EVIDENCE RULES

SPECIFIC INSTANCES OF Evidence of a specific past act is not admissible to prove a person’s character in
PAST CONDUCT order to show that he acted in accordance with that character on a specific occasion.

RULE OF COMPLETENESS When a party introduces part of a writing or recorded statement, other party may
compel that an omitted part of the writing or statement be included if the omitted
part clarifies or explains the admitted part.

STATEMENTS MADE Statements made during plea negotiations with prosecutor that don’t result in guilty
DURING PLEA DISCUSSIONS plea are not admissible against deft in later civil or criminal proceeding, unless
defendant agreed to waive this protection.

PAST RECOLLECTION A written memo or record may be read into the record by the witness if she wrote it
RECORDED EXCEPTION when she had fresh knowledge of the events, it accurately reflects the events, and
witness’s recollection is insufficient to enable her to testify fully and accurately.

CONFIDENTIAL MARITAL A communication made between spouses while married is privileged if the
COMMUNICATIONS communication was meant to be confidential, i.e., made while in bed. The privilege
PRIVILEGE applies in civil and criminal cases, and can be asserted by either spouse.

ORIGINIAL DOCUMENT Requires the production of a recording or video when its contents are at issue.
RULE

NOT HEARSAY IF NOT Pltf is not offering the girlfriend’s statement to establish that the friend did in fact go
OFFERED TO PROVE THE to the movies on the day the defamatory accusations were published. Rather, he is
TRUTH OF THE MATTER offering gf’s statement because it helps him remember the date the accusations
ASSERTED were published. Thus, the statement is likely admissible.

FORMER TESTIMONY Former testimony of an unavailable witness given under oath AND in a hearing or
EXCEPTION TO HEARSAY deposition is admissible if the person against whom it is offered has a similar
opportunity to develop the testimony.

EVIDENCE OF HABIT / Habit evidence is admissible to prove that the person or organization acted in
ROUTINE accordance with a habit or routine on a particular occasion, e.g., habit of stopping at
stop sign can be offered to prove that deft stopped at stop sign on the day of the
accident. Evidence of habit is admissible without corroboration or an eyewitness.

EVIDENCE OF REMIEDIAL Generally not admissible to prove negligence, but is admissible to prove ownership
MEASURES or control of an object that caused the alleged harm.

STATEMENTS AGAINST CO- To be admissible, the co-conspirator’s alleged statement has to have been made
CONSPIRATORS during and in furtherance of the conspiracy.

LAY WITNESS MUST HAVE Lay witness must have personal knowledge of a matter in order to testify about it.
PERSONAL KNOWLEDGE
STATEMENTS AGAINST A statement made by a declarant who is unavailable is not hearsay IF the statement
INTEREST was against the declarant’s interest at the time it was made, and it would not have
been made by a reasonable person unless he believed it to be true.

STATEMENTS OF INTENT, M.I.M.I.C. statements regarding intent, motive, absence of mistake, identity, or plan
MOTIVE, ABSENCE OF can be used to prove conduct was in conformity with the declarant’s state of mind.
MISTAKE, IDENTITY, OR
PLAN

PHYSICAL EVIDENCE Copies of physical evidence can be used to same extent as an original if it is
COPIES authenticated through testimony of witness with personal knowledge that the
evidence accurately depicts what its proponent claims it to be.

ATTORNEY-CLIENT The privilege does not protect communications made to further what the client
PRIVILEGE knew or should’ve known was a crime or fraud. Whether the attorney knew of the
client’s criminal purpose at the time of communication is irrelevant.

MOTION FOR NEW TRIAL – If a juror learns of extraneous, prejudicial info that was not disclosed during trial,
BASIS such evidence supports motion for new trial.

PRIOR INCONSISTENT Witness’s prior inconsistent statement may be used to impeach the witness. But,
STATEMENT extrinsic evidence of the prior inconsistent statement (e.g. a writing) may only be
admitted if witness has opportunity to explain or deny the prior statement and the
opposing party has opportunity to examine witness about it.

EXTRINSIC EVIDENCE NOT If witness denies specific instance of conduct during cross-exam, extrinsic evidence is
ADMISSIBLE TO ATTACK not admissible to disprove witness’s testimony to support or attack her character for
WITNESS CREDIBILITY truthfulness.
DURING CROSS-EXAM

PRIOR INCONSISTENT Can be used to impeach witness’s testimony, and as substantive evidence.
STATEMENTS MADE
UNDER OATH

WRITINGS USED TO If adverse party seeks to introduce the writing used to refresh witness’s memory, it
REFRESH RECOLLECTION will be admitted for purpose of impeaching witness’s credibility only.

ASKING WITNESS ABOUT Though specific instances of past conduct aren’t admissible to attack or support
SPECIFIC INSTANCE OF witness’s credibility, witness can be asked about such instances of past conduct if it’s
PAST CONDUCT probative of his truthfulness or untruthfulness.

NON-TESTIFYING When hearsay stmt of non-testifying declarant is admitted, credibility of the

SETTLEMENT OFFER Settlement offers and acceptance of settlement offers are not admissible to prove a
STATEMENTS – NOT claim, amount of damages, or for impeachment purposes.
ADMISSIBLE
PRIOR STATEMENT OF Admissible as non-hearsay IF the witness has testified as the present trial and been
IDENTIFICATION subject to cross-exam concerning the prior ID.

JUDGMENT OF ACQUITTAL Evidence of acquittal judgment in subsequent legal case to prove that deft didn’t
commit the crime is hearsay and inadmissible b/c it’s an out of court statement of ta
court or jury that is offered for its truth.

PROBABLE CAUSE (FOR Should be based on info obtained from a reliable, known informant or from info
GETTING A WARRANT) from an unknown informant that has been independently verified. A mere “tip” from
unknown informant does not establish PC.

JURY MEMBERS A deft who is indicted by a GJ from which members of a specific race have been
deliberately excluded, has standing to raise EP claims obo those members even if
deft is not a member of that race.

REPLY LETTER DOCTRINE A document may be authenticated by evidence that it was written in reply to
another communication if it is unlikely that it was written by someone other than
recipient of the other communication.

COLLATERAL CORDER Court of appeals has discretion to hear and decide a non-final order of lower court if
DOCTRINE it conclusively determines the disputed question and is separate from merits of the
action.

PROPERTY CLAUSE Gives congress the power including making all needful rules, to dispose of territory
or other property belonging to the US Govt.

PRIOR SWORN Statements made under oath in discovery are admissible as nonhearsay (thus,
STATEMENTS IN SAME exception not needed), and this applies to documents produced in connection with
CASE the statements.

IF FED CASE IS BASED ON SMJ is based upon diversity of citizenship, requiring that plaintiff and
CL defendant are U.S. citizens as well as citizens of different states.

VENUE Venue in a civil action in federal court is proper in judicial district in which any
deft resides.

VOTING BY CITY Restriction on voting in a city election is usu upheld on rational basis standard
NONRESIDENTS

RIGHT TO JURY TRIAL Governed by 7th Am. of U.S. Const. even when it’s a state law claim

VERBAL STATEMENTS Can be authenticated by any person who has heard the voice at any time.

SUPREMACY CLAUSE Any state law that directly conflicts with federal law is void under Supremacy
clause.
TESTIMONY GIVEN UNDER Is considered involuntary and coerced. Involuntary and coerced testimony is
GRANT OF IMMUNITY not admissible for substantive or impeachment purposes as a denial of due
process.
REPLY LETTER DOCTRINE Applies to written response from original recipient.