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Purpose and Construction:
be fair, quick, and preserve the law so that the results is truthfully ascertained. |
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Effect of Erroneous Ruling:
An error cannot be affirmed ruling which admits or excludes evidence |
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Objection:
motion to strike appears |
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Offer of Proof:
an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case |
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Hearing of Jury:
prevent inadmissible evidence exposed to the audience. |
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Plain Error:
None of this prevents mistakes of substantial rights being noticed although they were not
brought to the attention of the court. |
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Questions of admissibility generally:
The court decides if someone is fit to be a witness |
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Relevancy conditioned on fact:
When the relevancy of evidence relies on a condition of fact it shall be admitted or subjected to evidence introduction |
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Weight and credibility:
This rule does not limit the right of a
party to introduce before the jury evidence relevant to weight or
credibility. |
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Remainder of or Related Writings or Recorded Statements
when stuff is introduced the other side may introduced competing evidence. |
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| Judicial Notice of Adjudicative (settling) Facts |
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Scope of Rule:
This rule governs only judicial notice of settling facts |
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Kinds of facts:
fact must be one not
subject to reasonable dispute in that it is either (1) generally known
within the territorial jurisdiction of the trial court or (2) generally
understood and verifiable by ready sources beyond dispute
including but not limited to calendar events. |
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When mandatory:
A court shall take judicial notice if
requested by a party and supplied with the necessary information. |
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Opportunity to be heard:
an opportunity to be heard as to the propriety of taking
judicial notice and the tenor of the matter noticed |
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Time of taking notice:
Judicial notice may be taken at any
stage of the proceeding. |
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Instructing jury:
the court shall instruct the jury that it may, but
is not required to, accept as conclusive any fact judicially noticed |
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Presumptions in General in Civil Actions and Proceeding:
Burden of proof as a whole is not shifted from defense to prosecution if some evidence in and of it self is questioned. |
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Definition of "Relevant Evidence":
that proves or disproves the likelihoods of of an element of the case |
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Relevant Evidence Generally Admissible; Irrelevant
Evidence Inadmissible |
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Exclusion of Relevant Evidence on Grounds of
Prejudice, Confusion, or Waste of Time:
probative value is substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or misleading the jury, waste of time, |
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| Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crime |
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Character Evidence Generall
Evidence of a person's character or a trait of character is not admissible for the purpose of proving action except... |
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| evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of the crime is offered by an accused,evidence of the same trait of character of the accused offered by the prosecution |
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Character of Alleged Victim:
In a criminal case,evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same |
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Character of Witness.
Evidence of the character of a witness, as provided in rules 607, 608, and 609. |
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