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16 Cards in this Set

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  • Back
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
Criminal cases only!
The defendant can put on propensity character evidence of themselves. Only Opinion and Reputation may be offered.
1) No character evidence at initiation of prosecution
2)Accused can introduce pertinent character trait of him himself
3)Accused can introduce pertinent character trait of alleged victim
4)Once accused does (2) prosecution can rebut w/bad character (same trait) of accused
5)Once accused does (3) prosecution can rebut w/good character evidence of victim and bad character evidence of accused
6)Except in homicide cases where defendant claims self defense
Rule 615 Exclusion of Witnesses
No discretion, if a party requests a witness be excluded during the trial, the court must do so.
Exceptions: Parties to the trial, or if an organization, representatives of the party, or witnesses whose presence is shown by a party to be essential to the presentation of the parties case, typically expert witnesses who watch testimony to gather data for their expert opinions
Rule 611 Mode and order of interrogation
A. The court can exercise reasonable control to 1) make the interrogation/presentation effective for attaining the truth 2) avoid wasting time and 3) prevent witness harassment

B. Cross-examination should be limited to stuff in direct and credibility of the witnesses. Court can permit wider scope if they want.

C. Leading questions:
Not on direct, but ok on cross. Ok on hostile/adverse parties/witnesses.
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements
Plaintiff/prosecution can't admit against defendant guilty plea later withdraw, no contest plea, statements made in Rule 11 FRCrimP or comparable state proceedings, or statements made in plea discussions with an ATTORNEY for prosecuting authority which do not result in guilty plea or plea of guilty later withdrawn.

Can admit evidence if defendant admitted a statement in plea or plea discussions that needs counter-statement admitted as well, or in a criminal proceeding if defendant lied under oath, on the record, and in presence of counsel.
Rule 411. Liability Insurance
You can't admit evidence of insurance or lack thereof to prove they did it, but can to show they owned or controlled something or to show bias.
Rule 609. Impeachment by Evidence of Conviction of Crime (c)
Evidence of past crimes isn't admissible if the crime has been pardoned, annulled, certified rehabilitated or otherwise dismissed and the person hasn't committed a felony since.
Also if any of the above occurred because of innocence the crime is not admissible.
Rule 613. Prior Statements of Witnesses
If you are examining a prior statement of a witness, written or not, you do not have to disclose the contents to the witness, but do have to disclose to opposing counsel.

You can't submit extrinsic evidence of inconsistent statements without giving the witness a chance to deny/explain it and the opposing counsel can question the witness on it. Doesn't apply to stuff from 801(d)(2)
Rule 602. Lack of Personal Knowledge
A witness can't testify unless there is evidence they have personal knowledge of the matter. Their testimony can be that evidence, but doesn't have to be.
Rule 408. Compromise and Offers to Compromise
Can't admit offers, acceptance of offers, promises to offer, statements made in negotiations regarding an offer to prove liability for or validity of claims except in for a criminal trial and negotiations were regarding a public agency/office and exercise of state regulatory power.

Permitted uses include bias, prejudice, negating accusations of causing undue delay, proving efforts to obstruct a criminal investigation
Rule 614. Calling and Interrogation of Witnesses by Court
Court can call witnesses, which can be cross-examined by either party. The court can also question witnesses from any party. Either party can object to the court's witnesses when called or when the jury is next absent.
Rule 404(b) Other crimes, wrongs, or acts
Not admissible to show character, but is admissible for other purposes:
Mistake, absense of
Common plan, or scheme
Rule 609. Impeachment by Evidence of Conviction of Crime (b)
Crimes older than ten years not admissible unless, supported by the facts and circumstances, court decides probative value SUBSTANTIALLY outweighs the prejudicial value. Opposing party must be notified and given opportunity to contest.
Rule 609. Impeachment by Evidence of Conviction of Crime (a)
Evidence of felonies shall be admitted subject to 403 if the probative value outweighs the prejudicial value. All crimes that required proof of dishonesty on the part of the witness will be admitted, regardless of punishment and 403.
Rule 608. Evidence of Character and Conduct of Witness (b)
Specific instances of conduct regarding truthfulness can't be proved by extrinsic evidence, but with court permission they can be inquired into on cross regarding his or another witness's character for truthfulness or untruthful conduct.
Rule 407. Subsequent Remedial Measures
Can't be offered to prove liability, need for a warning, or the existence of a defect, but can be offered to show, IF DENIED: ownership, control, possibility of a such measures; OR to impeach a witness.
Rule 608. Evidence of Character and Conduct of Witness (a)
Credibility can be attacked by offering opinion or reputation for truthfulness or untruthfulness. Evidence for truthfulness can only be offered after character has been attacked.