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Evidence (FRE) (Witness (opinion (lay (generally admissible) (based on Ws…

- - - - based on Ws perception; helpful; not based on sci, tech, or specialized knowledge
    - - needed at all? supported by proper factual basis?
        
        subject matter appropriate for EO? sci, tech, or specialized knowledge
        
        W qualifies as EO?
        
        Op supported by proper factual basis?: personal knowledge; facts made known at trial; facts made known outside of ct (those facts need not be admissible in ct and must be of the kind reasonably relied upon by experts in the field)
  - - - atty/client
      - physician/phsychotherapist/social worker and patient
      - spousal
- - - - priv; refusing to testify; lack of memory; death/ill; beyond reach of ct subpoena
      - 5 exceptions require D to be unavailable
        
        statement of personal or family history
        
        statement offered against party procuring Ds unavailability
        
        dying declarations
        
        statements against interst
        
        former testimony
    - - present sense impressions
      - biz records
      - excited utterence
      - public records
      - state of mind/phys condition
      - past recollection recorded
- - - - prior similar event, causation; sim accidents/injuries caused by same event; sim acts admissible to prove intent/habit/industrial custom or routine
      - Policy: liability insurance to prove ownership/control (not negligence or ability to pay); subsequent remedial measures (same, but also admissible to prove destruction of evidence); settlement offers; withdrawn guilty pleas