Holly 2
Terms
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PRELIMINARY QUESTIONS
RULE 104(a): Questions of admissibility generally. -
Preliminary questions concerning:
- the qualification of a person to be a witness,
- the existence of a privilege,
- or the admissibility of evidence
shall be determined BY THE COURT,
subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges. -
PRELIMINARY QUESTIONS
RULE 104(b): Relevancy conditioned on fact -
When the relevancy of evidence depends upon the fulfillment of a condition of fact,
the court shall admit it upon, or subject to,
the introduction of evidence sufficient to support a finding of the fulfillment of the condition. -
PRELIMINARY QUESTIONS
RULE 104(c)-(e): Hearing of Jury, Testimony by Accused, Weight & Credibility -
(c) Hearing of jury.
Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness and so requests.
(d) Testimony by accused.
The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.
(e) Weight and credibility.
This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. -
RULE 106
Remainder of or Related Writings or Recorded Statements - When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.
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RELEVANCE
RULE 401: Definition of Relevance -
"Relevant evidence" means evidence
-having ANY tendency
-to make the existence of ANY fact
-that is OF CONSEQUENCE to the determination of the action
-more PROBABLE or less probable
-than it would be without the evidence. -
RELEVANCE
RULE 402: Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible -
All relevant evidence is admissible,
except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority.
Evidence which is not relevant is not admissible. -
RELEVANCE
RULE 403: Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time -
Although relevant, evidence may be excluded if
-its probative value is substantially outweighed by
o the danger of unfair prejudice,
o confusion of the issues,
o or misleading the jury,
or by considerations of
x undue delay,
x waste of time,
x or needless presentation of cumulative evidence. -
HEARSAY
RULE 801(a): Definition of "Statement" -
The following definitions apply under this article:
(a) Statement.
A "statement" is
(1) an oral or written assertion or
(2) nonverbal conduct of a person,
if it is intended by the person as an assertion. -
HEARSAY
RULE 801(b): Definition of "Declarant" -
(b) Declarant.
A "declarant" is a person who makes a statement. -
HEARSAY
RULE 801(c): Definition of "Hearsay" -
(c) Hearsay.
"Hearsay" is
- a statement,
- other than one made by the declarant while testifying at the trial or hearing,
-offered in evidence to prove the truth of the matter asserted. -
HEARSAY
RULE 801(d)(1)(a): Statements Which Are Not Hearsay
*Prior Statement By Witness*
-inconsistent w/prior statement under oath- -
A statement is not hearsay if--
(1) Prior statement by witness.
The declarant testifies at the trial or hearing
and is subject to cross-examination concerning the statement,
and the statement is
(A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or -
RULE 801(d)(1)(b): Statements Which Are Not Hearsay
*Prior Statement By Witness*
-consistent with prior testimony and used to rebut recent fabrication or improper motive- -
A statement is not hearsay if--
(1) Prior statement by witness.
The declarant testifies at the trial or hearing
and is subject to cross-examination concerning the statement,
and the statement is
(B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or -
RULE 801(d)(1)(c): Statements Which Are Not Hearsay
*Prior Statement By Witness*
-ID of a person after perception- -
A statement is not hearsay if--
(1) Prior statement by witness.
The declarant testifies at the trial or hearing
and is subject to cross-examination concerning the statement,
and the statement is
(C) one of identification of a person made after perceiving the person; or RULE 801(d)(2) -
RULE 801(d)(2)(A): Statements Which Are Not Hearsay
*Admission By Party Opponent* -
(2)Admission by party-opponent. The statement is offered against a party and is
(A) the party's own statement, in either an individual or a representative capacity or -
RULE 801(d)(2)(B): Statements Which Are Not Hearsay
*Admission By Party Opponent* -
(2)Admission by party-opponent. The statement is offered against a party and is
(B) a statement of which the party has manifested an adoption or belief in its truth, or