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Evidence (witness (competency (observe, recollect, communicate, speak…
Evidence
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relevance
anything having a tendency to make the existence of any fact of consequence to the action more probable than it would be without evidence
court has discretion to exclude relevant evidence if its probative value is substantially outweighed by the:
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consideration of undue delay, waste of time, or needless preparation
not related, but is a prior similar event
exceptions
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similar acts to prove intent, habit, custom
hearsay
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exceptions
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absent beyond the reach of the court's subpoena power adn the proponent of the statement has been unable to procure attendance or testimony
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privileges
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physician, psychotherapist. social worker
spousal
marital communication - either spouse has a privilege to refuse to disclose and prevent other spouse from disclosing confidential communication while married
spousal testimony - spouse may not be called as a witness against the other spouse in criminal case and may not be compelled to testify against them un any criminal proceeding, including those where spouse is not defendant
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