EVIDENCE OUTLINE
I. Judicial Notice & Relevance
A. Judicial Notice
– “I object on the ground that this matter is not a proper subject of judicial notice for the reason that _____.”
– “I request the court to take notice of the fact that ___ is true as stated in ___ on page ___.”
Ø Judicial notice does not encompass medical texts in tort cases.
Rule 201: Judicial Notice of Adjudicative Facts
(a) Scope of Rule
– This rule only governs judicial notice of adjudicative facts
(b) Kinds of Facts
– A judicially noticed fact must be one not subject to reasonable dispute that is either (1) generally known w/in the territorial jurisdiction of the trial court; or (2) capable of accurate & ready determination by resort to sources whose accuracy cannot be reasonably questioned.
(c) When Discretionary
– A court may take judicial notice, whether requested or not
(d) When mandatory
– A court shall take judicial notice if requested by a party & supplied w/ the necessary information
(e) Opportunity to be Heard
– A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice & the tenor of the matter noticed.
– In the absence of prior notification, the request may be made after judicial notice has been taken
(f) Time of Taking Notice
– Judicial notice may be taken at any stage of the proceeding
(g) Instructing the Jury
– In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed.
– In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed
B. Relevant Evidence
– “I object on the ground that the question calls for an irrelevant answer.”
– Relevant evidence is that which influences the issues, having probative value in proving a fact. If evidence has any tendency to make a material fact more or less probable than it would be w/o the evidence, it is relevant.
Ø It is evidence that tends to render probable a certain inference important in the case.
– Relevancy may depend upon establishing a preliminary fact (laying foundation)
Relevant Evidence Inadmissible As Matter of Public Policyà
– Relevant evidence may be inadmissible as a matter of public policy, regardless of the logical bearing it might have on an issue. Included in this category:
o Settlement offers
o Subsequent repairs
o Subsequent precautions taken to pr
r distract the jury;
3) Cause undue delay;
4) Waste court time;
5) Raise collateral issues; or
6) Involve the presentation of needlessly cumulative evidence
Ø The problem w/ relevancy lies more w/ circumstantial evidence than w/ direct evidence.
Circumstantial Evidenceà
– Evidence which to any reasonable degree establishes the probability or improbability of a fact in controversy. It tends to prove or disprove a fact from which an inference can be drawn concerning an ultimate fact in controversy
Relevant Circumstantial Evidenceà
o Habit
o Custom (provided that parties had notice of the custom)
o Similar acts & occurrences
o Flight
o Concealment
Rule 403: Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence
