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EVIDENCE:, EVIDENCE, Character Evidence, Direct Examination, Party or…
EVIDENCE:
RELEVANCE
FRE 403:
court's discretion to exclude if:
- probative value < unfair prejudice
- confusion
- misleading the jury
- undue delay
- waste of time
- needless evidence
Prior Similar Event:
Exception:
- include causation
- similar accidents
- injuries same event
Policy based exceptions:
Liability insurance = ownership ✔
Subsequent remedial measures (SRM) = negligence ✖
SRM = ownership ✔
Withdrawn guilty pleas ✖
Settlement offers ✖
HEARSAY
HEARSAY EXCEPTIONS
Unavailability:
- Privilege
-Refusing to testify
- Lack of memory
- Death or physical/mental illness
- Absent beyond the reach of the court's subpoena
Require unavailability:
- former testimony
- statements against interest
- dying declarations
- Statement of personal or family history
- statement offered against party procuring D's unavailability
Do not require declarant unavailability:
- present state of mind or physical condition
- excited utterance
- present sense impressions
- business records
- kept in the course of regularly conducted business
- making the record regular practice
- shown by a custodian's testimony or by certification
- Neither the source of information / circumstances > trustworthiness
- past recollection
- may be read into evidence
- may only be received as an exhibit
Analysis:
- State rule - Hearsay is inadmissible without an exception.
- Define hearsay: Hearsay is an out-of-court statement offered to prove the truth of the matter.
- Party? Then, it is admission of a party-opponent.
- Non-party? Analyze both part of the rule: out of court statement and offered for the truth of the matter
- Conclude if hearsay
- Check for double hearsay. Do same analysis for each level of hearsay.
- Exception apply?
- declarant unavailability required?
- declarant unavailability immaterial?
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Character Evidence
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Civil
Generally not admissible.
*Only when character directly at issue: child custody, defamation, etc.
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