AMTA Rules of Evidence

Rule 401

Relevance - makes a material fact more or less likely

Ruel 403

Relevance - substantially more prejudicial than probative; waste of time; confusing

Rule 404(a)(1)

Evidence of a character trait is not admissible to show that a person acted in accordance with that trait

Rule 404(a)(2)

Character witness exceptions for defendants = pertinent character trait

404(b)(1)

Evidence of a crime, wrong, or other act is not admissible to prove a person’s character

404(b)(2)

Evidence of a crime is only admissible for other purposes: proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

405

Methods of proving character - (a) by reputation or opinion (b) by specific instances of conduct

602

Need for personal knowledge

608

Witness character for turthfulness/untruthfulness

608(a)

A witnesses’ character for truthfulness/untruthfulness can supported by testimony or opinion ONLY if attacked

701

Lay witness testimony - rationally based perception

702

Expert testimony - 1) knowledge 2) testimony based on sufficient facts and data 3) using a reliable method/principles 4) reliably applied

703

Experts can rely on otherwise inadmissible evidence to form their opinion

705

An expert can testify to an opinion without first testifying to the underlying facts

801

Hearsay - an out of court statement offered for the truth of the matter

801(d)

Non-hearsay: (1) witnesses’ prior statement in court (2) opposing party

803(1)

Exceptions to Hearsay - present sense impression

803(2)

Exceptions to Hearsay - excited utterance

803(3)

Exceptions to Hearsay - then-existing mental, emotional, or physical condition

803(6)

Exceptions to Hearsay - records of regularly conducted business

804(b)(2)

Statement under the belief of imminent death = not hearsay

805

Hearsay within hearsay

1002

Best evidence

902(8)

notarized documents are self-authenticating