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From June 2002 Update INTRODUCTION
OVERVIEW OF EVIDENCE IN FEDERAL COURT
Stipulations of Fact
Documents and Physical Evidence
Fact Testimony
Opinion Testimony
PRESENTING THE EVIDENCE
The Question-and-Answer Technique
The Narrative Technique
Present Recollection Refreshed
Past Recollection Recorded
Exhausting Present Recollection
Marking the Document
If the Witness Wrote or Prepared the Document
If Someone Prepared the Document Other Than the Witness
Verifying the Authenticity of the Document
Placing the Document in Evidence
OBJECTIONS: MAKING A RECORD
Checklist for Making Objections
MOTIONS TO STRIKE
Procedure for Making a Motion to Strike
OFFERS OF PROOF
Procedure for Making Offers of Proof
Checklist for Making Offers of Proof
MOTIONS IN LIMINE
Types of Motions in Limine
Checklist for Motions in Limine
LIMITING AND CURATIVE INSTRUCTIONS
Sample Curative Instruction
Sample Limiting Instruction
Checklist for Curative and Limiting Instructions
MOTIONS FOR MISTRIAL
THE JURY
Jury Selection
Opening Statements
GENERAL PROVISIONS
Rules 101-106
ARTICLE I. GENERAL PROVISIONS
101. SCOPE
102. PURPOSE AND CONSTRUCTION
103. RULINGS ON EVIDENCE
(a) Effect of Erroneous Ruling
(1) Objection
(2) Offer of Proof
(b) Record of Offer and Ruling
(c) Hearing of Jury
(d) Plain Error
104. PRELIMINARY QUESTIONS
(a) Questions of Admissibility Generally
(b) Relevancy Conditioned on Fact
(c) Hearing of Jury
(d) Testimony by Accused
(e) Weight and Credibility
105. LIMITED ADMISSIBILITY
106. REMAINDER OF OR RELATED WRITINGS OR RECORDED STATEMENTS
NOTICE & PRESUMPTIONS
Rules 201-302
ARTICLE II. JUDICIAL NOTICE
201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS
(a) Scope of Rule
(b) Kinds of Facts
(c) When Discretionary
(d) When Mandatory
(e) Opportunity to Be Heard
(f) Time of Taking Notice
(g) Instructing Jury
ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
301. GENERAL PRESUMPTIONS TN CIVIL
ACTIONS AND PROCEEDINGS
302. APPLICABILITY OF STATE LAW TN CIVIL
ACTIONS AND PROCEEDINGS
RELEVANCY
Rules 401-403
ARTICLE IV. RELEVANCY AND ITS LIMITS
401. DEFINITION OF "RELEVANT EVIDENCE"
402. RELEVANT EVIDENCE GENERALLY ADMISSIBLE;
IRRELEVANT EVIDENCE INADMISSIBLE
403. EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF
PREJUDICE, CONFUSION, OR WASTE OF TIME
CHARACTER & HABIT
Rules 404-406
404. CHARACTER EVIDENCE NOT ADMISSIBLE TO
PROVE CONDUCT, EXCEPTIONS; OTHER CRIMES
(a) Character Evidence Generally
(1) Character of Accused
(2) Character of Victim
(3) Character of Witness
(b) Other Crimes, Wrongs, or Acts
405. METHODS OF PROVING CHARACTER
(a) Reputation or Opinion
(b) Specific Instances of Conduct
406. HABIT, ROUTINE PRACTICE
SETTLEMENT & OTHER
Rules 407-412
407. SUBSEQUENT REMEDIAL MEASURES
408. COMPROMISE AND OFFERS TO COMPROMISE
409. PAYMENT OF MEDICAL AND SIMILAR EXPENSES
410. INADMISSIBILITY OF PLEAS, PLEA DISCUSSIONS,
AND RELATED STATEMENTS
411. LIABILITY INSURANCE
412. RAPE CASES; RELEVANCE OF VICTIM'S PAST ALLEGED
SEXUAL BEHAVIOR OR ALLEGED SEXUAL PREDISPOSITION
413. SEX OFFENSE CASES; SIMILAR SEXUAL ASSAULTS (CRIMINAL)
414. SEX OFFENSE CASES; SIMILAR CHILD MOLESTATION (CRIMINAL)
415. SEX OFFENSE CASES; SIMILAR SEXUAL ASSAULTS OR CHILD
MOLESTATION (CIVIL)
PRIVILEGES
Rule 501
ARTICLE V. PRIVILEGES
501. GENERAL RULE
WITNESSES
Rules 601-606
ARTICLE VI. WITNESSES
601. GENERAL RULE OF COMPETENCY
602. LACK OF PERSONAL KNOWLEDGE
603. OATH OR AFFIRMATION
604. INTERPRETERS
605. COMPETENCY OF JUDGE AS WITNESS
606. COMPETENCY OF JUROR AS WITNESS
(a) At Trial
(b) Inquiry into Validity of Verdict or Indictment
IMPEACHMENT
Rules 607-610
607. WHO MAY IMPEACH
608. EVIDENCE OF WITNESS' CHARACTER AND CONDUCT
(a) Opinion and Reputation Evidence
(b) Specific Instances of Conduct
609. IMPEACHMENT BY EVIDENCE OF CRIMINAL CONVICTION
(a) General Rule
(b) Time Limit
(c) Effect of Pardon, Annulment, or
Certificate of Rehabilitation
(d) Juvenile Adjudications
(e) Pendency of Appeal
610. RELIGIOUS BELIEFS OR OPINIONS
EXAMINATIONS & WRITINGS
Rules 611-612
611. MODE AND ORDER OF INTERROGATION
AND PRESENTATION
(a) Control by Court
(b) Scope of Cross-Examination
(c) Leading Questions
612. WRITING USED TO REFRESH MEMORY
PRIOR STATEMENTS
Rules 613 -615
613. PRIOR STATEMENTS OF WITNESSES
(a) Examining Witness Concerning
Prior Statement
(b) Extrinsic Evidence of Witness'
Prior Inconsistent Statement
614. COURT CALLING AND INTERROGATING WITNESSES
(a) Calling Witnesses
(b) Interrogating Witnesses
(c) Objections
615. EXCLUSION OF WITNESSES
LAY OPINION
Rule 701
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
701. OPINION TESTIMONY BY LAY WITNESSES
EXPERT TESTIMONY
Rules 702-706
702. EXPERT TESTIMONY
703. BASES OF OPINION TESTIMONY
704. OPINION ON ULTIMATE ISSUE
705. DISCLOSURE OF FACTS OR DATA UNDERLYING EXPERT OPINION
706. COURT APPOINTED EXPERTS
(a) Appointment
(b) Compensation
(c) Disclosure of Appointment
(d) Parties' Experts of Own Selection
HEARSAY
Rules 801-802
ARTICLE VIII. HEARSAY
801. DEFINITIONS
(a) Statement
(b) Declarant
(c) Hearsay
(d) Non-Hearsay Statements
(1) Witness' Prior Statement
(2) Party-Opponent's Admission
802. HEARSAY RULE
HEARSAY EXCEPTIONS: DECLARANT AVAILABLE
Rule 803
803. HEARSAY EXCEPTIONS; AVAILABILITY OF DECLARANT IMMATERIAL
(1) Present Sense Impression
(2) Excited Utterance
(3) Then Existing Mental, Emotional or Physical Condition
(4) Statements for Purposes of Medical Diagnosis or
Treatment
(5) Recorded Recollection
(6) Records of Regularly Conducted Activity
(7) Absence of Entry in Business Records
(8) Public Records and Reports
(9) Vital Statistics Records
(10) Absence of Public Record or Entry
(11) Religious Organizations' Records
(12) Marriage, Baptismal, and Similar Certificates
(13) Family Records
(14) Documents Affecting an Interest in Property
(15) Statements in Documents Affecting an Interest
in Property
(16) Ancient Documents
(17) Market Reports, Commercial Publications
(18) Learned Treatises
(19) Reputation Concerning Personal or Family History
(20) Reputation Concerning Boundaries or General History
(21) Reputation as to Character
(22) Judgment of Previous Conviction
(23) Judgment as to Personal, Family, or General
History, or Boundaries
(24) Other Exceptions
HEARSAY EXCEPTIONS: DECLARANT UNAVAILABLE
Rules 804-X06
804. HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE
(a) Definition of Unavailability
(b) Hearsay Exceptions
(1) Former Testimony
(2) Dying Declaration
(3) Statement Against Interest
(4) Statement of Personal or Family History
(S) Other Exceptions
805. HEARSAY WITHIN HEARSAY
806. ATTACKING AND SUPPORTING DECLARANT'S CREDIBILITY
AUTHENTICATION & IDENTIFICATION
Rules 901-903
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
901. REQUIREMENT OF AUTHENTICATION OR IDENTIFICATION
(a) General Provision
(b) Illustrations
(1) Testimony of Witness With Knowledge
(2) Nonexpert Opinion on Handwriting
(3) Comparison by Trier or Expert Witness
(4) Distinctive Characteristics
(5) Voice Identification
(6) Telephone Conversations
(7) Public Records or Reports
(8) Ancient Documents or Data Compilation
(9) Process or System
(10) Methods Provided by Statute or Rule
902. SELF-AUTHENTICATION
(1) Domestic Public Documents Under Seal
(2) Domestic Public Documents Not Under Seal
(3) Foreign Public Documents
(4) Certified Copies of Public Records
(5) Official Publications
(6) Newspapers and Periodicals
(7) Trade Inscriptions
(8) Acknowledged Documents
(9) Commercial Paper and Related Documents
(10) Presumptions Under Acts of Congress
903. SUBSCRIBING WITNESS' TESTIMONY UNNECESSARY
WRITINGS & MISCELLANEOUS
Rules 1001-1103
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
1001. DEFINITIONS
(1) Writings and Recordings
(2) Photographs
(3) Original
(4) Duplicate
1002. REQUIREMENT OF ORIGINAL
1003. ADMISSIBILITY OF DUPLICATES
1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS
(1) Originals Lost or Destroyed
(2) Original Not Obtainable
(3) Original in Possession of Opponent
(4) Collateral Matters
1005. PUBLIC RECORDS
1006. SUMMARIES
1007. TESTIMONY OR PARTY'S WRITTEN ADMISSION
1008. COURT AND JURY FUNCTIONS
1101. APPLICABILITY OF RULES
(a) Courts and Magistrates
(b) Proceedings Generally
(C) Privilege
(d) Rules Inapplicable
(1) Preliminary Questions of Fact
(2) Grand Jury
(3) Miscellaneous Proceedings
(e) Rules Applicable in Part
1102. AMENDMENTS
1103. TITLE
Appendix: Forms 10 Motion for Judicial Notice 20 Motion in Limine [Relevance] 30 Motion in Limine [Unfair Prejudice,Confusion, Waste of Time] 40 Motion in Limine [Character Evidence] 50 Motion in Limine [Subsequent Remedial Action] 60 Motion in Limine [Settlement Negotiations] 70 Motion in Limine [Payment of Medical Expenses] 80 Motion in Limine [Plea Negotiations] 90 Motion in Limine [Insurance] 100 Motion in Limine [Conclusion] 110 Motion in Limine [Hearsay] 120 Notice of Intention to Present Evidence of Similar Acts 130 Stipulated Protective Order 140 Acknowledgment of Stipulated Protective Order 150 Motion to Exclude Witnesses at Trial 160 Motion to Compel Disclosure of Expert Witnesses or, in the alternative, to Exclude Expert Testimony at Trial |
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