Evidence
What type of evidence is trying to be admitted?
Documents
Testimony
Real evidence
Is the evidence relevant?
Is the evidence hearsay?
Is the probative value of the evidence substantially outweighed by the risk of .....
Is the evidence relevant?
FRE 402: all relevant evidence is admissible UNLESS constitution, FRE, SCOTUS rules, federal statute says otherwise.
FRE 401: evidence is relevant when: it has 1) probative value, 2) about a fact of consequence
probative value=evidence has any tendency to make a fact of consequence more or less probable than it would be without the evidence
fact of consequence=material to the case
Yes
No
Evidence is inadmissible
Is the evidence legally relevant?
FRE 403: a judge may exclude admissible evidence if it's probative value is SUBSTANTIALLY outweighed by the risk of 1) unfair prejudice, 2) confusing issues, 3) misleading the jury, 4) wasting time, 5) needlessly presenting cumulative evidence.
No
Judge may rule to exclude evidence
Yes
Is the evidence a prior act(s) or event?
Yes
No
Is it offered for propensity purposes?
Yes
No
Is it evidence of subsequent remedial measures?
No
Yes
Admissible IF
Is it evidence compromise offers and negotiations?
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No
Is the evidence character evidence?
No
Yes
Admissible if