1.

The self-serving nature of the testimony affects its credibility not admissibility
2. EXRINSIC EVIDENCE ATTACKING THE WITNESS’S CHARACTER FOR TRUTHFULLNES IS NOT
PERMITED
3. Once a witness has been impeached based on his character for untruthfulness , he may be
rehabilitated in the form of extrinsic evidence, including calling another character witness to
testify regarding the impeached witness character for truthfulness, in the form of opinion and
reputation evidence. Impeachment and rehabilitation of a witness’s character for truthfulness
is never considered a collateral matter.
4. When a defendant seeks to establish his good character, proof is only admissible by reputation
evidence or opinion evidence, not by specific acts unless character is the ultimate issue in the
case .
5. The correct standard for authentication under FRE IS whether there is “sufficient evidence to
support a finding” that the evidence is what the proponent claims to be.
6. Statements made during settlement negotiations in a private civil action are inadmissible in a
subsequent criminal case that arises out of the same incident that was the subject of the civil
case.
7. After a lay witness has authenticated the handwriting , FRE allows for an expert witness or a trier
of fact – JURY to compare the authenticated specimen with another sample and determine the
genuineness of the latter.
8. Under Federal Rule of Evidence, state law governs privilege regarding a claim or defense for
which state law supplies the rule of decision, A fed court sitting in diversity should look to the
hosts state choice of law rule when deciding which state’s privilege law applies.
9. FRE do not apply to following.

(1) the court’s determination on a preliminary question of fact governing admissibility.

(2) grand-jury proceedings; and
(3) miscellaneous proceedings such as: issuing an arrest warrant, criminal summons, or search
warrant; a preliminary examination in a criminal case; sentencing; granting or revoking probation or
supervised release; and considering whether to release on bail or otherwise.

10. Under FRE the court may not allow an entire learned treatise to be examined by a jury. Jury may
only consider the passages read to it by counsel or witness.
11. Example: A presumption arises that a person is dead when a party establishes that the person
has been missing and not heard from for more than seven years.
 Example: A presumption arises that a letter has been received by the intended recipient when
the sender places a properly addressed, stamped envelope into an outgoing mailbox.

Do not forget that recipient can rebut this presumption easily and after that it is up to jury/ fact finder to
to determine.
12. BEST EVIDENCE RULE applies only to writings, recordings, and photographs.