided by law and (2) in any other case by the parties and at the time that the court directs
(d) Disclosure of appointment - may authorize disclosure to jury that court appointed the expert
(e) Parties' experts of own selection- doesn't limit a party in calling its own experts
801. Definitions:
(a) Statement
(b) Declarant
(c) Hearsay
(d) Statements which are not hearsay:
(1) Prior statement by witness
(2) Admission by party-opponent
(a) Statement: a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
(b) Declarant: the person who made the statement.
(c) Hearsay: means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.
(d) Statements which are not hearsay:
(1) Prior statement by witness
(a) declarant testifies/is subject to cross about prior statement and the statement either
(1) is inconsistent w d's testimony and was given under penalty of perjury or
(2) is consistent eith D's testimony and is offered to either
(a) rebut the charge that D fabricated it/acted w improper otive in testifying or (b) rehabilitate the declarants credibility as a witness when attacked on another ground
(3) identifies a person as the d percieved earlier
(2) Admission by party-opponent: statement offered against an opposing party and
(A) was made by the party in an individual or representative capacity;
(B) is one the party manifested that it adopted or believed to be true;
(C) was made by a person whom the party authorized to make a statement on the subject;
(D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or
(E) was made by the party's coconspirator during and in furtherance of the conspiracy.
802. Hearsay Rule
Hearsay is not admissible unless any of the following provides otherwise:
· a federal statute;
· these rules; or
· other rules prescribed by the Supreme Court.
803. Hearsay Exceptions; Availability of Declarant Immaterial:
(1) Present sense impression
a statement describing/explaining an event or condition made WHILE or IMMEDIATELY AFTER declarant perceived it (no issue w memory/no time for thought)
803(2) Excited utterance
declarant witnessed something that excited them, statement was made during period of excitement, statement relates to excitement
803(3) Then existing mental, emotional, or physical condition
not a memory or belief unless it relates to terms of declarants will, statement of the d's then-existing state of mind/emotional/physical condition
803(4) Statements for purposes of medical diagnosis or treatment
statement made FOR (reasonably pertiment to) treatment/diagnosis AND describes medical history, past/present symptoms etc
803(5) Recorded recollection
record that (A) witness once knew but not cannot recall fully and accurately (B) was made or adopted by the itness when the matter was fresh in their memory) and (C) accurately reflects witness's knowledge
**can be read into evidence but only be recieved as an exhibit if offered by adverse party
803(6) Records of regularly conducted activity
(A) the record was made at or near the time by — or from information transmitted by — someone with knowledge;
(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
(C) making the record was a regular practice of that activity;
(D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and
(E) neither the opponent does not show that the source of information nor or the method or circumstances of preparation indicate a lack of trustworthiness.
803(7) Absence of entry in records kept in accordance with the provisions of paragraph (6)
Evidence that a matter is not included in a record described in paragraph (6) if:
(A) the evidence is admitted to prove that the matter did not occur or exist;
(B) a record was regularly kept for a matter of that kind; and
(C) neither the opponent does not show that the possible source of the information nor or other circumstances indicate a lack of trustworthiness.
803(8) Public records and reports
record or statement of a public office if it sets out
(a) activities
(1) a matter observed while under a legal duty to report, but
(2) not including, in a criminal case, a matter observed by law enforcement personel or
(3) in a civil case/against the govt in crim case, factual findings from authorized investigation AND (b) the opponent doesn't show the source of info/other circumstances indicate lack of trustworthiness
803(9) Records of vital statistics
birth, death, marriage, if reported to public office w legal duty
803(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
Testimony — or a certification under Rule 902 — that a diligent search failed to disclose a public record or statement if:
(A) the testimony or certification is admitted to prove that
(i) the record or statement does not exist; or
(ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and
(B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice — unless the court sets a different time for the notice or the objection.
804. Hearsay Exceptions; Declarant Unavailable:
(a) Definition of unavailability
(b) Hearsay exceptions:
(1) Former testimony
(2) Statement under belief of impending death
(3) Statement against interest
(4) Statement of personal or family history
(6) Forfeiture by wrongdoing
(a) Definition of unavailability
Criteria for Being Unavailable.
(1) exempt bc of privilege (6th amendment etc)
(2) refuses to testify despite a court order;
(3) testifies to not remembering;
(4) cannot be present bc death or a then-existing infirmity, physical illness, or mental illness; or

(5) is absent from the trial or hearing and the statement's proponent has not been able, by process or other reasonable means, to procure:
(A) the declarant's attendance, in the case of a hearsay exception under Rule 804(b)(1) or (6); or
(B) the declarant's attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), (3), or (4).
(b) Hearsay exceptions:
(1) Former testimony
-was given as a witness at a trial/hrearing/lawful deposition AND
-is now offered against party who had (or in ciivl predecessor in interest had) an opportunity/similar motive to develop by direct/cross/redirecrt examination
(2) Statement under belief of impending death (ONLY HOMICIDE AND CIVIL)
-declarant made statement about death's cause ofr consequences while believing their death to be IMMINENT
(3) Statement against interest
-reasonable person would've made only if true bc it was so contrary to d's proprietary/pecuniary interest/invalidated d's claim/exposed d to civil or criminal liability AND
-is supported by corroborating circumstances to indicate trustworthiness (in criminal it exposes them to liability)
(4) Statement of personal or family history
-statmenet about adoption, family history, even though D had no way of acquiring personal knowledge, OR
-another person concerning any of these facts as well as death if related to D by blood, adoption, marriage or was so intimately associated w persons family
(6) Forfeiture by wrongdoing
- statement offered against party that wrongfully caused (or acquiesced in) the declarants unavailability as a witness and did so with this intent
805. Hearsay Within Hearsay
not excluded if each oart of the statements conforms w an exception to the rule
806. Attacking and Supporting Credibility of Declarant
-when heresay statement admitted, D's credibility can be attacked/supported by any evidence admissible if they testified as a witness (court can admit evidence of inconsistency regardless whether D defended it)
807. Residual Exception
-allowed if it doesn't fit under other exceptions if
-statement is supported by sufficient guarantees of trustworthiness considering totality of circumstances AND
-it is more probative on point than any other evidence proponent could obtain through reasonable efforts
-statement is admissible only if proponent gives adverse party reasonable notice of intent to offer statement (substance/declarants name) in writing before the hearing
901. Requirement of Authentication or Identification:
(a) General provision
must produce evidence that the proponent produces to support a finding that the items is what they claim it to be
901(b)
(1) Testimony of witness with knowledge
witness has knowledge
901(b) (2) Nonexpert opinion on handwriting
familiarity not acquired for purpose of litigation
901(b) (3) Comparison by trier or expert witness
compare
901(b) (4) Distinctive characteristics and the like
compare
901(b) (5) Voice identification
can hear voice at any time before under circumstances that connec tit w alleged speaker)
901(b) (6) Telephone conversations
evidence a call was made to number assigned to person if (a) circumstances/self ID show the person answering was the one assigned or (b) a business if the call related to business reasonably transacted over the phone)
901(b) (7) Public records or reports
(a. document was filed in public office as authorized by law or (b) purported public record/sytatement is from office where items of this kind are kept)
901(b) (8) Ancient documents or data compilation
a) in condition that creates no suspicion (b) was in a place where it would likely be and (c) is at least 20 years old)
901(b) (9) Process or system
proving process produces accurate results)
901(b) (10) Methods provided by statute or rule
...
902. Self-authentication:
(1) Domestic public documents under seal
(2) Domestic public documents not under seal
(3) Foreign public documents
(4) Certified copies of public records
(5) Official publications
(6) Newspapers and periodicals
(7) Trade inscriptions and the like
(8) Acknowledged documents
(9) Commercial paper and related documents
(10) Presumptions under Acts of Congress
(11) Certified domestic records of regularly conducted activity
(12) Certified foreign records of regularly conducted activity
(1) Domestic public documents under seal (HAS SEAL and signature purporting to be execution or attestation)
(2) Domestic public documents not under seal (has SIGNATURE of officer/employee under 902(1)(A) and another pub officer certifies under seal that signer has official capacity and sig is genuine)
(3) Foreign public documents (court may (A) order that it be treated as presumptively authentic without final certification; or (B) allow it to be evidenced by an attested summary with or without final certification.)
(4) Certified copies of public records (copy must be certified by (A) custodian/other authorized person or (b) certificate in 902(1) (2) or (3), statute, or supreme court)
903. Subscribing witness' testimony unnecessary
...
1001. Definitions:
(a) Writings
(b) Recordings
(c) Photograph
(d) Original
(e) Duplicate
...
1002. Requirement of Original
orig required unless stated here or by statute
1003. Admissibility of Duplicates
allowed unless GENUINE QUESTION raised about originals authenticity or circumstances make it unfair
1004. Admissibility of Other Evidence of Contents:
(a) Originals lost or destroyed
(b) Original not obtainable
(c) Original in possession of opponent
(d) Collateral matters
(a) (not by proponent or in bad faith)
(b) (by any available judicial process)
(c) (told opponent w notice that they needed to produce original bc it would be subject of proof and they didn't)
(d) (not closely related to a controlling issue of the case)
1005. Public Records
may use copy of pub record IF (a) record/doc is otherwise admissible (b) copy is certified as in 902(4) or is testified correct by witnesss who compared it w original)
1006. Summaries
(if something cant be conveniently examined in court, must make originals/duplicates available by other parties at reasonable time)
1007. Testimony or Written Admission of Party
can prove content by testimony/deposition/written statement of the party the evidence is offered against)
1008. Functions of Court and Jury
court: determines whether proponent fulfilled conditions for admitting evidence but jury: determines whether (a) writing etc ever existed (b) another one
Other sets by this creator