Alternatives to Evidence o Burden of Proof o Judicial Comment/Summary o Judicial Notice Process of Proof o Mode/Order (611) o Appellate Review Relevance o Rule 401 o Res Gestae o Rule 403 o Rule 105 o Curative Admissibility Foundations for Proof o Rule 601: Competency for all (unless state says soething) o Rule 602: Witness must have personal knowledge by ESSF o Rule 901: Non-witness authentication by ESSF  Chain of Custody  Readily Identifiable Characterisic  Demonstrative/Animations  Fair and Accurate o Rule 902 Self-Authentication Best Evidence Rule o Rule 1001: Definitions of writing/recording/photograph/original/duplicate o Rule 1002: Writing must be original if offered to proe its content o Rule 1003: Duplicates okay, unless genuine issue of authenticity or unfair (incomplete) o Rule 1004: Secondary okay IF:  Good faith and lost  Unattainable through any judicial method  Opponent won’t hand it over  Collateralness o Rule 1005: Copies okay to prove public records if certed under 902(4) or custodian o Rule 1006: Summaries to prove content o Rule 1007: Proponent may prove content of a writing by testimony, deposition, statement of the party against whom evidence is offered. o Rule 1008: Functions of the court (104(a) generally; sometimes 104(b) questions) Judicial Fact Finding o Rule 104(a): Preponderance (ALL evidence; witness credibility; contents of proffered evidence o Rule 104(b): ESSF (Cannot consider witness crdibility; inadmisible evidence)  When to use: NOTICE; BASIS FOR OPINION; SPECIFIC ACTS of 404(b); OWNERSHIP Character o Rule 404(a): No character evidence to prove conduct in accordance with character  Exceptions: Pertinence; and D introduces o Rule 404(b): Evidence of specific act not admissible to prove character to show conduct in conformity  Exceptions:  Motive/Opportunity/Preparation/Plan  State of Mind (doctrine of chances)  Identity (Modus Operandi)  Res Gestae  Conspiracy  Absence of Mistake/doctrine of chances o Rule 405: When character okay, use reputation/opinion; BUT on cross  can use specific instances

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 All evidence to prove essential element o Rule 406: Habit  Factors: Routine. intent test) o Exceptions  Prior Inconsistent Statement  Prior Consistent Statement  Identity  Party Admission Party Admission Adoptive Statement Agency/Principal Statements  Present Sense Impression  Excited Utterance  Then Existing State of mind  Medical Diagnosis  Past Recorded Recollection  Business Records  Public Records Unavailability Exceptions  Unavailability  Privilege  Refusal to testify  Loss of Memory  Illness/Death  Reasonable diligent search  Caused unavailability  Former Testimony  Dying Declaration  Against Interest      o . literal test. etc. Specificity. o Rule 408: No evidence of Compromise Negotiations to prove validity or to impeach by inconsistency o Rule 409: Medical Expenses (or similar expenses) o Rule 411: No evidence of insurance to prove whether person acted negligently/wrongly Impeachment/Rehabilitation o Rule 608: Character Evidence by Reputation/Opinion  Caveat: Bolster only after atack (not bias) on character for truthfulness  Caveat: Specific instances (no extrinsic) inquired on cross-exam o Rule 609: Prior Criminal Convictions o Rule 613: Inconsistent Statements o No problems for: Bias/Mental or Sensory Incapacity/Contradiction (BUT collateralness) Hearsay o Non-Hearsay Uses:  Effect on listener  Legally Operative Facts  Circumstantial evidence of state of mind  Prior inconsistent statements  Identifying characteristic of an object  Performative aspect that dominates assertive aspect o Non-verbal Conduct o An “Assertion” (common-law. Moral Neutrality o Similar Happening: Organizational propensity offered to prove conduct on a specific occasion  Other Relevancy Exclusions o Rule 407: Subsequent remedial measures not admissible to prove negligence.

o   Personal History Forfeiture CONFRONTATION CLAUSE   Lay Opinions Expert Opinions .

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