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Flashcards in Evidence Deck (18)
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Notice re: business records

The proponent of a business record must, however, give an adverse party reasonable written notice prior to the trial or hearing of the intent to offer the record and must make the record available for inspection so that the party has a fair opportunity to challenge it


Notice self-authenticating records

No notice necessary


Best evidence rule triggers . . .

when contents are at issue (includes photos)


NY Judicial notice

Discretion to the court

- common law, const, public laws = required
- private acts of legislature _ regs of agencies = required when requested + notice to other party


Character balancing tests

MBE - exclude if probative value substantially outweighed by risks of unfair prejudice, confusion, misleading, delay, cumulating evidence

NY - adds "unfair surprise"


Proof of character (criminal D exceptions)

1. Impeachment
2. PBIs for MIMIC
NOT NY --> 3. Prior sexual offenses in sex assault


How to prove character

MBE: opinion or reputation
NY: reputation only


Character Evidence against V in crim case

MBE: D allowed to intro re: pertinent trait of victim

NY: generally D may not offer V character evidence, except:

- rep for violence if D reasonably believed life in risk
- specific acts if D knew at time of incident


Dead man's statute

Civil: party cannot testify as to communications w/ adverse party who is deceased or mentally ill

survivors of a car/plane/vessel accident where adverse party is incompetent due to accident


NY Voucher RUle

Cannot impeach own W, unless:

- contradict for non-collateral purpose other than impeachment
- opposing party statement
- PIS if made under oath/signed writing + material
- Remove the sting
- DP rights of accused



- relate to truthfulness
- immoral/vicious
- Reveal willingness to palce one's own self-interest ahead of society (all criminal acts w/o conviction)

*Underlying facts OK but no extrinsic evidence


NY - Prior convictions for impeachment

Civil --> all admissible subject to court's discretion

Criminal --> All admissible except for traffic violations

- Sandavol hearing required for criminal D. Does prejudice "far outweighs" probative value?


NY Prior conviction (extrinsic evidence)

Not allowed if criminal D admits

Otherwise OK if:
-W denies
- criminal D offers evidence of good character via a W if the conviction negates that train
- Element of the charged offense


Mbe juvenile delinquency as impeachment

The defendant in a criminal case who testifies on his own behalf may not be impeached by a juvenile adjudication to show that the defendant is untruthful


FRE & sentencing hearings

FRE generally don't apply but privileges do


When can you exclude relevant evidence

Relevant evidence can be excluded if its probative value is substantially outweighed by the danger of unfair prejudice


Conviction to impeach against non-criminal D

. If the crime does not involve dishonesty or false statement, the conviction of a witness who is not a criminal defendant will be excluded only if the party objecting to the impeachment shows that its probative value is substantially outweighed by its prejudicial effect


Statements made during settlement negotiations

Statements made during settlement negotiations are inadmissible to prove or disprove the validity or amount of a disputed claim
- but ok for other purposes such as bias