Evidence
Relevant evidence is admissible
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Relevant evidence MAY be excluded if its probative value is substantially outweighed by the danger of unfair prejudice
Hearsay Evidence is presumptively excluded
Not Hearsay - statement by party offered against party
Not Hearsay: Prior inconsistent statement made under penalty of perjury
Not Hearsay: Prior consistent statement offered to rebut allegations of recent fabrication or to rehabilitate impeached witness
Hearsay Exceptions are admissible
Unavailable witnesses
Availability of witness irrelevant
Former testimony with opporunity for cross exam by party in this matter
statements against interest
Dying declarations
statements of personal/family history (birth, marriate, ,divorce, death relationship) by party with personal knowledge
statements offered against party procuring declarant's unavailability
excited utterances
Present Sense impression (sportscaster)
Present state of mind
Declarations of physical condition made for purpose of medical diagnosis or treatment
Businss Records
Recorded recollection
Official records
Ancient documents (<1998)
Documets affecting property interests
Learned treatises
Reputation
Family records
Market reports
Exception: In criminal cases the use of hearsay evidence is inadmissible, as a violation of the confrontation clause if
accused had no opportunity to cross examine prior to trial
statement was testimonial
Statement is offered against the accused in a criminal case