Rules

Question 1

Rule 101 - Scope of Rules

Answer 1

FRE’s only apply in Federal Courts subject to rule 1101

Question 2

Rule 1101(a) - Courts and Judges

Answer 2

FRE’s apply in

• district courts
• bankruptcy courts
• us courts of appeal
• fed claims ct.
• tax ct.
• not in US Sup. Ct.
• not in agency hearings

Question 3

Rule 1101(b) - Cases and Proceedings

Answer 3

FRE’s apply in

• civil cases (including bankruptcy)
• criminal cases
• contempt hearings (unless court can act summarily)
• only at trial

Question 4

Rule 1101(c) - Privilege

Answer 4

Rules of privilege apply at all stages of trial

Question 5

Rule 1101(d) - FRE’s not applicable

Answer 5

1. prelim questions of fact
2. grand-jury
3. misc
   - - extradition
   - - issue arrest warrant
   - - prelim exam (crim)
   - -sentencing
   - -probation decisions
   - -bail considerations

Question 6

601 - Competency

Answer 6

Every witness is competent to be a witness unless the rules provide otherwise.
In civil cases state law governs competency on issues state supplies the law
requirements
1. appreciate must tell truth
2. minimally capable of observation
3. capable of recollection
4. capable of communicating events.

Question 7

602 - Personal Knowledge

Answer 7

A witness can testify if evidence supports they have personal knowledge. Can be established by witness own testimony. Exception for 703 (experts)

Question 8

603 - Oath and Affirmation

Answer 8

witness required to give oat and affirmation to tell truth. Form only requires to impress duty to witness. Sometime young and and other may not testify.

Question 9

604 - Interpreter

Answer 9

Must be qualified and make an oath or affirmation

Question 10

605 - Judge Witness

Answer 10

The presiding judge may not testify. No need to object.

offering facts, their experiments etc.

Question 11

606 - Jurors

Answer 11

A juror may not testify before fellow jurors.
Judge must give opportunity to object outside of jury’s presence.
(typically juror disqualification)

Question 12

609(a)(2)

Answer 12

Evidence of conviction must be admitted if elements of crime require proving witness’s dishonest act. (fraud etc.)

Question 13

609(b) 10 Year Rule

Answer 13

10+ years passed since conviction/release from confinement. conviction admissible if:

1. probative value substantially outweighs prejudicial value, and
2. proponent gives adverse party written notice and fair opportunity to contest.

Question 14

609(c) - Pardon, Annulment, Rehabilitation

Answer 14

not admissible if:

1. subject to Pardon etc. and person has not been convicted of later felony
2. pardon/annulment based on finding of innocence

Question 15

609(d) - Juvenile Adjudications

Answer 15

Allowed only if: used in a criminal case; witness is not defendant; adults conviction attacks credibility, necessary to fairly determine guilt.

Question 16

609(e) - Appeal of conviction

Answer 16

Pendency of an appeal does not affect the admissibility of a conviction allowed under 609

Question 17

106 - Remainder of Related Writing etc.

Answer 17

If party introduces part of writing/recorded statement, adverse party may require introduction, AT THAT TIME, other parts that fairness ought to consider.

Question 18

404 - Character Evidence Crimes or Other Acts

Answer 18

Evidence of a persons character inadmissible to prive they acted in accordance with character.
Unless admissible under
- 607 - impeachment
- 608 - character for truthfulness
- 609 - previous crim convictions

Question 19

405 - Methods of Proving Character

Answer 19

on direct, can use witness general statements of character.
On Cross, can make good faith inquiry to specific instances of conduct

only admissible if character is at issue and is element of crime, child custody, entrapment negligent entrustment.

Question 20

607 - Who may Impeach

Answer 20

Any party may impeach a witness

Question 21

608 - Witness Character for Truthfulness

Answer 21

a. witness’s character may be attacked or supported by testimony in the form of an opinion. Evidence to support only allowed after being attacked.

b. EXTRINSIC evidence 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

Question 22

610 - Religious Beliefs/Opinions

Answer 22

evidence of religious beliefs not admissible to attack or support truthfulness. (ok to prove bias, damages, motive)

Question 23

611 - Mode and Order of Examination

Answer 23

.

Question 24

612 - Refreshing Memory

Answer 24

.

Question 25

613 - Witness Prior Statements

Answer 25

.

Question 26

614 - Court Called Witness

Answer 26

Court may call witness on its own - both parties can cross. Court may examine any witness Any party can object at time or when jury is gone.

Question 27

615 - Excluding Witnesses

Answer 27

At parties request, court MUST exclude witnesses. Exception: - party - employee representative - persons whose presence is essential - authorized by statute

Question 28

401 - Relevance

Answer 28

evidence that has ANY tenancy to make a FACT OF CONSEQUENCE more of less plausible.

Question 29

402 - Irrelevant

Answer 29

evidence that is not relevant is inadmissible.

Question 30

403 - Prejudice, Confusion, Waste of Time

Answer 30

court MAY exclude ADMISSIBLE evidence if probative<<<

Question 31

407 - Subsequent Remedial Measure

Answer 31

measures taken that would have made earlier injury less likely are inadmissible to prove: - negligence - culpable conduct - defect - need for warning. can be used to impeach (contrary, absolute, personal involvement statements.) if disputed can be used to prove ownership, control, feasibility.

Question 32

408 - Settlement Offers/Negotiation

Answer 32

Evidence of settlement offers and statements/conduct made about CLAIM during settlement negotiation are inadmissible to prove and amount, claim, impeachmentt. Can be use to prove: - bias/prejudice - negating contention of undue delay - if offered in crim case and related to CLAIM made by public office in its regulatory duty.

Question 33

409 - Medical Expense

Answer 33

offers to pay medical expense or bills, made at any time, are not admissible to prove liability. (not applicable to personal property.)

Question 34

411 - Insurance

Answer 34

Evidence of or lack of liability insurance is inadmissible to prove negligence. Can be used to establish bias or ownership. (this does not cover non liability insurance)(jx split on indemnification)

Question 35

410(a) - Criminal Plea Bargain (prohibited)

Answer 35

In crim or civil case following not usable AGAINST defendant. - withdrawn guilty plea - nolo contendre - statement made during Fed Crim Pro 11 - statement made during plea discussions with prosecutor present - -- Subjective test -your thought it was a plea negotiation - --Objective test - reasonable person would have thought the same.

Question 36

410(b) - Criminal Plea Bargain (exceptions)

Answer 36

court may admit statement made during plea discussion if defendant introduces statements made from those discussions and fairness dictates they be admitted together fairness factors - evidence in case - degree of harm to D - was first statement misleading with second ``` OR charges are for perjury and statements were made - under oath - on the record - with counsel present ```