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3 R's to be admissible
- 1. Relevant - 401-415
- 2. Reliable - 801-807
- 3. Right - 601-615, 701-705, 901-902,1001-1004
What Rules deal with General Relevance
Relevant evidence -"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.”
All relevant evidence is admissible, unless prescribed by constitution, statutes, or rules. Evidence that is not relevant is not admissible.
- 403 – Exclusion of Relevant Evidence – balancing test Is probative value “substantially outweighed” by
- 1.Consideration of judicial economy
- 2.“danger of unfair prejudice” (unduly inflammatory)
- 3. issues raised outweights Rule 403
Special Relevance - what rules and 5 areas of focus
- Rules: 404-415
- 1. Character traits
- 2. Other Acts
- 3. Habit
- 4. Policy exclusions
- 5. Privileges
Rules for Character Traits
404, 405, 803(21)
Essential element rule
Charater traits - 405(b)
Is character an essential element of a claim or defense in a civil or criminal case?
3 forms that Character trait testimony can be given?
- 1. Reputation
- 2. Personal Opinion
- 3. Specific acts
Character traits for criminal cases only
Who can raise a 405(a) character trait issue in a criminal case
Only the D. Once raised then P can rebut, but can only point to D character not one else's (exceptions Homicide/ self-defense cases, can then bring up victims peacefulness ect. )
Other Act's, crimes, wrongs
404(b) (biggest source of reversal)
When can a 404(b) - others acts, crimes, wrongs be introduced
Both civil and criminal, as circumstantial proof of motive, opportunity, intent, knowledge, identity, plan, and other specific purposes.
Habit and Routine Practice
Victim Rule "rape shield"
General Rule 412 -Rape Shield
history of the victim is generally irrelevant.
- - Defense that someone else did it
- -Defense of consensual sex - history with D only
Defendant Sex Rules 413-415
Generally - D previous sexual assault or child molestation admissible for any relevant purpose in sexual assault or child molestation.
Policy exclusions rules and topics
- -Remedial measures
What rule covers Subsequent Remedial Measures
When does rule 407 allow subsequent remedial measures?
When used to prove ownership or control. Can not be used to prove negligence, strict liability, warnings
Compromise and offers of compermise (civil, and Criminal)
General rule for compromises and offers of compermise
- Not admissible unless (in civil)to show bias/interest to show a 3rd party who is now a witness settled with D.
- (in Criminal) only statements made to prosecutor are barred, not to policy. Can also be used for bias/interest by 3rd party.
Payment of Medical Expense
Rules 501,502 and AZ Statutes
- Rule 501 (deleted 505)
- ARZ 12-2231, 2232, 13-4062
- Rule 501,502, (deleted 505)
- ARZ 12-2234, 13-4062
- 501 (deleted 504),
- ARS 12-2235, 13-4062
Hearsay and non-hearsay rules
Statement, Made out of court, offered to prove truth of matter asserted in statement
Statement in hearsay is?
Assertion - oral, written , assertive contuct
Made out of court in hearsay is?
W in court is repeating the out of court statement
Admission of Party Rule
Prior Statements by witnesses
Statements against interest
Two requirements under FRE for Statements against interest
- 1. Declarant must be unavailable under 804(a)
- 2. The statement must be against declarants interests
FRE 804 (b) (3)
Difference in Former Testimony rule between FRE and Arizona
FRE requires that the witness be unavailable, Arizona does not. "free use rule".
Present Sense Impressions and Excited Utterances
FRE 803 (1),(2)
Two requriements for Present sense impression
- 1. Must be made during or immediately after the event
- 2. The statement must describe or explain the event
Excited Utterances two requirements
- 1. The statement must be made under the stress of excitement
- 2. the statement must relate to a startling event.
Statements of Conditions for Diagnosis and Treatment
Present Mental and Physical condition
FRE 803 (6),(7), 902(11), 805, 106
Public Records -
FRE 803(8), (10) , 902
601-606, ARS 12-2201, 2202, 2251, 13-4061
607-610, 613 801(d)(1), 806
Rehabilitation of impeached witness
Lay and expert witness opionions
Judicual notice and presumptions
FRE 103, 104, 105