Federal Rules of Evidence RULE 401 TEST FOR

Federal Rules of Evidence

• RULE 401 TEST FOR RELEVANT EVIDENCE – Evidence is relevant if: • It has any tendency to make a fact more or less probable than it would be without the evidence; and • The fact is of consequence in determining the action • RULE 402 GENERAL ADMISSIBILITY OF RELEVANT EVIDENCE – Relevant evidence is admissible unless these rules provide otherwise. Irrelevant evidence is not admissible. • RULE 403 EXCLUDING EVIDENCE FOR PREJUDICE, CONFUSION, WASTE OF TIME, OR OTHER REASONS – The court may exclude 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.

• RULE 404 CHARACTER EVIDENCE; CRIMES OR OTHER ACTS – Character Evidence: • Prohibited Uses: Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait – Exceptions for a Defendant or Victim in a Criminal Case: The following exceptions apply in a criminal case: » A defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it; • A defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may: – Offer evidence to rebut it; – Offer evidence of the defendant’s same trait; and – In a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor • Exceptions for a Witness: Evidence of a witness’s character may be admitted under Rules 607

• RULE 405 METHODS OF PROVING CHARACTER – (1) REPUTATION OR OPINION • In all cases in which evidence of character or a character trait is admissible, proof may be made by Testimony as to reputation or in the form of an opinion – (2) SPECIFIC INSTANCES OF CONDUCT • In cases where character or character trait is an essential element in a change, claim or defense, proof may also be specific incidents of the person’s conduct • RULE 406 HABIT EVIDENCE – Evidence of the habit, corroborated or not and regardless of eyewitness, of the person or the routine practice of the organization

• RULE 407 SUBSEQUENT REMDIAL MEASURES – After an injury allegedly caused by something. Measures are taken, that if previously, would have made the injury less likely to occur-not admissible to prove negligence • RULE 409 PAYMENT OF MEDICAL AND SIMILAR EXPENSES • RULE 602 LACK OF PERSONAL KNOWLEDGE; SPECULATION – A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter

• RULE 608 TRUTHFULNESS OF A CHARACTER IS ADMISSIBLE ONLY IF THE CHARACTER HAS BEEN ATTACKED • RULE 611 (b) (2) SCOPE OF CROSS EXAMINATION – Cross not limited to scope of the direct, may inquire into any relevant facts contained in the witness’ statement, INCLUDING ALL REASONABLE INFERENCES THAT CAN BE DRAWN FROM THOSE FACTS

RULE 801 HEARSAY RULE 801 (d) STATEMENTS WHICH ARE NOT HEARSAY RULE 801 (d)(2) ADMISSION BY PARTY OPPONENT RULE 803 HEARSAY EXCPETIONS; DECLARANT IMMATERIAL – Presence Sense Impression • Then existing mental, emotion, or psychological conditions • Statements for purpose of medical diagnosis or treatment • Recorded recollection • Records of regularly conducted business activity • Public records and reports • Learned treatises • Reputation as to character • RULE 804 (b) HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE – Statement under belief of impending death – Statement against interest • RULE 901 ASSUMING FACTS NOT INTO EVIDENCE – Shall not ask questions that assumes unproven facts • RULE 902 ARGUMENTATIVE QUESTION • •