Rumel
Evidence
Fall 2015
Rules:
1. Impeachment of Jury’s verdict = 606(b)
Upon inquiry into the validity of a verdict… a juror may not testify about any statement made or incident that occurred during the jury’s deliberations; the effect of anything on the juror’s or another juror’s vote; or any juror’s mental processes concerning that verdict
· Exceptions: A juror may testify about whether
o Extraneous prejudicial information was improperly brought to the jury’s attention; OR
o An outside influence was improperly brought to bear on any juror; OR
o A mistake was made in entering the verdict on the verdict from
2. Relevance = 401 & 402
· “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”
o Relevant Evidence is admissible unless provided otherwise by: U.S Const., rules by SC, Federal statute or These rules
· Conditional Relevance 104(b) Huddleston Standard:
When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist—by a preponderance of the evidence
3. Excluding Relevant Evidence = 403
· The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following:
1. Unfair Prejudice, 2. Confusing the Issues, 3. Misleading the Jury, 4. Undue Delay, 5. Wasting Time, 6. Needlessly presenting cumulative evidence
4. Specialized Relevance Rules: Subsequent Remedial Measure—Offers of Settlement & Compromise—Insurance
Subsequent Remedial Measure (407)
· General Rule – When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of subsequent remedial measures are not admissible to prove: negligence, culpable conduct, defect in product or design or a need for warning or instruction
o Exceptions – SRMs may be admitted for other purposes: impeachment or, if disputed, proving ownership or control or feasibility of precautionary measures
Offers of Settlement and Compromise (408)
· General Rule — Evidence of offering or accepting an offer of compromise or settlement to prove liability for, invalidity of, or the amount of a claim that was disputed as to validity or amount or to impeach a prior inconsistent statement is not admissible
o Exceptions – Such evidence is admiss
specific instances]
o 412 = NEEDS EDITED Subject to FRE 412 (the Rape Shield law), defendant may offer evidence of pertinent trait of character of the alleged victim and, if admitted, the prosecutor may either rebut it or offer evidence of defendant’s same trait
o 413 – Evidence of other sexual assaults in sexual assault cases
o 414 – Evidence of other acts of child molestation in child molestation case
o 415 – Evidence other acts of sexual assault in civil cases involving sexual assault or child molestation
§ Huddleston conditional admissibility rules apply
§ 403 balancing test applies
· Witness exception: Evidence of a witness’s character may be admitted under 607, 608, 609
o 607—Who May Impeach a Witness: Any party, including the party that called the witness, may attack the witness’s credibility
o 608(a)&(b)—A Witness’s Character for Truthfulness or Untruthfulness [opinion or reputation] 404(a)(3) and FRE 607-609)
o 609—Impeachment by evidence of Criminal Conviction
