1. preliminary remarks

2. challenges- cause and peremptory

3. jury sworn in

1. when there's a witness on the stand, during questioning and answer

2. during witness affidavit

3. allowing a narrative statement 

relates to fact of consequence 

+

has probative value 

must be:

1. rationally based on the perception of the witness AND

2. helpful to a clear understanding of his testimony or the determination of a fact in issue

may include:

1. knowledge 2. skill 3. experience 4. training OR 5. education

1. whether the theory or technique can be and has been tested

2. whether it has been subjected to peer review and publication

3. the technique's known or potential rate of error

4. the existence and maintenance of standards controlling the techniques operation

5. whether the technique or theory has been generally accepted in the relevant scientific community 

1. if defendant brings in, to rebut

2. non-character purpose (KIPPOMIA)

3. character is in issue

4. victim:

a. hostile demonstration or overt act

b. to show self-defense if there is a history of assaultive behavior AND a familial/intimate relationship

c. to show peacefulness in a homicide case to rebut that victim was first aggressor

5. to impeach the credibility of a witness

RULE: character evidence is not admissible

exceptions...

1. KIPPOMIA

2. res gestae

"clear and convincing" is standard of proof

RULE: evidence of other crimes, wrongs or acts is not admissible

exceptions...

1. there was a hostile demonstration or overt act at that time

2. in self-defense case, if there is a history of assaultive behavior and familial/intimate relationship, prior threats let in

RULE: prior threats are not admissible

exceptions...

1. identify the purpose, other than propensity, for which the evidence of other crimes is directed 

2. prove the other crime was committed by the accused

3. articulate the evidence hypothesis by which the purpose for which the other crimes is being offered may be inferred from the proffered evidence 

knowledge

intent

plan 

preparation

opportunity

motive

identity

absence of mistake/accident

Opinion or 

evidence of specific instances of conduct

(no reputation)

NO reputation

NO opinion

NO specific instances (with 2 exceptions)

extrinsic evidence may always be used to show their 1. bias 2. interest 3. corruption 4. defect of capacity 

other e.e. may also be used when used to attack credibility IF passes the "weight test"

Reputation ONLY 

NO prior bad acts, vices, etc. 

(609 and 609.1 are exceptions)

R: can bring in evidence of crimes for which he was convicted if punishable by death or greater than 6 months OR it involved dishonesty/false statement; no details; 10 year time limit; no juvenile; not if pardoned

R: only convictions; details if 1. he denies 2. he has testified as to facts or circumstances of it or 3. probative value outweighs unfair prejudice; no juvenile adjudications

609 Civil Cases

609.1 Criminal cases 

1. to lay the foundation for a particular evidentiary rule

2. questioning of a child witness or a witness with limited capacity

or 3. to elicit general background information

1. any relevant evidence having a reasonable tendency to disprove the truthfulness or accuracy

2. Bias

3. Contradiction

4. Reputation for untruthfulness

5. Conviction of a crime

(can't ask about unadjudicated prior bad acts)

1. Substantial right of the party is affected AND

2. timely objection OR

3. it was proffered 

1. does not require a drawing of inference 

2. involves a process of reasoning or inference by which a conclusion is drawn 

1. written acknowledgment of the debt can be shown

2. within 1 year, with at least one credible witness (w/o a pecuniary interest in the suit)

-a persons emotion state or appearance

-a person's handwriting

-a person's intoxication

-the speed of vehicles

-the appearance of things (slippery floor)

-that a stain appears to be blood

-that a stain appears to be semen

-smells

-tastes

-a person's height, weight or age

- the length of time an injured person was in cardiac arrest

-the point of impact between 2 vehicles

-the manner of packing marijuana for distribution

-the quantity of a vehicle's broken glass after a murder

-the street value of week

-whether an injury was serious

-blood splatter evidence

-whether a person was under the influence of narcotics

-speed of cars

-but NOT speed of an airplane

1. will call and then question them about qualifications

2. opposing party may either agree to accept or cross/traverse the witness or object

3. judge decides if he is qualified and competent to testify 

1. obtained from personal observations

2. made known to him before the trial

3. perceived by him at the trial

4. anything of a type reasonably relied upon by experts in a particular field in forming opinions or inferences upon the subject 

1. defamation case and defendant has pled truth as a defense

2. allegations of negligent entrustment

3. negligent hiring case

4. child custody cases where the fitness of a parent is at issue

5. crimes of conspriacy involving dishonesty or false statements 

6. embezzlement involving dishonesty or false statement 

1. there is no question to the fact of the subject matter

2. the activity would have been bruited about the neighborhood

3. neither the event nor conduct nor the rumor occurred at a time too remote from the present offense

4. the event or conduct and the rumor concerned the pertinent trait

5. the examination will be conducted in proper form: "have you heard?"

1. by any relevant evidence having a reasonable tendency to disprove the truthfulness or accuracy of his testimony

2. bias, interest, corruption, defect in capacity

3. contradiction or prior inconsistent statement

4. reputation for untruthfulness

5. conviction of a crime

1. make interrogation and presentation effective for the ascertainment of the truth

2. avoid needless consumption of time and

3. protect witneses from harrassment or undue embarrassment 

1. witnesses subjective truthfulness

2. ability to comprehend or communicate the situation

3. accuracy of his perception

4. ability to fully remember 

5. any other fact which will assist in determining whether his testimony is accurate 

1. any relevant evidence having a reasonable tendency to disprove the truthfulness of accuracy of his testimony 607(C)

2. bias, interest, corruption or defect in capactiy 607(D)(1)

3. contradiction or prior inconsistent statement 607(D)(2)

4. reputation for untruthfulness 608

5. conviction of a crime 609 and 609.1