AMTA Rules of Evidence

Rule 104

Preliminary Questions

(Lack of foundation)

Rule 104

(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege. 

(b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later. 

Rule 401

Test for Relevant Evidence

(Relevance)

Rule 401

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and

(b) the fact is of consequence in determining the action

Rule 403

Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

(More prejudicial than probative; cumulative)

Rule 403

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.