Core Comps Evidence

Relevance

-Any evidence that makes a material fact more or less likely

-Generally only relevant if it relates to the same time/person/event in controversy but if introducing a similar occurrence it need only be substantially similar

Habit Evidence

-Evidence of a person’s habit or an organization’s routine is admissible to prove that the person/organization acted in accordance with the habit/routine on a particular occasion

-The more specific/automatic, the more likely it is to be habit evidence

403 Balancing Test

-Relevant evidence may be excluded if its value is substantially outweighed by danger of unfair prejudice; confusion of the issues; misleading the jury; undue delay; needless presentation of cumulative evidence

Public Policy Evidence Exclusions

-Subsequent remedial measures

-Compromise and offers of compromise: Must have an actual dispute at the time the offer was made

-Payment of medical expenses

-Liability insurance

-In sex offense cases: Victim’s past behavior

-Plea deals

Character Evidence

-Evidence about a person’s behavior/character is generally inadmissible

-In civil cases, character evidence is only allowed when character is directly at issue (reputation/opinion testimony ONLY)

-In criminal cases, the prosecution is NOT permitted to introduce evidence of a defendant’s bad character to prove that they have a propensity to commit crimes

-In criminal cases, the prosecution is PERMITTED to introduce evidence of a victim’s good character to rebut that the victim was the first aggressor

-In criminal cases, the defendant is permitted to introduce evidence of his own good character as being inconsistent with the type of crime charged (must be pertinent) or evidence of the victim’s bad character when relevant to the defense asserted (ALL evidence introduced by defendant MUST be reputation/opinion testimony only)

-If a defendant introduces evidence of his own character or of the victim’s character, the prosecution is free to rebut with specific events

Exceptions to Inadmissible Character Evidence

-MIMIC: Motive, intent, absence of mistake, identity, and common plan

-Habit Evidence

Hearsay

-Out of court statement offered to prove the truth of the matter asserted

-Generally inadmissible unless an exception applies

Hearsay Exemptions

-Prior inconsistent/consistent statement: Statement is either inconsistent or consistent with testimony that was given under oath (declarant MUST testify and be subject to cross)

-Opposing party statement: Statement made/adopted by the opposing party or an agent of the opposing party

What constitutes unavailability for hearsay exceptions

-Exempted on grounds of privilege

-Refuses to testify (pleading the 5th)

-Lack of memory

-Death/illness

-Unable to be located

Hearsay Exceptions that require Unavailability

-Former testimony: Statements made under oath at the same/other proceeding at which the party against whom it is offered had motive and opportunity to develop testimony

-Dying declaration: Statement made while the declarant believed death was imminent, concerning the circumstances of the impending death (only admissible in homicide/civil actions)

-Statement against interest: Statement against the declarant’s pecuniary, proprietary, or penal interest when made and wouldn’t have been made by a reasonable person unless he believed it to be true (if potentially motivated by desire to gain favor with police, then it isn’t trustworthy and doesn’t fall under this rule)

-Statement of personal/family history: Birth, death, marriage, ec

Hearsay Exceptions where Availability is Immaterial

-Present sense impression

-Excited utterance

-Present state of mind

-Statement made for medical treatment/diagnosis

-Past recollection recorded

-Business records

-Learned treatises

-Public records

Present sense impression

-Statement describing/explaining an event/condition made while or immediately after the declarant perceived it

Excited utterance

-Statement made while under the stress or excitement of a startling event, the statement MUST relate to the event

Present state of mind

-Statement of then-existing state of mind (intent, motive, or plan), emotion, sensation, or physical condition

Statement made for medical treatment/diagnosis

-Statement made to medical personnel for the purposes of diagnosis/treatment (can include past or present symptoms)

Past recollection recorded

-Writing made by a witness who can’t now remember the facts, made while facts were fresh in their mind

Business records

-Writing made in the regular course of activity of the business, making the record was a regular practice of that activity, record was made at or near the time by someone with knowledge

Learned treatises

-Statements from authoritative works admitted if called to the attention of an expert witness and established as reliable by that authority

Public records

-Records and reports of public agencies (newspaper, birth, death, marriage, etc)