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Evidence, Witnesses - Coggle Diagram

- - - - Either spouse has privilege to refuse to disclose and prevent spouse from disclosing a confidential communication made between spouses WHILE husband and wife
    - - Spouse may not be called as a witness against their spouse in criminal case and may not be compelled to testify against spouse in any criminal proceeding including those where the spouse is not the def.
- - - - Relevant under F.R.E. 401 BUT must be weighed under 403
        
        Does the probative value substantially outweigh the danger of unfair prejudice, confusion of the issues, misleading the jury, wasting time, undue delay or needless presentation?
        
        Yes
        
        ADMISSABLE
        
        No
        
        NOT ADMISSABLE
    - - NOT ADMISSABLE
- - - - Offered to prove the truth of matter asserted?
        
        Yes
        
        Hearsay
        
        Does an exception apply?
        
        Declarant unavailable? F.R.E 804
        
        Former Testimony
        
        Dying declaration
        
        Statement against interest
        
        Statement of personal or family history
        
        Statement offered against party procuring declarants unavailability
        
        Declarant availability immaterial F.R.E 803
        
        Present state of mind or physical condition
        
        Excited utterance
        
        Present sense impression
        
        Business records
        
        Public records
        
        Past recollection recorded
        
        No
        
        Not hearsay (may be admissible)
        
        Unsure
        
        Being offered to show the effect it had on the listener?
        
        Yes
        
        NOT HEARSAY
        
        No
        
        Is it being offered to show that the listener believed it?
        
        Yes
        
        1 more item...
        
        No
        
        1 more item...
    - - Not hersay
- - - - Is item self authenticating under F.R.E.902
        
        No
        
        Does proponent contend the item is the ACTUAL item at issue in the case?
        
        Yes
        
        Sufficient evidence for judge to believe that jury would find item authentic?
        
        No
        
        1 more item...
        
        Yes
        
        1 more item...
        
        No
        
        Is item offered as demonstrative evidence and authenticated by a witness who demonstrates familiarity with evidence and testifies to its fairness and accurateness
        
        Yes
        
        1 more item...
        
        No
        
        1 more item...
        
        Yes
        
        Item authenticated
    - - Authentication does not apply.
- - - - Technical knowledge
      - other specialized knowledge
      - Scientific knowledge
    - - personal knowledge
      - facts made known at trial
      - facts made known outside of court (facts need not be admissbale in court but are of the kind reasonably relied upon by experts in the field