evidence

FRE 901(a)

Requires evidence showing the item is what the proponent claims it is.

FRE 901(b)

Lists common methods of authentication such as witness knowledge, distinctive features, chain of custody.

FRE 801(a)-(c)

Defines hearsay: an out-of-court statement offered to prove the truth of the matter asserted.

FRE 801(d)(2)(A)

Statement made by the opposing party, offered against that party (non-hearsay).

FRE 801(d)(2)(D)

Employee/agent statement about a matter within scope and during relationship (non-hearsay).

FRE 801(d)(2)(E)

Coconspirator statement during and in furtherance of conspiracy (non-hearsay).

FRE 801(d)(1)(A)

Prior inconsistent statement under oath at prior proceeding; non-hearsay.

FRE 801(d)(1)(B)

Prior consistent statement offered to rebut charge of fabrication; non-hearsay.

FRE 612

Allows using a writing to refresh a witness’s memory.

FRE 613

Governs examining a witness about prior inconsistent statements.

FRE 803(1)

Present sense impression: describing an event as it occurs or immediately after.

FRE 803(2)

Excited utterance: statement made under stress of excitement from startling event.

FRE 803(3)

Then-existing state of mind or physical condition (intent, emotion, pain).

FRE 803(4)

Statements made for medical diagnosis or treatment.

FRE 803(5)

Recorded recollection: witness once knew but now cannot recall; record considered reliable.

FRE 803(6)

Business records kept in ordinary course of business.

FRE 803(8)

Public records of offices or agencies.

FRE 804(a)

Defines when a declarant is unavailable (privilege, refusal, lack of memory, etc.).

FRE 804(b)

Hearsay exceptions requiring unavailability (former testimony, dying declaration).

FRE 104(b)

Conditional relevance: jury decides if required factual condition exists.

FRE 105

Court gives limiting instruction when evidence is admissible for one purpose but not another.

FRE 401

Relevance test: makes a fact more or less probable and the fact is important to the case.

FRE 403

Excludes relevant evidence if unfair prejudice substantially outweighs probative value.

FRE 404(a)(1)

Ban on using character to prove propensity.

FRE 404(a)(2)(A)

Defendant may offer evidence of own pertinent trait in criminal case.

FRE 404(a)(2)(B)

Defendant may offer evidence of victim’s pertinent trait.

FRE 404(a)(2)(C)

Prosecutor may show homicide victim’s peacefulness to rebut aggression claim.

FRE 404(a)(3)

Character rules for witnesses governed by FRE 607–609.

FRE 404(b)(1)

Ban on using other-acts evidence for propensity.

FRE 404(b)(2)

Allows other-acts evidence for non-propensity purposes such as motive, intent, plan, identity.

FRE 405(a)

Methods of proving character: reputation or opinion; specific acts allowed on cross.

FRE 406

Habit or routine practice admissible to prove conduct.

FRE 407

Subsequent remedial measures not admissible to prove negligence or defect.

FRE 408

Settlement negotiations generally inadmissible to prove liability or amount of claim.

FRE 409

Offers to pay medical expenses not admissible to prove liability.

FRE 410

Certain plea discussions and resulting statements inadmissible against defendant.

FRE 607

Any party may impeach a witness.

FRE 608

Impeaching with character for truthfulness (reputation/opinion; limited specific instances).

FRE 609

Impeachment using prior criminal convictions.