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Evidence (TESTIMONY? (Competency (capacity to observe, Capacity to…

- - - - generally INamiisible
      - witness's perception
      - clear understanding of fact at issue
      - not based on expert like knowledge
    - - appropriate?
        
        Scientific
        
        Technical
        
        other
      - qualifies as expert?
      - backed with reasonable certainty?
      - supported by proper factual basis?
        
        personal knowledge
        
        facts made known at trial
        
        AND outside of court
  - - - Motive
      - opportunity
      - intent
      - preparation
      - common scheme or plan
      - knowledge
      - identity
      - absence of mistake or accident
  - - - prior inconsistent statements
      - bias or interest
      - crim. convictions
        
        based on dishonesty
        
        felonies NOT on dishonesty
    - - prior bad acts
      - reputation
- - - - present state of mind/physical condition
      - excited utterance
      - present sense impression
      - business records
      - public records
      - Past recollection recorded
    - - privilege
      - refusal to testify
      - lack of memory
      - death/illness
      - absent beyond reach
      - REQUIRE D to be unavailable
        
        former testimony
        
        statements against interest
        
        dying declarations
        
        statement of personal/fam history
        
        statement offered against party procuring D unavailability
- - - - Unfair prejudice
      - confusion of issues
      - misleading jury
      - undue delay
      - waste of time
  - - - similar acts admissible to prove intent, habit, custom/routine
      - causation
      - siminalr accidents or injuries caused by same event
    - - subsequent remedial meaures
      - Liability insurance
      - settlement offers
      - withdrawn guilty pleas
- - - - Official publications issued by pub auth
      - Instruments
      - Label, tag, trademark affixed in reg. course of busi
      - Certified pub doc
      - Acknowledge docs signed
      - Newspapers : wide circulation
      - Sealed documents