AMTA Rules of Evidence

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

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.

Rule 404 A1

Evidence of a person's character of character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

Rule 404 B1

Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.

Rule 404 B2

Evidence of a crime, wrong, or other act may be admissble for proving motive, opportunity, intent, prepartation,plan, knowlegde, identity, absence of mistake, or lack of accident. The prosecution in a criminal case shall provide written notice in Captains Meeting if this is used.

Rule 405 A

When evidence of a person's charcter or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of opinion. On cross-examination, the court may allow inquiry into relevant specific instances of a person's conduct.

Rule 405 B

When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's conduct.

Rule 406

Evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

Rule 602

A witness may not testify to a matter unless evidence is introduced sufficent to support a finding that the witness has personal knowledge of the matter.

Rule 701

A lay witness can testify in the form of an opinion limited to one that is: rationally based on the witness perception, helpful to clearly understand the witness's testimony, and not based on scientific, technical or other specialized knowlegde.

Rule 704

An opinion is not objectionable just because it embraces the ultimate issue.

Rule 801 C

Hearsay consists of an assertion made outside the court room and offered in evidence to prove the truth of the matter asserted.

Rule 801 D

Hearsay does not include the declarant's prior statements or an opposing party's statements.

Rule 803 A1

Exceptions to hearsay: present sense impressions: a statement describing/explaining an event or condition, made while/immediately after the declarant percieved it.

Rule 106

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part or any other writing or recorded statement that in fairness ought

to be considered at the same time. This rule does

not reference any material not provided in the case packet.

Rule 402

Relevant evidence is admissible unless any of the following provides otherwise:

the United States Constitution;these rules; or other rules prescribed in

Midlands. Irrelevant evidence is not admissible.Relevant evidence is limited to the information supplied by or reasonably inferred from the

case materials supplied by AMTA.

Rule 404 2A,B,C

2) Exceptions for a Defendant or Victim in a Criminal Case.The following exceptions apply in a criminal case:

(A) A defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it. In lieu of rebuttal witness availability, a defendant must first notify the court and opposing counsel in writing at the Captains' Meeting of

the intention to offer such evidence...,and the prosecution may also offer such character evidence during its case in chief.

(B)A defendant may offer evidence of an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may: (i) offer evidence to rebut it; and (ii)

offer evidence of the defendant's same trait. In lieu of rebuttal witness availability, a defendant must first notify opposing counsel in writing at the Captains' Meeting of the intention to offer such evidence... the prosecution may also offer such character evidence during its case

in chief.

(C)In a homicide case, the prosecutor may offer evidence of the alleged victim's trait of

peacefulness to rebut evidence that the victim was the first aggressor.

Rule 601

Every person is competent to be a witness unless these rules provide otherwise.

Rule 608 A

A witness's credibility may be attacked or supported by testimony about

the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness's

character for truthfulness has been attacked. Comment: Written notice is required in civil and criminal cases...

Rule 608 B

Except for a criminal conviction under Rule 609, extrinsic evidence is not

admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1)the witness; or (2) another witness whose character the witness being cross-examined has testified about.

Rule 609 A

The following rules apply to attacking a witness's character for truthfulness by evidence of a criminal conviction:(1)

for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence:

(A) must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness is not a defendant; and

(B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant; and

(2) for any crime regardless of the punishment, the evidence must be admitted if the court can determine

that establishing the elements of the crime required proving-or the witness's admitting-a dishonestact or false statement.

Rule 609 B

This subdivision (b) applies if more than 10 years have passed since the witness's conviction or release from confinement for it, whichever is later. Evidence of the

conviction is admissible only if:(1)

its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and (2)

the proponent gives an adverse party reasonable written notice of the intent to use it so that the party

has a fair opportunity to contest its use.

Rule 613 A

When examining a witness about the

witness's prior statement, a party need not show it or disclose its contents to the witness. But the party must, on

request, show it or disclose its contents to an adverse party's attorney.

Rule 801 A

"Statement" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

Rule 802

Hearsay is not admissible! Don't do it! Bad mojo!

Rule 803 A2

Exception to Hearsay: A statement relating to a startling event/condition, made while the declarant was under the stress of excitement that it caused.

Rule 803 A3

Exception to Hearsay: A statement of the declarant's then

existing state of mind (motive/intent/plan) or emotional, sensory, or physical condition (such as mental

feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered

or believed unless it relates to the validity or terms of the declarant's will.

Rule 803 A6

Exception to Hearsay: regularly conducted records of a business/organization activities

shown by the testimony of the custodian or another qualified witness and

neither the source of information nor the method or circumstances of preparation indicate a lack of

trustworthiness.

Rule 803 A21

Exception to Hearsay: A reputation among a person's associates or in the community

concerning the person's character.

Rule 803 A22

Exception to Hearsay: evidence of a final judgment of conviction if: the judgment was entered after a trial or guilty plea, but not a nolo contendere plea; the conviction was for a crime punishable by death or by imprisonment for more than a year;

the evidence is admitted to prove any fact essential to the judgment; and

when offered by the prosecutor in a criminal case for a purpose other than impeachment, the

judgment was against the defendant.

Rule 804 A

A declarant is considered to be unavailable as a witness if the declarant:

(1)is exempted from testifying about the subject matter of the declarant's statement because the court rules that a privilege applies;

(2)refuses to testify about the subject matter despite a court order to do so;

(3)testifies to not remembering the subject matter;

(4)cannot be present or testify at the trial or hearing because of death or a then

-existing infirmity, physical illness, or mental illness;

Rule 804 B3

Not excluded by hearsay if declarant unavailable: A statement that:

(A)a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary

interest or had so great a tendency to invalidate the declarant's claim against someone else or to

expose the declarant to civil or criminal liability; and

(B)is supported by corroborating circumstances t

hat clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability.