Evidence Law and Staff Note

Topics: Evidence law, Relevance, Jury Pages: 72 (25806 words) Published: May 27, 2013
Article I GENERAL PROVISIONS Rule 101 102 103 104 105 106 Scope of rules: applicability; privileges; exceptions Purpose and construction; supplementary principles Rulings on evidence Preliminary questions Limited admissibility Remainder of or related writings or recorded statements Article II JUDICIAL NOTICE 201 Judicial notice of adjudicative facts Article III PRESUMPTIONS 301 302 Presumptions in general in civil actions and proceedings [Reserved] Article IV RELEVANCY AND ITS LIMITS 401 402 403 404 405 406 407 408 409 410 411 Definition of “relevant evidence” Relevant evidence generally admissible; irrelevant evidence inadmissible Exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay Character evidence not admissible to prove conduct; exceptions; other crimes Methods of proving character Habit; routine practice Subsequent remedial measures Compromise and offers to compromise Payment of medical and similar expenses Inadmissibility of pleas, offers of pleas, and related statements Liability insurance Article V PRIVILEGES 501 General rule Article VI WITNESS 601 602 603 General rule of competency Lack of personal knowledge Oath or affirmation

Rule 604 605 606 607 608 609 610 611 612 613 614 615 616

Interpreters Competency of judge as witness Competency of juror as witness Impeachment Evidence of character and conduct of witness Impeachment by evidence of conviction of crime Religious beliefs or opinions Mode and order of interrogation and presentation Writing used to refresh memory Impeachment by self-contradiction Calling and interrogation of witnesses by court Separation and exclusion of witnesses Methods of impeachment Article VII OPIONIONS AND EXPERT TESTIMONY

701 702 703 704 705

Opinion testimony by lay witnesses Testimony by experts Bases of opinion testimony by experts Opinion on ultimate issue Disclosure of facts or data underlying expert opinion Article VIII HEARSAY

801 802 803 804 805 806 807

Definitions Hearsay rule Hearsay exceptions; availability of declarant immaterial Hearsay exceptions; declarant unavailable Hearsay within hearsay Attacking and supporting credibility of declarant Hearsay exceptions; child statements in abuse cases Article IX AUTHENTICATION AND IDENTIFICATION

901 902 903

Requirement of authentication or identification Self-authentication Subscribing witness’ testimony unnecessary Article X CONTENTS OF WRITINGS, RECORDINGS AND PHOTGRAPHS

1001 1002 1003

Definitions Requirement of original Admissibility of duplicates

Rule 1004 1005 1006 1007 1008

Admissibility of other evidence of contents Public records Summaries Testimony or written admission of party Functions of court and jury Article XI MISCELLANEOUS RULES

1101 1102 1103

[Reserved] Effective date Title

ARTICLE I. GENERAL PROVISIONS RULE 101. Scope of Rules: Applicability; Privileges; Exceptions

(A) Applicability. These rules govern proceedings in the courts of this state, subject to the exceptions stated in division (C) of this rule. (B) Privileges. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings conducted under these rules. (C) Exceptions. These rules (other than with respect to privileges) do not apply in the following situations: (1) Admissibility determinations. Determinations prerequisite to rulings on the admissibility of evidence when the issue is to be determined by the court under Evid.R. 104. (2) Grand jury. Proceedings before grand juries.

(3) Miscellaneous criminal proceedings. Proceedings for extradition or rendition of fugitives; sentencing; granting or revoking probation; proceedings with respect to community control sanctions; issuance of warrants for arrest, criminal summonses and search warrants; and proceedings with respect to release on bail or otherwise. (4) Contempt. Contempt proceedings in which the court may act summarily.

(5) Arbitration. Proceedings for those...
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