(a)Control by the court; Purposes.  The court should exercise reasonable control over the mode and order of examining Witnesses and presenting evidence as to:

(1)make those procedures effective for determing the truth;

(2) avoid Wasting time, and

(3) protect witnesses from harassment or undue embarrassment

(b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility.  The court may allow inquiry into additional matters as if on direct examination.

(c) Leading Questions.  Leading questions should not be used on direct examination except as necessary to develop the witness's testimony.  Ordinarily the court should allow leading questions:

(1) on cross-examination; and

(2) when the party calls a hostile witness, and adverse party, or a witness identified with an adverse party 

(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact

(b) Kinds of Facts that may be Judicially Noticed.  The court may judicially notice a fact that is not subject to reasonable dispute because it

(1) is generally known within the trial court's territorial jurisdiction, or

(2) can be accurately and readily determined from sources whose accuracy can't reasonably be questioned.

(c)Taking Notice. The court:

(1)may take judicial notice on its own; or

(2) must take judicial notice if a party requests it and the court is supplied with the necessary information

(d)Timing. The court mau take judicial notice at any stage of the proceeding.

(e) Opportunity to be Heard.  On timely request, a party is entitled to be heard on the propriety of taking judicial noticeand the nature of the fact to be noticed.  If the court takes judicial notice before notifying a party, the party, on request is still entitled to be heard.

(f) Instructing the Jury.  In a civil case, the court must instruct the jury to accept the noticed fact as as conclusive.  In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.

In this article:

(a) a "writing" consists of letters, words, numbers, or their equivalent set down in any form.

(b)a "recording" consists of letters, words, numbers, or their equivalent recorded in any manner.

(c)A "photograph" means a photographic image or its equivalent stoed in any form.

(d) an "original" of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it.  For electronically stored information, "original" means any printout-or other output readable by sight - if accurately reflects the information.  An "original" of a photograph includes the negative or a print from it. 

An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:

(a) all the originals are lost or destroyed, and not by the proponent acting in bad faith;

(b) an original can't be obtained by any available judicial process;

(c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleading or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or

(d) the writing, recording, or photograph is not closely related to a controlling issue

Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under rule 1004 and 1005.  But in a jury trial, the jury determines-in accordance with rule 104(b)-any issue about whether:

(a) an asserted writing, recording, or photograph ever existed;

(b) another one produced at the trial or hearing is the original; or

(c) other evidence of content accuarately reflects the content

(a)In General.  To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to suppost a finding that the item is what the proponent claims it is.

The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admited

Rule 401. Test for Relevant Evidence.

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and

(b) the fact is of consequence in determining the action

Revelant evidence is admissible unless any of the following provide otherwise:

• The US Constitution
• a federal statute
• these rules, or
• other rules prescribed by the Supreme Court

Irrelevant evidence is not admissible

(a) character Evidence

(1) Prohibited Uses.  Evidence of a person's character or character trait is not addmissible to prove that on a particular occasion the person acted in accordance with the character trait.

(2) Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case:

(a) a defendant may offer evidence of a defendants pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it

(b) subject to the limitation in rule 412, a defendant may offer evidence of an alleged vitcim's pertinent trait, and if the evidence is admitted the prosecutor may:

(i) offer evidence to rebut it; and

(ii) offer evidence of the defendant's same trait; and

(c) in a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peracefulness to rebut evidence that the victim was the first aggressor.

(3) Exceptions for a witness. Evidence of a witness's character may be admitted under rules 607, 608, and 609

(b) Crimes, Wrongs, or Other Acts

(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.

(2) Permitted Uses; Notice in a Criminal Case.  This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.  On request by a defendant in a criminal case the prosecutor may,

(a) provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial; and

(b) do so before trial - or during trial if the court, for good cause, excuses lack of pretrial notice

(a) By Reputation or Opinion.  When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.  On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.

(b) By Specific Instances of Conduct.  When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's conduct.

(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding incolcing alleged sexual misconduct.

(1) evidence offered to prove that a victim engaged in other sexual behavior, or

(2) evidence offed to prove a victim's sexual predisposition.

(b) Exceptions.

(1) Criminal Cases. The court may admit the following evidence in a criminal case:

(a) evidence of a specific instances of a victim's sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence.

(b) evidence of specific instances of a victim's sexual behavior with respect to the personaccused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and

(c) evidence whose exclusion would violate the defendants constitutional right

(2) Civil Cases. In a civil case, the court may admit evidence offered to prove a victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.  The court may admit evidence of a victim's reputation only if the victim has placed it in controversy.

(c) Procedure to Determination Admissibility.

(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:

(a) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;

(b) do so at least 14 days before trial unless the court, for good cause, sets a different timel

(c) serve the motion on all parties; and

(d) notify the victim or, when appropriate, the victim's guardian or representative.

(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, ad the record of the hearing must be and remained sealed.

(d) Definition of Victim. In this rule "victim" includes alleged victim

Rule 413. Similar crimes in Sexual assualt cases

A) Permitted Uses

Rule 413. Similar Crimes in Sexual Assualt

b) Disclosure to defendant

Rule 413.  Similar Crimes in Sexual Assualt Cases

c) effect on other rules

Rule 413.  Similar Crimes in Sexual Assualt Cases

d) definitions of sexual assualt

in this rule and rule 415, sexual assult means a crime under federal law or under state law (as state is defined in 18 usc 513) involving

1)any contact prohibited by 18 usc chapter 109a

2)contact, without consent, between any part of the defendants body, or an object, and another persons genitals or anus

3)contact, without consent, between the defendants genitals or anus and any part of another person's body

4)deriving sexual pleasure of gratification from inflicting death, bodily injury or physical pain on another person

5) an attemp or conspiracy to engage in conduct described in subparagraphs 1-4

Rule 414.  Similar crimes in Child Molesation cases

a) permitted uses

Rule 414.  Similar crimes in Child Molestation Cases

b)disclosure to defendant

Rule 414.  Similar Cases in Child Molestation Cases

d) definition of child and child molestation

in this rule and rule 415

1)child means a person below the age of 14, and

2) child molestation means a crime under federal law or under state law (as state defined in 18 usc 513) involving

a) any contact prohibited by 18 usc chapter 109a and cimmitted with a child

b) any conduct prohibited by 18 usc chapter 110

c) contact between any part of the defendants body, or an object, and a childs genitals or anus

d) contact between the defendant genitals or anus and any part of a childs body

e) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on a child; or

f) an attempt or conspiracy to engage in conduct described in subparagraphs a-e

Rule 415.  Similar Acts in Civil cases involving sexual assualt or child molestation

a) Permitted Uses

Rule 415.  Similar Acts in Civil Cases Involving Sexual Assualt or Child Molestation

b) Disclosure to the opponent

Rule 415.  Similar Acts in Civil Cases Involving Sexual Assualt or Child Molestation

c) Effect on other rules

When meassures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsquent measures is not admissible to prove

• negligence
• culpable conduct
• a defect in product or its design
• a need for a warning or instruction

but the court may admit this evidence for another purpose, such as impeachment, or if disputed, proving ownership, control, or the feasibility of precautionary measures.

Rule 408.  Compromise offers and negotiations

a) prohibited uses

evidence of the following is not admissible, on behalf of any party, either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction

1. furnishing, promising, or offering, or accepting, promising to accept, or offering to accept, a valuable consideration in compromising or attempting to compromise the claim; and
2. conduct or a statement made during compromise negotiations about the claim, except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority

Rule 408.  Compromise offers and negotiations

b) exceptions

Rule 606.  Juror's competency as a Witness.

a) At the trial

Rule 606.  Juror's Competency as a Witness.

b) during an inquiry into the Validity of a verdict or indictment

1) Prohibited testimony or Other Evidence

during an inquiry into the validity of a verdict or indictment, a juror may not testify about any statement made or incident that occurred duting the jury's deliberation; the effect of anything on that juror's or another juror vote; or any juror's mental processes concerning the verdict or indictment.  The court may not receive a juror's affidavit or evidence of a juror's statement on these matters.

2)Exceptions. a juror may testify about whether:

a) extraneous prejudicial information was improperly brought to the jury's attention

b)an outside influence was improperly brought to bear on any juror; or

c) a mistake was made in entering the verdict on the verdict form

Hearsay is not admissible unless any of the following provides otherwise

• a federal statute
• these rules
• other rules prescribed by the supreme court

(A) statement. Statement means a persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion

(B) Declarant.  Declarant means the person who made the statement.

(C) Hearsay.  Hearsay means a statement that:

1) the declarant does not make while testifying at the current trial or hearing

2) a party offers in evidence to prove the truth of the matter assertedin the statement

d) statements that are not hearsay.  A statement that meets the following conditions is not hearsay

1) a declarant witness's prior statement.  The declarant testifies and is subject to cross examination about a prior statement, and the statement:

a) is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition

b) is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying

c)identifies a person as someone the declarant perceived eralier

(D) statements that are not hearsay.  A statement that meets the following conditions is not hearsay

2) an opposing party's statement.  The Statement is offered against an opposing party and:

a) was made by the party in an individual or representative capacity

b) is one the party manifiested that if adopted or believed to be true

c) was made by a person whom the party authorized to make a statement on the subject

d) was made by the partys agent or employee on a mtter within the scope of the relationship and while it existed; or

e) was made by the partys coconspirator during and in furtherance of the conspiracy

the statement must be considered but does not by itself establish the declarant's authority under c; the existence or scope of the relationship under d; or the existence of the conspiracry or particpation in it under e.

a statement that:

a) is made for, and is reasonably pertinent to, medical diagnosis or treatment; and

b) describes medical history; past or present symptons or sensations; their inception; or their general cause

A record that:

A) is on a matter the witness once knew about but now can't recall well enough to testify fully and accurately;

B) was made or adopted by the witness when the matter was fresh in the witness's memory; and

C) accurately reflects the witness's knowledge

if admitted, the record may be readinto evidence by may be received as an exhibit only if offered by an adverse party

a record of an act event condition opinion, or diagnosis if:

A) the record was made at or near the time by, or from information transmitted by, someone with knowledge

B)the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whther or not for profit

c) making the record was a regular practive of that activity

D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and

E) neither the source of information not the method or circumstances of perparation indicate a lack of trustworthiness

Evidence that a matter is not included in a record described in paragraph 6 if:

a) the evidence is admitted to prove that the matter did not occur or exist

b) a record was regularly kept for a matter of that kind; and

c) neither the possible source of the information nor other circumstances indicate a lack of trustworthiness

a record or statement of a public office if:

a) it sets out

i) the office's activities

ii) a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law enforcement personnel; or

iii) in a civil case or against the govt. in a criminal case, factual findings from a legally authorized investigation; and

b) neither the source of information nor other circumstances indicate a lack of trustworthyness

Testimony or a certification under rule 902, that a diligent search failed to disclose a public record or statement if the testimony or certification is admitted to prove that:

a) the record or statement does not exist; or

b) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind

 a statement of fact contained in a certificate:

A) made by a person who is authorized by a religious organization or by law to perform the act certified

b) attesting that the person performed a marriage or similar ceremony or administered a sacrament;

c) purporting to have been issued at the time of the act or within a reasonable time after it

the record of a document that purports to establish or affect an interest in property:

A) the record is admitted to prove the content of the original recorded document, along with its signing and its delivery by each person who purports to have signed it

B) the record is kept in a public office

C) a statute authorizes recording documents of that kind in that office.

a statement contained in a treatise, periodical, or panphlet if

a) the statement is called to that attetion of an expert witness on cross examination or relied on by the expert on direct examination; and

b) the publication is estabilished as a reliable authority by the expert's admission or testimony, by another expert's testimony, or by judicial notice

Evidence of a final judgment of conviction if

a) the judgment was entered after a trial or guilty plea, but not a nolo contendere plea

b) the conviction was for a crime punishable by death or by imprisonment for more than a year

c) the evidence is admitted to prove any fact essential to the judgment

d) when offered by the prosecutor in a criminal case for a purpose other than impeachment, the judgment was against the defendant

Rule 804 Exceptions to the Rule against Hearsay- When Declarant is unavailable as a witness

a) criteria for being unavailable

a declarant is considered to be unavailable as a witness if the declarant

1) is exempted from testifying about the subject matter of the declarant's statement because the court rules that a privilege applies

2) refuses to testify about the subject matter despite a court order to do so

3) testifies to not remembering the subject matter

4) cant be present or testify at the trial or hearing because of death or a then existing infirmity, physical illness, or mental illness; or

5) is absent from the trial or hearing and the statement's proponent has not been able by process or other reasonable means to procure:

a) the declarants attendance in the case of a hearsay exception under rule 804b1 or 6; or

b) the declarants attendance or testimony in the case of a hearsay exception under rule 804b2,3, or 4

the following are not excluded by the rule against hearsay if the declarant is unavailable as a witness

1)former testimony: testimony that

a) was given as a witness at trial, hearing or lawful deposition, whether given during the current proceeding or a different one; and 

b) is now offered against a party who had, or in a civil case, whose predecessor is interest has, an opportunity and similar motive to develop it by direct, cross, or redirect

a statement that:

a) a reaonable person in the declarants position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability; or

b) is supported by corroborating circumstances that clearly indicate its trustworthyness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability

a statement about:

a) the declarant's own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood or marriage, or similar facts of personal family history, even though the declarant had no way of acquiring personal knowledge about the fact; or

b) another person concerning any of these facts, as well as death, if the declarant was related to the person by blood, adoption, or marriage or was so intimately associated with the person's family that the declarant's information is likely to be accurate.

under the following circumstances, a hearsay statement is not excluded by the rule against heasay even if the statement is not specifically covered by a hearsay exception in rule 803 and 804:

1) the statement has equivalent circumstantial guarantees of trustworthiness

2) it is offered as evidence of a material fact

3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; and

4) admitting it will best serve the purpose of these rules and the interest of justice

Except for a criminal conviction under rule 609, extrinsic evidence is not admissible to prove specific instances of a witness's conduct in order to attacl or support the witness's character for truthfulness.  But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:

1) the witness; or

2) another witness whose character the witness being cross-examined has testified about

the following rules apply to attacking a witness's character for truthfulness by evidence of criminal conviction:

1)for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence

a) must be admitted, subject to rule 403, in a civil case or in a criminal case in which the witness is not a defendant; and

b) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs ist prejudicial effect to the defendant

2) for any crime regardlesss of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crim required proving, or the witness's admitting, a dishonest act or false statement

this subdivision (b) applies if more than 10 years have passed since the witness's conviction or release from confinement for it whichever is later.  Evidence of the conviction is admissible only if:

1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and

2) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.

evidence of the conviction is not admissible if:

1) the conviction has been the subject of a pardon, annulment, certification of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year; or

2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence

evidence of a juvenile adjudication is admissible under this rule only if

1) it is offered in a criminal case

2) the adjudication was of a witness other than the defendant

3) an adult's conviction for that offense would be admissible to attack the adults credibility; and

4) admitting the evidence is necessary to fairly determine guilt or innocence

if a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is

a) rationally based on the witness's perception

b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and 

c) not based on scientific, technical, or other specialized knowledge within the scope of rule 702

a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

a) the experts scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue

b) the testimony is based on sufficient facts or data

c) the testimony is the product of reliable principles and methods

d) the expert has reliably applied the principles and methods to the facts of the case

in general: not automatically objectionable. an opinion is not objectionable just because it embraces an ultimate issue

Exceptions.  In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not havea mental state or condition that constitutes an element of the crime charged or of a defense.  Those matters are for the trier of fact alone.

the court must inform the expert of the expert's duties.  The court may do so in writing and have a copy files with the clerk or may do so orally at a conference in which the parties have an opportunity to participate. the expert:

1. must advise the parties of any findings the expert makes
2. may be deposed by any party
3. may be called to testify by the court or any party; and
4. may be cross-examined by any party, including the party that called the expert

the expert is entitled to a reasonable compensation, as set by the court.  The compensation is payable as follows

1) in a criminal case or in a civil case involving just compensation under the fifth amendment, from any funds that are provided by law; and

2) in any other civil case, by the parties in the proportion and at the time that the court directs, and the compensations is then charged like other costs.

the common law, as interpreted by US courts in the light of reason and experience, governs a claim of privilege unless any of the following provides otherwise

• the constitution
• federal statute
• rules prescribed by the supreme court

in civil cases, stat law governs privilege regarding a claim or defense for which state law supplies the rule of decision

when the disclosure is made in a Federal proceeding or to a federal office or agency and waives the attorney client privilege or work product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if:

1. the waiver is intentional
2. the disclosed and undisclosed communications or information concern the same subject matter
3. they ought in fairness to be considered together

when made in a federal proceeding or to a federal office or agency, the disclosure does not operate as a waiver in a federal or state proceeding if:

1. the disclosure is inadvertent
2. the holder of the privilege or protection took reasonable steps to prevent disclosure
3. the holder promptly took reasonable steps to rectify the error including (if applicable) following federal rule of civ pro 26b5b

Rule 502. Attorney client privilege and work product; limitations of waiver. c) disclosure made in a state proceeding

when the disclosure is made in a state proceeding and is not the subject of a state court order concerning waiver, the disclosure does not operate as a waiver in the federal proceeding if the disclosure:

1) would not be a waiver under this rule if it had been made in a federal proceeding

2) is not a waiver under the law of the state where the disclosure occurred

Rule 502. Attorney client privilege and work product; limitations of waiver. g) definitions

in this rule

1. attorney client privilege means that protection that applicable law provides for confidential attorney client communications; and
2. work product protection means the protection that applicable law provides for tangible material ( or its intangible equivalent) prepared in anticipation of litigation or for trial

For a telephone conversatio; evidence that a call was made to the number assigned at the time to;

(a) a particular person, if circumstances, including self identification, show that the person answering was the one called; or

(b) a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone

Evidence that:

(a) a document was recorded or filed in a public office as authorized by law, or

(b) a purported public record or statement is from the office where items of this kind are kept.

For a document or data compilation, evidence that if:

(a) is in a condition that creates no suspicion about its authenticity;

(b) was in a place where, if authentic, it would likely be; and

(c) is at least 20 years old when offered.

A document that bears:

(a) a seal purporting to be that of the US; any state, district, commonwealth or territory, or insular possession of the US; the former Panama Canal Zone; the trust territory of the Pacific Islands; a political subdivision of any of these entiteies; or a department, agency, or officer of any entity named above; and

(b) a signature purporting to be an execution or attestation.

A document that bears no seal if:

(a) it bears the signature of an officer or employee of an entity named in rule 902(1)(A); and

(b) another public officer who has a seal and offical duties with that same entity certifies under seal-or its equivalent-that the signer has the official capacity and that the signature is genuine.

A document that purports to be signed or attested by a person who is authorized by a foreign country's law to do so.  The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester - or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or atestation.  The certification may be made by a secretary of a US embassy or legislation; by a consul general, vice consul, or consular agent of the US; or by diplomatic or consular official of the foreign country assigned or accredited to the US.  If all parties have been given a reasonable opportunity to investigate the documents authenticityand accuracy the court may for good cause either:

(a) order that it be treated as presumptively authentic without final certification

(b)allow it to be evidence by an attested summary with or without final certification.

A copy of an offical record - or a copy of a document that was recorded or filed in a public office as authorized by law - if the copy is certified as correct by

(a) the custodian or another person authorized to make the certification; or

(b) a certificate that complies with Rule 902(1), (2) or (3), a federal statute, or a rule prescribed by the Supreme Court