Term
Rule 106.
Remainder of or Related Writings or Recorded Statements |
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Definition
When a writing or recorded statement (or part) is introduced by a party, and adverse party may require introduction of any other part which in fairness should also be considered.
***rule only applies to material in the case packet. |
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Term
Rule 401.
Definition of "Relevant Evidence" |
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Definition
| "Relevant evidence" means any evidence that makes the existence or non-existence of a fact necessary for the resolution of the action more or less probable. |
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Term
Rule 402.
Relevant Evidence Generally Admissible;Irrelevant Evidence Inadmissible |
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Definition
| Relevant evidence is limited to the information supplied by or reasonably inferred from the case materials supplied by AMTA. |
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Term
Rule 403.
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time |
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Definition
| Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, undue delay.... |
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Term
Rule 404.
Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
a. Character Evidence Generally |
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Definition
| Evidence of a person's character or a trait of character is not admmissible for the purpose of proving action in conformity with on a particular occasion. |
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Term
Rule 404.a.2.
Character of Alleged Victim |
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Definition
| Please refer to rule for details. Essentially, if the defendent is to offer evidence against the alleged victim and they are not available to rebuttal, the captain must be notified of such at the captain's meeting. |
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Term
Rule 404.b
Other Crimes, Wrongs, or Acts |
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Definition
| Evidence of other crimes, wrongs, or acts is not admissible to prove character of a person in order to show action in conformity therewith. I may be admissible for purposes such as proof of motive, opportunity, intent, preperation, plan, knowledge, identity, or absence of mistake or accident. |
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Term
Rule 405. Methods of Proving Character
a. Reputation or opinion |
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Definition
| In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or testimony in the form of opinion. |
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Term
Rule 405.b.
Specific instances of conduct |
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Definition
| In cases in which character or a trait of character of a person is an essential element of charge, claim, or defense, proof may also be made of specific instances of that person's conduct. |
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Term
| Rule 407. Subsequent Remedial Measures |
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Definition
| When after injury...measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence... |
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Term
| Rule 501. Privileges recognized |
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Definition
| Only privileges granted by a statute of the state of Midleands, or by Midlands Case Law shall be recognized. |
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Term
Rule 602.
Lack of Personal Knowledge |
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Definition
| A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. |
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Term
Rule 608.
Evidence of Character and Conduct of Witness |
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Definition
| The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation but subject to limitations.1)may refer only to truthfulness. 2)evidence of truthful character admissible only after it has been attacked by opinion. |
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Term
608.Evidence of Character and Conduct of Witness
b. Specific instances of conduct |
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Definition
| Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' credibility, other than conviction of crime as provided in rule 609 may not be proved by extrinsic evidence.May by the discretion of the court be used if probative of truthfulness or untruthfulness and inquired in the cross examination.... |
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Term
| Rule 609. Impeachement by Evidence of Conviction of Crime |
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Definition
| 1. evidence that a witness other than an accused has been convicted of a crime shall be admited, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted. Must be more probative than prejudicial. |
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Term
| Rule 609. Impeachment by Evidence of Conviction of Crime |
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Definition
| 2. evidence that any witness has been convicted of a crime shall be admitted if it involved dishonety or false statement, regardless of the punishment |
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Term
| Rule 609. Impeachement by Evidence of Conviction of Crime |
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Definition
b. Time Limit.
Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from confinement imposed for that conviction, whichever is the alter date, unless the court determines, in the interests of justice. |
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Term
| Rule 609. Impeachment by Evidence of Conviction of Crime |
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Definition
d. Juvenile adjudications.
Evidence of juvenile adjudications is generally not admissible under this rule. |
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Term
| 611. Mode and Order of Interrogation and Presentation |
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Definition
b. Scope of cross-examination.
Cross examination other than the initial cross examination should be limited to the subject matter of the direct examination immediately preceding it and matters affecting the credibility of the witness. |
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Term
| Rule 611. Mode and Order of Interrogation and Presentation |
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Definition
c. leading questions.
Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. |
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Term
| Rule 612. Writing used to refresh Memory |
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Definition
| A witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony. |
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Term
| Rule 613. Prior Statements of Witnesses |
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Definition
| a. Examining witness concerning prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shal be shown or disclosed to opposing counsel. |
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Term
| Rule 613. Prior Statements of Witnesses |
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Definition
b. Extrinsic evidence of prior inconsistent statement of witness.
Extrinsic evidence of a prior inconsistent statment by a witness is not admissible unless the witness has a chance to deny and the opposite party can interrogate. |
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Term
| Rule 615. Exclusion of Witnesses |
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Definition
| At the request of a party the court shall order witnesses constructively excluded so that they cannot hear the testimony of other witnesses and it may make the order on its own motion. |
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Term
| Rule 701. Opinion Testimony by Lay Witnesses |
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Definition
| If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are a. rationally based on the perception of teh witness, b. helpful to a clear understanding of the witness' testimony or the determination of a fact in issue and c. not based on scientific, technical or specialized knowledge. |
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Term
| Rule 702. Testimony by Experts |
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Definition
| If scientific, technical or specialized knowledge will assist the trier of fact ot understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of opinion if 1.the testimony is based upon facts 2. the testimony is the product of reliable principles 3. the witness has applied the principles and methods to the facts. |
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