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Evidence (Witness (Competency (Observe, Recollect, Communicate, Truth…

- - - - Based on witness's perceptions
      - Helpful for clear understanding of fact at issue
      - Not based on scientific, technical, or other specialized knowledge
    - - Subject Matter
        
        Scientific
        
        Technical
        
        Other
      - Witness must qualify
      - Backed w/ reasonable certainty
      - Supported w/ factual basis
  - - - Felonies (not involving dishonesty)
        
        admissible, no discretion for court
        
        time limit
      - non-felonies
        
        admissible, no discretion
    - - No extrinsic evidence
      - Reputation
        
        Impeachment
- - - - Privilege
      - Refusing to Testify
      - Lack of Memory
      - Death of illness
      - Absent beyond reach of subpoena
      - Can admit:
        
        Former Testimony
        
        Statements Against Interest
        
        Dying Declarations
        
        Statement of personal or family history
        
        Statement offered against party procuring declarant's unavailability
- - - - Official publications
      - Instruments
      - Label, tag, trademark
      - Certified public documents
      - Notarized
      - Newspapers
      - Sealed documents (govt certified)
- - - - Testimony
      - Communication
- - - - public policy against admission
    - - Liability Insurance
      - Prior Similar Event
      - Subsequent Remedial Measures
        
        Can be admissible to prove ownership/control
      - Settlement Offers
      - Withdrawn Guilty Pleas
      - Character Evidence
        
        Criminal
        
        Direct
        
        Prosecution cannot initiate
        
        Cross
        
        Party: D can introduce evidence of their good character
        
        Party or Witness: Impeachment
        
        Civil
        
        Direct
        
        Generally Inadmissible
        
        Only when character directly at issue child custody, defamation
        
        Cross
        
        Party or Witness: Only for Impeachment
    - - Court balances