Evidence

Federal Rule of Civil Procedure 26(a), automatically disclose all documents and tangible evidence on which it intends to rely at trial, dislosure, motion to compel discovery, protective order.

A contract may form the basis of a discovery obligation under the federal rules of civil procedure, interrogatory.

States v. Lourdes Hospital; doctrine of res ipsa loquitor; factfinder; draw an inference of negligence; kind that ordinarily does not occur absent negligence.

Evidence that is relevant only if another fact is proven will be admitted if court concludes that reasonable jury could make the required finding of fact with the evidence before it.

Evidence of flight is admissible to show consciousness of guilt only if sufficient to support inferences from defendant behavior to the defendant flight, to consciousness of guilt of crime charged, to actual guilt. circumstantial evidence.

Court abuses its discretion if it rejects offer to stipulate to prior conviction when prior conviction is element of offense charged.

Evidence of liability insurance is inadmissible only when evidence is offered to show that the insured acted negligently or wrongfully; direct contempt.

Modus operandi. Evidence of other criminal acts is admissible to show identity of person who committed acts if there is high degree of similarity between the other act and charged crime. Expert witness.

Evidence of similar acts may be admitted if there is sufficient evidence to support finding by jury that defendant committed similar acts. Indirect evidence.

Evidence of other sexual conduct will be admitted only if probative value of evidence outweighs danger of undue prejudice, confusion of issues, misleading jury, undue delay, waste of time, needless presentation of cumulative evidence.

Defendant in civil action may offer evidence of victim's character if central issue in civil action is criminal in nature, but he may not introduce evidence regarding specific acts. Circumstantial evidence.

Before evidence of prior felony convictions may be admitted for impeachment purposes, the court must determine whether probative value of admitting convictions outweighs prejudicial effect to defendant. Impeach; impeachment; suppress evidence.

Party who introduces evidence waives right to seek appellate review of admissibility of that evidence. Direct examination.

Evidence that victim has made prior false allegations of sexual assault is not barred by rape shield law. Recant.

Defendant's right to testify in his or her own defense is not absolute and may be limited to protect other legitimate interests. Res gestae.

Statements made by agent or employee that concern matter within the scope of agency or employment and that are made during the existence of relationship are admissible, even if those statements are not made to third parties.

Hearsay; hearsay exception; prior inconsistent statements; inadmissible confession; past recollection recorded.

The record of witness out of court description of person is admissible. Identikit.

Testimony at prior trial or hearing will be admissible if party with like motive to cross examine the witness as party in the present proceeding would have been given adequate opportunity to cross examine the witness. Jones Act.

Defendant waives right to object on Confrontation Clause grounds to admission of unavailable witness out of court statements if defendant caused potential witness unavailability by wrongful act done with intention of preventing witness testifying.

In order for recording of past recollection to be admissible, the witness whose recollection is refreshed must testify that recording is accurate. Capital offense.

Investigatory reports are not inadmissible solely because they set out conclusion or opinion.

Defendant rights under confrontation clause are satisfied if defendant has once had opportunity to see a witness face to face and subject that witness to cross examination. Confrontation clause.

A hearsay exception is regarded as firmly rooted if, in light of longstanding legislative and judicial experience, the admission of virtually any evidence under that exception comports with substance of Confrontation Clause.

Redacted confession of co-defendant that replaces defendant's name with an obvious indication of deletion is inadmissible. Redaction.

Witness may qualify as expert if witness expertise is derived entirely from experience in a particular area. Expert witness qualifications.

Expert may not offer opinion that witness is telling truth. Credibility.

Expert opinion that is based on scientific principle will be admitted only if scientific principle is sufficiently established so that it has gained general acceptance in its particular field. Daubert; frye test; polygraph.

Polygraph evidence will be admitted for limited purpose of impeaching or corroborating credibility of defendant who testifies.

Trial courts may admit expert testimony if reliability of evidence equals that of other technical evidence held to be admissible and evaluation of other courts allowing admission of evidence is complete and persuasive. Judicial notice; plain error.

Foundation; authentication. Photograph is authenticated for evidentiary purposes if witness with knowledge of facts is able to testify that photograph is correct portrayal of those facts. Foundation.

Evidentiary privileges are justified by an imperative need for confidence and trust in relationship, if that privilege also will serve public ends. Psychotherapist patient privelege.

Attorney client privilege. In order for statement to attorney to be confidential, client must reasonably intend that communication be confidential.

Court should undertake in camera review of evidence to determine if crime fraud exception will bar claim of attorney client privilege only if there is factual showing adequate to support good faith belief that review may reveal evidence of fraud.

Client documents in possession of lawyer are protected by attorney client privilege only if Fifth Amendment privilege would have protected while in client's possession and documents given to lawyer for purpose of obtaining legal advice.

The marital privilege protects the marriage relationship.

There is no testimonial privilege for parent child communications. Motion to quash.

Expert testimony is not necessary in medical malpractice case to show standard of care or deviations from that, if common knowledge of laypersons would enable jury to determine applicable standard of care and whether breach caused injury.

United States v. Whitmore; Rule 608(a); party may introduce reputation or opinion evidence of a witness's character for truthfulness only if character witness is acquainted with witness, his community, and circles in which he has moved.

Davis v. Washington Hammon v. Indiana; admissibility depends on whether testimonial; statements to police are non-testimonial if primary purpose of the interrogation is to enable the police to meet an ongoing emergency.

United States v. Jackson; to prove the contents of a writing or recording, must introduce either the original or an accurate duplicate of the original.

Koch Foods of Alabama, LLC v. General Electric Capital Corp.; totality of the circumstances balancing test determines whether client confidentiality waived.

State v. Jensen; To be a dying declaration, statement must have been made by the declarant while believing death was imminent, and must concern the cause or circumstances of what the declarant believed to be the declarant's impending death.

Holmes v. South Carolina; Rules of evidence in criminal trials may not be arbitrary, must be focused on the central issues in the case, and must be applied to afford the defendant a meaningful opportunity to present a complete defense.

United States v. Hampton; Under Federal Rule of Evidence 1003, a duplicate is admissible to the same extent as the original unless there is a genuine question as to the authenticity of the original.

Fielding v. State; When a court takes judicial notice of a fact in a criminal case, the court must instruct the jury that it may, but is not required to, accept as conclusive any fact so judicially noticed; directed verdict; harmless error; jury instruction.

Brown v. Farwell; A federal court considering a habeas corpus petition may exclude evidence admitted in the state court if the evidence rendered the trial so fundamentally unfair as to violate federal due process; reasonable doubt.

In Re Osterhoudt; Identity of attorney's client and nature of fee agreement are not protected by attorney-client privilege, unless disclosure of the information would implicate the client in the criminal activity for which legal advice was sought.

Turnage v. State; A duplicate document or recording is admissible to the same extent as the original unless a genuine question is raised about the authenticity of the duplicate or it would be unfair to admit.

United States v. Oslund; taped conversations are admissible if the surrounding circumstances as a whole demonstrate reliability.

State v. Guilbert; Testimony by a qualified expert on the fallibility of eyewitness identification is admissible when the testimony would aid the jury in evaluating the state's identification evidence.

Williams v. District of Columbia; motion filed too late; timely filing required; missed deadline.

In re Grand Jury Investigation; confessional; confessor; clergy communicant privilege; confidential relationship; priest; minister; clergyman.

R. v. Perry; dying declaration hearsay exception requires expectation that death is imminent.

United States v. Moore; admission of improper testimony does not always result in reversal of conviction; inadmissible evidence; appeal; corroborating evidence.