INDEX
ABUSE PREVENTION ACT PROCEEDINGS
§ 1106. Abuse Prevention Act Proceedings
ACCUSED
Evidence of character of
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 405. Methods of Proving Character
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
§ 803(21). Reputation as to Character
Testimony of
§ 104(d). Testimony by Accused
ADJUDICATIVE FACTS
§ 201. Judicial Notice of Adjudicative Facts
ADMISSIBILITY
Additional reports of a
sexual assault
§ 413(b). Admissibility of Additional Reports of a Sexual
Assault
Under an Alternative Evidentiary Basis
Authentication
or identification as precedent of
§ 901. Requirement of Authentication or
Identification
Blood alcohol/breathalyzer tests, refusal of
§ 511(a)(2), Note. Refusal Evidence
§ 801(a), Note. Statement
Character evidence
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 405. Methods of Proving Character
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
§ 803(21). Reputation as to Character
Character trait
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 405. Methods of Proving Character
Compromise
§ 408. Compromise and Offers to Compromise in
Civil Cases
Conduct, prior
sexual
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Conduct, specific instances
§ 405(b). Specific Instances of Conduct
§ 608(b). Specific Instances of Conduct
Copies
§ 1002. Requirement of Original (Best Evidence
Rule)
§ 1004. Admissibility of Other Evidence of
Contents
§ 1005. Official Records
Crimes
§ 404(b). Other Crimes, Wrongs, or Acts
Determination of
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
§ 104. Preliminary Questions
§ 403. Grounds for Excluding Relevant Evidence
Expert testimony
§ 702. Testimony by Experts
§ 703. Bases of Opinion Testimony by Experts
§ 704. Opinion on Ultimate Issue
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
§ 706. Court Appointed Experts
Expressions of sympathy
§ 409. Expressions of Sympathy in Civil Cases;
Payment of Medical
and Similar Expenses
First complaint
§ 413(a). Admissibility of First Complaint
Habit
§ 406. Routine Practice of Business; Individual
Habit
Hearsay
§ 801. Definitions
§ 802. Hearsay Rule
§ 803. Hearsay Exceptions; Availability of
Declarant Immaterial
§ 804. Hearsay Exceptions; Declarant Unavailable
§ 805. Hearsay Within Hearsay
§ 806. Attacking and Supporting Credibility of
Hearsay Declarant
Irrelevant evidence
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
Limited admissibility
§ 105. Limited Admissibility
Medical and
hospital bills
§ 411(b), Note. Limited Admissibility
§ 802, Note. Hearsay
Rule
§ 803(6)(C), Note.
Medical and Hospital Services
§ 902(l). Copies of Hospital and Other Records of
Itemized Bills
and Reports
Medical and
hospital records
§ 803(6)(B). Hospital Records
§ 902(k). Certified Copies of Hospital and Other
Records of Treatment
and Medical History
Mortality tables
§ 803(8), Note.
Official/Public Records and Reports
Negotiations
§ 408. Compromise and Offers to Compromise in
Civil Cases
Offers to compromise
§ 408. Compromise and Offers to Compromise in
Civil Cases
Pleas
§ 410. Inadmissibility of Pleas, Offers of Pleas,
and Related Statements
Relevant evidence
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
§ 401. Relevant Evidence
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
§ 403. Grounds for Excluding Relevant Evidence
Remedial measures
§ 407. Subsequent Remedial Measures
Role of judge
§ 104(a). Determinations Made by the Court
Statutes limiting
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
Summaries
§ 1006. Summaries
Test for
§ 104. Preliminary Questions
Ultimate issue testimony
§ 704. Opinion on Ultimate Issue
ADMISSIONS
Adoptive admission
§ 801(d)(2). Admission by Party-Opponent, (B)
Agency
§ 801(d)(2). Admission by Party-Opponent, (C)
§ 801(d)(2). Admission by Party-Opponent, (D)
By silence
§ 801(d)(2). Admission by Party-Opponent, (B)
Joint venture
§ 801(d)(2). Admission by Party-Opponent, (E)
Party-opponent
§ 801(d)(2). Admission by Party-Opponent, (A)
§ 1007. Testimony or Written Admission of Party
Written
§ 1007. Testimony or Written Admission of Party
ADVERSE INFERENCE
Abuse
prevention act proceedings
§ 1106, Note. Abuse
Prevention Act Proceedings
Failure
to call witness
§ 1111. Missing Witness
Generally
§ 525. Comment upon or
Inference from Claim of Privilege
Privilege
against self-incrimination
§ 511(b), Note.
Privilege of a Witness
Psychotherapist-patient
privilege
§ 503(c). Effect of
Exercise of Privilege
ADVERSE PARTY
Entitlement to writing used by witness to refresh memory
§ 612. Writing or Object Used to Refresh Memory
Interrogation of
§ 611. Manner and Order of Interrogation and
Presentation
Notice of intent to
use treatise to impeach witness
§ 803(18). Learned Treatises
Permission to use
another part of admitted statement or record
§ 106(a). Remainder of Writings or Recorded
Statements
ADVERSE WITNESS
§ 607. Who May Impeach
§ 611. Manner and Order of Interrogation and
Presentation
AFFIRMATION OR OATH
§ 603. Oath or Affirmation
ANCIENT DOCUMENTS
§ 803(16). Statements in Ancient Documents
§ 901(b)(8). Ancient Documents
APPELLATE REVIEW
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
APPLICABILITY, EVIDENTIARY SECTIONS
§ 1101. Applicability of Evidentiary Sections
AUTHENTICATION AND IDENTIFICATION
Generally
§ 901. Requirement of Authentication or
Identification
Of
ancient documents
§ 901(b)(8). Ancient
Documents
Of
electronic or digital communication
§ 901(b)(11).
Electronic or Digital Communication
Of
handwriting
§ 901(b)(2). Nonexpert Opinion on Handwriting
Of
process or system
§ 901(b)(9). Process or
System
Of
public records or reports
§ 901(b)(7). Public
Records or Reports
Of
signature
§ 903. Subscribing
Witness Testimony Not Necessary
Of
telephone conversation
§ 901(b)(6). Telephone
Conversations
Of voice
§ 901(b)(5). Voice
Identification
Self-authentication
§ 902.
Self-Authentication
BAPTISMAL CERTIFICATES
§ 803(12). Marriage, Baptismal, and Similar
Certificates
BEHAVIOR, PAST
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
BENEVOLENT STATEMENTS
§ 409. Expressions of Sympathy in Civil Cases;
Payment of Medical
and Similar Expenses
BEST EVIDENCE RULE
Admissibility of other
evidence of contents
§ 1004. Admissibility of Other Evidence of
Contents
Admissions of parties
§ 1007. Testimony or Written Admission of Party
Duplicates
§ 1003. Admissibility of Duplicates
Official records
§ 1005. Official Records
Originals
§ 1002. Requirement of Original (Best Evidence
Rule)
Role of judge and fact
finder
§ 1008. Functions of Judge and Fact Finder
Summaries
§ 1006. Summaries
Writings/records
defined
§ 1001. Definitions
BIAS
Cross-examination to show
§ 611(b)(2). Bias and Prejudice
Of complainant
§ 412(b)(3), Note. Exceptions
Of juror
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Of witness
§ 408. Compromise and Offers to Compromise in
Civil Cases
§ 411(b). Limited Admissibility
§ 413(a), Note. Admissibility of First Complaint
§ 609, Note. Impeachment by Evidence of Conviction
of Crime
§ 611(b)(2), Note. Bias and Prejudice
§ 613(b)(2). Exception
BLOOD
ALCOHOL/BREATHALYZER TESTS
Admission of
§ 803(6)(B), Note. Hospital
Records–270
Expert testimony
§ 702, Note. Testimony by Expert
Article VIII, Intro. (a)(2). Records Admitted Without
Live Testimony
Article VIII, Intro. (a)(3). Expert Testimony
Refusal as evidence
§ 511(a)(2), Note. Refusal Evidence
§ 801(a), Note. Statement
BOUNDARIES, REPUTATION CONCERNING
§ 803(20). Reputation Concerning Boundaries or
General History
BOWDEN DEFENSE
§ 1105, Note. Third-Party Culprit Evidence
§ 1107, Note. Inadequate Police Investigation
Evidence
BUSINESS RECORDS
Article VIII, Intro. (a)(2). Records Admitted Without
Live Testimony.–234
§ 803(6). Business and Hospital Records
§ 902(i), Note.
Commercial Paper and Related Documents
CERTIFICATES
Attested to by
experts
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Of baptism
§ 803(12). Marriage, Baptismal, and Similar
Certificates
Of marriage
§ 803(12). Marriage, Baptismal, and Similar
Certificates
CHAIN OF CUSTODY
§ 402, Note. Relevant Evidence Generally
Admissible; Irrelevant
Evidence Inadmissible
CHARACTER EVIDENCE
Admissibility of
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 405. Methods of Proving Character
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
§ 803(21). Reputation as to Character
Essential element
§ 405(b). Specific Instances of Conduct
For truthfulness
§ 404(a)(3). Character of the Witness
Generally
§ 404(a). Character Evidence Generally
Of accused
§ 404(a)(1). Character of the Accused
§ 405. Methods of Proving Character
§ 608(a)(2), Note. Reputation Evidence of
Character
Of victim
§ 404(a)(2). Character of the Victim
Of witness
§ 404(a)(3). Character of the Witness
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
Other crimes,
wrongs, or acts
§ 404(b). Other Crimes, Wrongs, or Acts
Proof of character
§ 405. Methods of Proving Character
Reputation
§ 405(a). Reputation
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
CHARACTER TRAIT
Admissibility
§ 404(a). Character Evidence Generally
Essential element
§ 405(b). Specific Instances of Conduct
Proof
§ 405. Methods of Proving Character
Reputation as evidence of
§ 405(a). Reputation
CHILD ABUSE
Psychotherapist-patient
privilege
§ 503(d)(7). Child Abuse or Neglect
Religious privilege
§ 510(c). Child Abuse
Sexual abuse
§ 803(24). Out-of-Court Statement of Child Describing
Sexual Contact
in Proceeding to Place Child in Foster Care
Spousal privilege
§ 504(a)(3). Exceptions
CIVIL CASES
Consciousness of liability
§ 1110(b). Civil Cases
Disclosure of facts/data by expert witness
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
Expert testimony,
basis of
§ 703. Bases of Opinion Testimony by Experts
Expert witnesses
§ 701. Opinion Testimony by Lay Witnesses
§ 702. Testimony by Experts
§ 703. Bases of Opinion Testimony by Experts
§ 704. Opinion on Ultimate Issue
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
§ 706. Court Appointed Experts
Industry and
safety standards
§ 414. Industry and Safety Standards
Judicial notice
§ 201. Judicial Notice of Adjudicative Facts
§ 202. Judicial Notice of Law
Presumptions
§ 301(d). Presumptions
Scope of cross-examination
§ 611(b)(1), Note. In General
Sequestration of
witnesses
§ 615. Sequestration of Witnesses
Ultimate issue
§ 704. Opinion on Ultimate Issue
Views
§ 1109. View
COLLATERAL SOURCE RULE
§ 411(b), Note. Limited Admissibility
COMMON INTEREST DOCTRINE
§ 502(b), Note. General Rule of Privilege
COMMUNICATIONS, PRIVILEGED
See PRIVILEGES
AND DISQUALIFICATIONS
COMPETENCY OF WITNESS
Court, discretion of
§ 601(c). Preliminary Questions
Court personnel
§ 605. Competency of Judge as Witness
Criminal defendant
§ 601, Note. Competency
Expert
§ 702. Testimony by Experts
§ 703. Bases of Opinion Testimony by Experts
§ 704. Opinion on Ultimate Issue
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
General rule
§ 601. Competency
Judge
§ 605. Competency of Judge as Witness
Juror
§ 606. Competency of Juror as Witness
Mental capacity
§ 601. Competency
Minor
§ 601. Competency
COMPLETENESS, WRITTEN AND ORAL
§ 106. Doctrine of Completeness
COMPROMISE
Admissibility
§ 408. Compromise and Offers to Compromise in
Civil Cases
Negotiations
§ 408. Compromise and Offers to Compromise in
Civil Cases
§ 409(b). Payment of Medical and Similar Expenses
Offers to
§ 408. Compromise and Offers to Compromise in
Civil Cases
§ 409(b). Payment of Medical and Similar Expenses
CONDUCT
Habit
§ 406. Routine Practice of Business; Individual
Habit
Of defendant
§ 1110(a). Criminal Cases
Of trial
§ 611(a). Control by Court
Of witness
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
Past behavior
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Personal knowledge of
§ 405. Methods of Proving Character
Routine practice as evidence of inadmissible
§ 406. Routine Practice of Business; Individual
Habit
Sexual, prior
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Specific
instances
§ 405(b). Specific Instances of Conduct
§ 608(b). Specific Instances of Conduct
CONFESSIONS
Admissibility of
§ 104(c). Hearing of Jury
Court-ordered psychiatric exam
§ 503(d)(2). Court-Ordered Psychiatric Exam
Of joint venturer
§ 801(d)(2)(E), Note. Admission by
Party-Opponent–251
Religious privilege
§ 510(b). Privilege
§ 510(c). Child Abuse
Social worker–client privilege
§ 507(c). Exceptions, (2)
CONFRONTATION CLAUSE
Applicability of
Article VIII, Intro. Hearsay
Availability of declarant
§ 803, Note. Hearsay
Exceptions; Availability of Declarant Immaterial
§ 804, Note. Hearsay
Exceptions; Declarant Unavailable
Certificates
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Excited utterances of a
declarant
§ 803(2), Note. Excited
Utterance (Spontaneous Utterance)
Expert testimony
Article VIII, Intro. (a)(3). Expert Testimony
Massachusetts law versus Federal law
Article VIII, Intro. (c). Massachusetts
Law Versus Federal Law
Out-of-court
statements
§ 801(c), Note. Hearsay
Privileged communications
§ 506(b). Privilege
§ 523(c)(1), Note.
Conduct Not Constituting Waiver
Records and reports
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
§ 803(6)(A), Note.
Entry, Writing, or Record Made in Regular Course
of Business
§ 803(8), Note.
Official/Public Records and Reports
Safety concerns of witness
§ 501, Note. Privileges
Recognized Only as Provided
Sequestration of defendant
§ 615. Sequestration of
Witnesses
Sexual offender
registry records
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Statements of nontestifying codefendant
§ 801(d)(2)(A), Note.
Admission by Party-Opponent
Testimonial versus nontestimonial statements
Article VIII, Intro. (a)(1). Testimonial Versus Nontestimonial;
the Primary Purpose Test
Waiver of right to
confrontation
Article VIII, Intro. (d). Waiver of Right to Confrontation
CONSCIOUSNESS
OF GUILT
Conduct that
may be offered as evidence
§ 1110(a), Note.
Criminal Cases
Conduct that
may not be offered as evidence
§ 1110(a), Note. Criminal
Cases
Facts included
in trial testimony but not in pretrial statement
§ 801(d)(2)(A), Note.
Admission by Party-Opponent
Generally
§ 1110(a). Criminal
Cases
Jury
instruction
§ 1110(a), Note.
Criminal Cases
Rebuttal evidence
§ 1110(c). Rebuttal
Testimonial
nature of evidence
§ 511(a)(2), Note.
Refusal Evidence
Use of
defendant’s prearrest conduct or silence
§ 801(d)(2)(B), Note.
Admission by Party-Opponent
CONSCIOUSNESS
OF INNOCENCE
§ 1110(a), Note.
Criminal Cases
CONSCIOUSNESS
OF LIABILITY
Conduct that
may be offered as evidence
§ 1110(b), Note. Civil
Cases
Generally
§ 1110(b). Civil Cases
Jury
instruction
§ 1110(b), Note. Civil
Cases
Rebuttal
evidence
§ 1110(c). Rebuttal
CONTENTS OF WRITINGS, PROOF
Best evidence rule
§ 1002. Requirement of Original (Best Evidence
Rule)
Copies
§ 1003. Admissibility of Duplicates
Other evidence
§ 1004. Admissibility of Other Evidence of
Contents
Summaries
§ 1006. Summaries
Testimony
§ 1007. Testimony or Written Admission of Party
Written admission
§ 1007. Testimony or Written Admission of Party
CONVICTION
As evidence of
character
§ 404(b). Other Crimes, Wrongs, or Acts
Definition of,
for purpose of impeachment
§ 609, Note. Impeachment by Evidence of
Conviction of Crime
Due process
clause
§ 302(a), Note. Scope
Impeachment of witness by use of
§ 609. Impeachment by Evidence of Conviction of
Crime
Prior convictions of complainant
§ 412(b)(3), Note. Exceptions
Prior convictions of defendant
§ 404(a)(1), Note. Character of the
Accused
§ 609, Note. Impeachment by Evidence of
Conviction of Crime
COPIES, ADMISSIBILITY OF
§ 1002. Requirement of Original (Best Evidence
Rule)
§ 1003. Admissibility of Duplicates
§ 1005. Official Records
COURT
Appointment of
experts
§ 706. Court Appointed
Experts
Calling of
witnesses by
§ 614(a). Calling by Court
Discretion
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
§ 601. Competency
§ 611(e). Scope of Subsequent Examination
Expert testimony,
discretion as to
§ 702. Testimony by Experts
Function
§ 1008. Functions of Judge and Fact Finder
Interrogation of witness by
§ 614(b). Interrogation by Court
Reopening case, discretion to
§ 611(f). Reopening
CREDIBILITY OF WITNESS
Collateral source
payments and
§ 411(b), Note. Limited Admissibility
Cross-examination on
§ 611(b)(1). In General
Disputes as to
§ 702, Note. Testimony by Experts
Evidence relevant to
§ 104(e). Weight and Credibility
Impeachment of
§ 607. Who May Impeach
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
§ 609. Impeachment by Evidence of Conviction of
Crime
Of complainant
§ 413. First Complaint of Sexual Assault
Of defendant
§ 104(d). Testimony by Accused
§ 1101(d), Note. Motions to Suppress
Of experts
§ 702, Note. Testimony by Experts
Offers to compromise and
§ 408, Note. Compromise and Offers to Compromise
in Civil Cases–51
Opinion of other witness
§ 701, Note. Opinion Testimony by Lay Witnesses
§ 704, Note. Opinion on Ultimate Issue
Prior inconsistent statements and
§ 801(d)(1)(A), Note. Prior Inconsistent
Statement Before a Grand Jury,
at a Trial, at a Probable Cause Hearing, or at a Deposition
Recent contrivance and
§ 613(b), Note. Prior Consistent Statements
Religious beliefs and
§ 610. Religious Beliefs or Opinions
Trier of fact as judge of
§ 601(c). Preliminary Questions
Witness cooperation agreements and
§ 1104. Witness Cooperation Agreements
CRIMES
Conviction of
§ 404(b). Other Crimes, Wrongs, or Acts
§ 609. Impeachment by Evidence of Conviction of
Crime
Crime-fraud
exception
§ 502(d)(1). Furtherance of Crime or Fraud
Evidence of other
§ 404(b). Other Crimes, Wrongs, or Acts
§ 609. Impeachment by Evidence of Conviction of
Crime
CRIMINAL CASES
Access to third-party records
§ 1108. Access to Third-Party Records Prior to
Trial in Criminal Cases
(Lampron-Dwyer Protocol)
Admissibility of records
§ 803(6)(A), Note. Entry, Writing, or Record Made
in Regular Course
of Business
§ 803(8), Note. Official/Public Records and
Reports
Admission of a party opponent
§ 801(d)(2)(A), Note. Admission by Party-Opponent
Certificates
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Character evidence of accused
§ 404(a)(1). Character of the Accused
Confrontation
clause (see CONFRONTATION CLAUSE)
Consciousness of guilt
§ 1110(a). Criminal Cases
Consciousness
of innocence
§ 1110(a), Note. Criminal Cases
Disclosure of facts, data by expert witness
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
Excited utterance, confrontation of
§ 803(2), Note. Excited Utterance (Spontaneous Utterance)
Exclusion of witnesses
§ 615. Sequestration of Witnesses
Expert testimony,
basis of
§ 703. Bases of Opinion Testimony by Experts
Expert witnesses
§ 702. Testimony by Experts
Inadequate police investigation
§ 1107. Inadequate Police Investigation Evidence
Judicial notice of facts
§ 201. Judicial Notice of Adjudicative Facts
Judicial notice
of law
§ 202. Judicial Notice of Law
Missing witness
§ 1111(b), Note. Jury
Instruction
Out-of-court
statements
§ 801(c), Note. Hearsay
Presumption
§ 302. Criminal Cases
Reopening
§ 611(f), Note. Reopening
Scope of cross-examination
§ 611(b)(1), Note. In General
Sexual
assault cases (see SEXUAL ASSAULT)
Suppressed
statement used to refresh witness’s memory
§ 612(b)(3).
Suppressed Statement
Third-party
culprit
§ 1105. Third-Party Culprit Evidence
Third-party records
§ 1108. Access to Third-Party Records Prior to
Trial in Criminal Cases
(Lampron-Dwyer Protocol)
Ultimate issue opinion
§ 704. Opinion on Ultimate Issue
Views
§ 1109. View
CROSS-EXAMINATION
Accused
§ 104. Preliminary Questions
§ 611. Manner and Order of Interrogation and
Presentation
Bias
§ 611(b)(2). Bias and Prejudice
Character witness
§ 607. Who May Impeach
Complainant in sexual
assault case
§ 413(a), Note. Admissibility of First Complaint
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis–69
Confrontation clause (see
CONFRONTATION CLAUSE)
Conviction of
crime
§ 609. Impeachment by Evidence of Conviction of
Crime
Expert witness
§ 703, Note. Bases of
Opinion Testimony by Experts
§ 705. Disclosure of
Facts or Data Underlying Expert Opinion
Eyewitness
§ 1112(a),
Note. Eyewitness Identification Generally–383
§ 1112(e).
Testimony of Third-Party Observer
Fairness to the Commonwealth
§ 611(b)(1), Note. In General
Limitation on, of experts
§ 705, Note. Disclosure
of Facts or Data Underlying Expert Opinion
Prior statements
§ 613. Prior Statements of Witnesses, Limited
Admissibility
Reasonable basis for
§ 611(b)(1), Note. In
General
Scope of
§ 104(d), Note. Testimony by Accused
§ 511(c)(1), Note. Waiver by Defendant’s
Testimony
§ 611(b). Scope of Cross-Examination
§ 611(e). Scope of Subsequent Examination
Witness
§ 104. Preliminary Questions
§ 611. Manner and Order of Interrogation and Presentation
§ 613(b), Note. Prior Consistent Statements
CUMULATIVE EVIDENCE
§ 403. Grounds for Excluding Relevant Evidence
CURATIVE ADMISSIBILITY
§ 106(b). Curative Admissibility
DAMAGES
Admissibility of collateral
source payments in determining
§ 411(b), Note. Limited
Admissibility
Admissibility of evidence of
damages sought
§ 403, Note. Grounds
for Excluding Relevant Evidence
Admissibility of medical
report of a deceased physician in determining
§ 804(b)(5)(D). Reports
of Deceased Physicians in Tort Actions
Admissibility of settlement
with another defendant in determining
§ 411(b), Note. Limited
Admissibility
For breach of doctor-patient
confidentiality
Article V, Intro. (f).
Examples of Relationships in Which There May Be
a Duty to Treat Information as Confidential Even Though There Is
No Testimonial Privilege–74
Mitigation of
§ 408, Note. Compromise
and Offers to Compromise in Civil Cases
DECLARANT
Availability
§ 803. Hearsay Exceptions; Availability of
Declarant Immaterial
§ 804. Hearsay Exceptions; Declarant Unavailable
Credibility, attacking or supporting
§ 806. Attacking and Supporting Credibility of
Hearsay Declarant
Defined
§ 801(b). Declarant
DEFENDANT
Admission by silence
§ 801(d)(2)(B), Note. Admission by Party-Opponent
Blood alcohol tests
and refusal of
§ 511(a)(2), Note. Refusal Evidence
Article VIII, Intro. (a)(3). Expert Testimony
§ 801(a), Note. Statement
§ 803(6)(B), Note. Hospital
Records–270
Blood sample-DNA
match
Article
VIII, Intro. (a)(3). Expert Testimony
Burden of proof and
§ 302(d). Presumptions
Character of
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 608(a)(2), Note. Reputation Evidence of
Character
Competency of
§ 511(a)(3), Note. Compelled Examination
§ 601, Note. Competency
Consciousness of guilt
§ 1110(a). Criminal Cases
Consciousness of innocence
§ 1110(a), Note.
Criminal Cases
Criminal
responsibility examination
§ 511(a)(3), Note. Compelled Examination
Cross-examination of
§ 104(d). Testimony by Accused
Ethnic or racial bias
against
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Failure to call witness
§ 1111(b), Note. Jury
Instruction
Intent of
§ 503(d)(3), Note. Patient Raises the Issue of Own
Mental or Emotional
Condition as an Element of Claim or Defense
Lost or destroyed evidence and
§ 1102, Note. Spoliation or Destruction
of Evidence
Mental or emotional condition of
§ 503(d)(3), Note. Patient Raises the Issue of Own
Mental or Emotional
Condition as an Element of Claim or Defense
Pleas
§ 410. Inadmissibility of Pleas, Offers of Pleas,
and Related Statements
Privilege against self-incrimination
§ 511. Privilege Against Self-Incrimination
Right not to testify
§ 104(d). Testimony by Accused
§ 525(b). Criminal Case, (1).
§ 804, Note. Hearsay Exceptions; Declarant Unavailable
Right to confront witnesses (see CONFRONTATION CLAUSE)
Right to offer evidence
§ 404(b). Other Crimes, Wrongs, or Acts
Sequestration of
§ 615. Sequestration of
Witnesses
Statements made at suppression hearings
§ 1101(d), Note. Motions to Suppress
Substantial risk of a miscarriage of justice and
§ 103(d), Note. Substantial Risk of a Miscarriage
of Justice
in Criminal Cases
Third-party culprit evidence
§ 1105. Third-Party Culprit Evidence
Unfair prejudice and
§ 403, Note. Grounds for Excluding Relevant
Evidence
View, presence at
§ 1109(b), Note. Conduct
Waiver of right to
confrontation
Article VIII, Intro. (d). Waiver of Right to Confrontation
Witness
cooperation agreements
§ 1104. Witness Cooperation Agreements
DEFINITIONS
Declarant
§ 801(b). Declarant
Hearsay
§ 801(c). Hearsay
Original/duplicate
§ 1001. Definitions
Records
§ 1001. Definitions
Relevant evidence
§ 401. Relevant Evidence
Statement
§ 801(a). Statement
Writings
§ 1001. Definitions
DELIBERATIONS
Of judge
§ 527. Judicial Deliberation Privilege
Of jury
§ 606(b). Inquiry into Validity of Verdict or
Indictment
Of legislator
Article V, Intro. (h)(2). Legislative Deliberation
Privilege
Of medical peer review committee
§ 513(d). Testimony Before Medical Peer Review
Committee
DESTRUCTION OF EVIDENCE
§ 1102. Spoliation or Destruction of Evidence
§ 1110(a), Note.
Criminal Cases
§ 1110(b), Note. Civil
Cases
DETERMINATIONS
Admissibility
§ 105. Limited Admissibility
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
Preliminary
§ 104. Preliminary Questions
DIGITAL
COMMUNICATION
§ 901(b)(11). Electronic or Digital Communication
DIRECT EXAMINATION
Cross-examination not limited to the scope of
§ 511(c)(1), Note. Waiver by Defendant’s
Testimony
Denial of
§ 103(a)(2), Note. Admission or Exclusion of
Evidence
Leading questions
§ 611(c). Leading Questions
Manner and order
of
§ 611. Manner and Order of Interrogation and
Presentation
Of expert witnesses
§ 703, Note. Bases of
Opinion Testimony by Experts
§ 705, Note. Disclosure
of Facts or Data Underlying Expert Opinion
Article VIII, Intro. (a)(3). Expert Testimony
Of prior
convictions
§ 609, Note. Impeachment by Evidence of Conviction
of Crime
On plea agreement
§ 1104. Witness Cooperation Agreements
Prior consistent
statements during
§ 613(b), Note. Prior Consistent Statements
Scope of redirect examination
§ 611(e). Scope of Subsequent Examination
DISCLOSURE OF FACTS, EXPERT
WITNESS
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
DISCOVERY
Electronic
§ 523(c)(2), Note. Conduct Not Constituting
Waiver–151
Inadvertent
disclosure during
§ 523(c)(2), Note. Conduct Not Constituting
Waiver–151
Of communications
between allied mental health professional and client
§ 508(d). Exception
Of
communications between domestic violence counselor and victim
§ 505(b). Privilege
§ 505(c). Exception
Of communications
between psychotherapist and patient
§ 503(d)(8). Exceptions
Of
communications between sexual assault counselor and victim
§ 506(b). Privilege
§ 506(c). Exception
Of
communications between social worker and client
§ 507(c)(9). Exceptions
Of documentation of the basis of the expert’s
opinion
§ 702, Note. Testimony by Experts
Of identity
and location of protected witness
§ 509(c)(1). Protected Witness
Of
investigatory information of law enforcement
§ 515, Note. Investigatory Privilege
Of medical
peer review committee proceedings, reports, and records
§ 513(b). Privilege
§ 513(c). Exceptions
Of tax returns
§ 519. State and Federal Tax Returns
Of third-party
records
§ 1108, Note. Access to Third-Party Records
Prior to Trial in Criminal
Cases (Lampron-Dwyer Protocol)
Of trade
secrets
§ 517, Note. Trade Secrets
Rising cost of
§ 523(c)(2), Note. Conduct Not Constituting
Waiver–151
Using cross-examination
for
§ 1106, Note. Abuse Prevention Act Proceedings
Work-product
doctrine
§ 502(d)(6), Note. Public Officer or Agency
DNA
Analysts
§ 703, Note. Bases of Opinion Testimony by Experts
Expert testimony
regarding
Article
VIII, Intro. (a)(3). Expert Testimony
“Likelihood
ratios”
§ 702, Note. Testimony by Experts
Nuclear DNA analysis
§ 702, Note. Testimony by Experts
Profiles
§ 702, Note. Testimony by Experts, 217
DOCUMENTS
Affecting
interest in property, records of
§ 803(14). Records or Documents Affecting an
Interest in Property
Affecting interest in property, statements in
§ 803(15). Statements in Documents Affecting an
Interest in Property
Ancient
§ 803(16). Statements in Ancient Documents
Foreign public
§ 902(c). Foreign Official Records
Impounding versus sealing
Article V, Intro. (e). Impounding Versus Sealing
ELECTRONIC COMMUNICATION
§ 901(b)(11). Electronic or Digital Communication
E-MAIL
§ 901(b)(11), Note. Electronic or Digital Communication
EVIDENCE
Abuse
§ 413. First Complaint of Sexual Assault
Admissibility (see ADMISSIBILITY)
Ballistics
identification
§ 702, Note. Testimony by Experts, 217
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Battered woman syndrome
§ 702, Note. Testimony by Experts
Blood alcohol tests
and refusal of
§ 511(a)(2), Note. Refusal Evidence
§ 801(a), Note. Statement
§ 803(6)(B), Note. Hospital
Records–270
Character
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 405. Methods of Proving Character
Character trait
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 405. Methods of Proving Character
Competent
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
Computer simulations
§ 702, Note. Testimony by Experts
Concealment of significant evidence
§ 1111(b), Note. Jury Instruction
Consciousness of guilt
§ 1110(a). Criminal Cases
Consciousness of innocence
§ 1110(a), Note. Criminal Cases
Constitutional considerations
§ 403, Note. Grounds for Excluding Relevant
Evidence
§ 1105, Note. Third-Party Culprit Evidence
Credibility of
§ 104. Preliminary Questions
Cumulative
§ 403. Grounds for Excluding Relevant Evidence
Destruction of
§ 1102. Spoliation or Destruction of Evidence
§ 1110(a), Note.
Criminal Cases
§ 1110(b), Note. Civil
Cases
Discovery (see DISCOVERY)
DNA
§ 702, Note. Testimony by Experts, 215, 216, 217
§ 703, Note. Bases of Opinion Testimony by Experts
Article VIII, Intro. (a)(3). Expert Testimony
Exclusion of
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
§ 403. Grounds for Excluding Relevant Evidence
Expert (see
EXPERT TESTIMONY; EXPERT WITNESSES)
Expressions
of sympathy as
§ 409. Expressions of Sympathy in Civil Cases;
Payment of Medical
and Similar Expenses
Extrinsic
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
§ 610. Religious Beliefs or Opinions
§ 613. Prior Statements of Witnesses, Limited
Admissibility
Fingerprint
identification
§ 702,
Note. Testimony by Experts, 215–216
Firearm/ballistics
identification
§ 702, Note. Testimony by Experts, 217
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
First complaint
§ 413. First Complaint of Sexual Assault
Forensics
§ 702, Note. Testimony by Experts, 216
§ 703, Note. Bases of Opinion Testimony
by Experts
Guidelines, scope of
§ 102. Purpose and Construction
Inadequate police investigation
§ 1107. Inadequate Police Investigation Evidence
Industry
and safety standards
§ 414. Industry and Safety Standards
Irrelevant
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Material
§ 104. Preliminary Questions
Medical malpractice actions
§ 409(c). Medical Malpractice Claims
“Missing”
§ 1111(a), Note. Argument by Counsel–376
§ 1111(b), Note. Jury Instruction
Offered for nonhearsay
purpose
§ 801(c), Note. Hearsay
Other crimes,
wrongs, or acts
§ 404(b). Other Crimes, Wrongs, or Acts
Prejudicial
§ 403. Grounds for Excluding Relevant Evidence
Presentation of
§ 611. Manner and Order of Interrogation and
Presentation
Probative value
§ 403. Grounds for Excluding Relevant Evidence
Rebuttal (see REBUTTAL)
Relevant
§ 401. Relevant Evidence
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
§ 403. Grounds for Excluding Relevant Evidence
Routine practice
§ 406. Routine Practice of Business; Individual
Habit
SAIN evidence/Sexual
Assault Evidence Collection Kit
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
§ 803(6)(B), Note.
Hospital Records
Scope of
§ 104. Preliminary Questions
Spoliation of
§ 1102. Spoliation or Destruction of Evidence
Suppression of (see
SUPPRESSION)
Third-party culprit
§ 1105. Third-Party Culprit Evidence
Unnecessarily time consuming
§ 403. Grounds for Excluding Relevant Evidence
Weight of
§ 104(e). Weight and Credibility
§ 401, Note. Relevant
Evidence
§ 402, Note. Relevant
Evidence Generally Admissible; Irrelevant
Evidence Inadmissible
§ 403, Note. Grounds
for Excluding Relevant Evidence
§ 412(c). Procedure to
Determine Admissibility
§ 413(a), Note.
Admissibility of First Complaint
§ 702, Note. Testimony
by Experts, 211, 215
§ 803(6)(A), Note. Entry,
Writing, or Record Made in Regular
Course of Business
§ 803(17), Note.
Statements of Facts of General Interest
§ 901(b)(11), Note.
Electronic or Digital Communication
§ 1002, Note.
Requirement of Original (Best Evidence Rule)
§ 1008. Functions of
Judge and Fact Finder
§ 1107, Note.
Inadequate Police Investigation
§ 1110(b), Note. Civil
Cases
EXAMINATION OF WITNESSES
See CROSS-EXAMINATION; DIRECT EXAMINATION
EXCEPTIONS, HEARSAY RULE
See HEARSAY EXCEPTIONS
EXCITED UTTERANCE
§ 803(2). Excited Utterance (Spontaneous
Utterance)
EXCLUSION OF EVIDENCE
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
§ 403. Grounds for Excluding Relevant Evidence
EXCLUSION OF WITNESSES
§ 615. Sequestration of Witnesses
EXPERT TESTIMONY
Ballistics
identification
§ 702, Note. Testimony by Experts, 217
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Basis of
§ 703. Bases of Opinion Testimony by Experts
Battered woman syndrome
§ 702, Note. Testimony by Experts
Blood alcohol tests
§ 702, Note. Testimony
by Expert
Article VIII, Intro. (a)(2).
Records Admitted Without Live Testimony
Article VIII, Intro. (a)(3). Expert Testimony
Blood sample-DNA
match
Article
VIII, Intro. (a)(3). Expert Testimony
Certitude of
§ 702, Note. Testimony by Experts–218
Confrontation of
Article VIII, Intro. (a)(3). Expert Testimony
Disclosure of facts, data
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
Discretion of court
§ 702. Testimony by Experts
Eyewitness
identification
§ 1112(f).
Expert Testimony
Fingerprint
identification
§ 702, Note. Testimony by
Experts, 215–216
Firearm/ballistics
identification
§ 702,
Note. Testimony by Experts, 217
Article
VIII, Intro. (a)(2). Records Admitted
Without Live Testimony
Five foundation requirements
§ 702, Note. Testimony by Experts
Forensics
§ 702,
Note. Testimony by Experts, 216
§ 703, Note. Bases of Opinion Testimony
by Experts
Illustrations
§ 702, Note. Testimony by Experts
Inaccurate forensic
analysis
§ 703, Note. Bases of
Opinion Testimony by Experts
On tests performed and
data collected by others
Article VIII, Intro. (a)(3). Expert Testimony
Scope of
§ 704, Note. Opinion on
Ultimate Issue
Sexually
dangerous person proceedings
§ 1103, Note. Sexually Dangerous
Person Proceedings–346
Substituted
experts
§ 703, Note. Bases of
Opinion Testimony by Experts
Article
VIII, Intro. (a)(3). Expert Testimony–236
Ultimate issue
§ 704. Opinion on Ultimate Issue
EXPERT WITNESSES
Certitude of opinion
§ 702, Note. Testimony by Experts–218
Competency
§ 702. Testimony by Experts
Court-appointed
§ 706. Court Appointed Experts
Cross-examination of
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
Exclusion of
§ 615. Sequestration of Witnesses
Inaccurate forensic
analysis by
§ 703, Note. Bases of
Opinion Testimony by Experts
In medical malpractice actions
§ 409(c). Medical Malpractice Claims
Method used by
§ 702, Note. Testimony by Experts
Opinion, form of
§ 702. Testimony by Experts
Personal knowledge of
§ 702, Note. Testimony by Experts, 213, 214
§ 703. Bases of Opinion Testimony by Experts
Qualifications
§ 702. Testimony by Experts
Role of
§ 702, Note. Testimony
by Experts
Substituted
experts
Article
VIII, Intro. (a)(3). Expert Testimony–236
§ 703, Note. Bases of
Opinion Testimony by Experts
EXPRESSIONS OF SYMPATHY
§ 409. Expressions of Sympathy in Civil Cases;
Payment of Medical
and Similar Expenses
EYEWITNESS
IDENTIFICATION
§ 1112. Eyewitness
Identification
FACTS
Adjudicative
§ 201. Judicial Notice of Adjudicative Facts
Disclosure by expert witnesses
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
Judicial notice of
§ 201. Judicial Notice of Adjudicative Facts
Preliminary finding of
§ 104(a), Note. Determinations Made by the Court
FAMILY RECORDS
§ 803(13). Family Records
FINGERPRINT
IDENTIFICATION
§ 702, Note. Testimony by Experts, 215–216
FIREARM/BALLISTICS
IDENTIFICATION
§ 702, Note. Testimony by Experts, 217
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
FIRST AGGRESSOR (SELF-DEFENSE)
§ 404(a)(2). Character of the Victim, (B)
FIRST COMPLAINT OF SEXUAL ASSAULT
Admissibility of
§ 413(a). Admissibility of First Complaint
Admissibility of additional
reports
§ 413(b). Admissibility of Additional Reports of a Sexual
Assault
Under an Alternative Evidentiary Basis
Applicability of doctrine
§ 413(a), Note. Admissibility of First Complaint
Determining first complaint
witness
§ 413(a), Note. Admissibility of First Complaint
Identifying
§ 413(a), Note. Admissibility of First Complaint
Impeachment of first complaint witness
§ 413(a), Note. Admissibility of First Complaint
Limiting jury instruction
regarding
§ 413(a), Note. Admissibility of First Complaint
Role of trial judge
§ 413(a), Note. Admissibility of First Complaint
SAIN evidence/Sexual Assault Evidence Collection Kit
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
§ 803(6)(B), Note.
Hospital Records
Scope of doctrine
§ 413(a), Note. Admissibility of First Complaint
Substitution of first
complaint witness
§ 413(a), Note. Admissibility of First Complaint
FOREIGN OFFICIAL RECORDS, AUTHENTICATION
§ 902(c). Foreign Official Records
FORENSIC EVIDENCE
Inaccurate analysis
§ 703, Note. Bases of
Opinion Testimony by Experts
Methods for testing
§ 702, Note. Testimony by Experts
FORMER TESTIMONY, HEARSAY EXCEPTION
§ 804(b)(1). Prior Recorded Testimony
FOUNDATION, INTRODUCTION OF EVIDENCE
§ 613. Prior Statements of Witnesses, Limited
Admissibility
§ 901. Requirement of Authentication or
Identification
GUILTY PLEAS
Of accomplice
§ 1104. Witness Cooperation Agreements
Withdrawn
§ 410. Inadmissibility of Pleas, Offers of Pleas,
and Related Statements
HABIT, INADMISSIBLE AS EVIDENCE OF CONDUCT
§ 406. Routine Practice of Business; Individual
Habit
HARASSMENT OF WITNESS
§ 611(a). Control by Court
§ 1106, Note. Abuse Prevention Act Proceedings
HARASSMENT
PREVENTION PROCEEDINGS
§ 1106, Note. Abuse Prevention
Act Proceedings
HEARINGS
Amral hearings
§ 509(a), Note. Identity of Informer
Applicability of evidentiary sections at
§ 1101. Applicability of Evidentiary Sections
Availability of declarant for
§ 804. Hearsay Exceptions; Declarant Unavailable
Daubert-Lanigan hearings
§ 703, Note. Bases of
Opinion Testimony by Experts
Defendant’s right not to testify at
§ 511(a)(4). At a Hearing or Trial
Lampron
hearings
§ 1108(b). The Lampron
Hearing and Findings
Martin hearings
§ 511(b), Note. Privilege of a Witness
On expert testimony
§ 702, Note. Testimony by Experts
Preliminary
§ 104. Preliminary Questions
Pretrial dangerousness
hearing
§ 804(b)(1), Note.
Prior Recorded Testimony
Probable cause hearing
§ 801(d)(1)(A). Prior Inconsistent
Statement Before a Grand Jury,
at a Trial, at a Probable Cause Hearing, or at a Deposition
§ 804(b)(1), Note.
Prior Recorded Testimony
§ 1103(a), Note.
Hearsay That Is Admissible
HEARSAY
Admissibility
§ 802. Hearsay Rule
Availability of
declarant (see HEARSAY EXCEPTIONS,
AVAILABILITY
OF DECLARANT IMMATERIAL; HEARSAY
EXCEPTIONS,
DECLARANT UNAVAILABLE)
Confrontation clause
Article VIII, Intro. Hearsay
Credibility of declarant, attacking or supporting
§ 806. Attacking and Supporting Credibility of
Hearsay Declarant
Defined
§ 801(c). Hearsay
Exceptions
§ 803. Hearsay Exceptions; Availability of
Declarant Immaterial
§ 804. Hearsay Exceptions; Declarant Unavailable
Hearsay within hearsay
§ 805. Hearsay Within Hearsay
Rule
§ 802. Hearsay Rule
Unavailability of
declarant
§ 804(a). Definition of Unavailability
HEARSAY EXCEPTIONS
Absence of public record
§ 803(10). Absence of Public Record or Entry
Ancient documents
§ 803(16). Statements in Ancient Documents
Availability of declarant (see HEARSAY EXCEPTIONS, AVAILABILITY
OF DECLARANT IMMATERIAL; HEARSAY
EXCEPTIONS,
DECLARANT UNAVAILABLE)
Business records
§ 803(6)(A). Entry, Writing, or Record Made in
Regular Course
of Business
Child statement out of court, civil proceeding
§ 803(24). Out-of-Court Statement of Child
Describing Sexual Contact
in Proceeding to Place Child in Foster Care
§ 804(b)(9). Out-of-Court Statement of Child
Describing Sexual Contact
in Civil Proceeding, Including Termination of Parental Rights
Child statement out of court, criminal proceeding
§ 804(b)(8). Admissibility in Criminal
Proceedings of a Child’s
Out-of-Court Statement Describing Sexual Contact
Declarant unavailable (see HEARSAY EXCEPTIONS, DECLARANT UNAVAILABLE)
Dying declaration
§ 804(b)(2). Statement Made Under Belief of
Impending Death
Excited utterance
§ 803(2). Excited Utterance (Spontaneous
Utterance)
Existing mental, emotional or physical condition
§ 803(3). Then-Existing Mental, Emotional, or
Physical Condition
Family records
§ 803(13). Family Records
Forfeiture by wrongdoing
§ 804(b)(6). Forfeiture by Wrongdoing
Hospital records
§ 803(6)(B). Hospital Records
Identification
§ 801(d)(1)(C). Identification
Judgment of prior conviction
§ 803(22). Judgment of Previous Conviction
Learned treatises
§ 803(18). Learned Treatises
Marriage and baptism records
§ 803(12). Marriage, Baptismal, and Similar
Certificates
Medical/hospital services
§ 803(6)(C). Medical and Hospital Services
Official/public records
§ 803(8). Official/Public Records and Reports
Other judgments
§ 803(23). Judgment as to Personal, Family, or
General History,
or Boundaries
Past recollection recorded
§ 803(5). Past Recollection Recorded
Present sense impression
§ 803(1). Present Sense Impression
Prior recorded
testimony
§ 804(b)(1). Prior Recorded Testimony
Records affecting interest in property
§ 803(14). Records or Documents Affecting an
Interest in Property
Records of
religious organization
§ 803(11). Records of Religious Organizations
§ 804(b)(7). Religious Records
Reputation as to character
§ 803(21). Reputation as to Character
Reputation concerning boundaries
§ 803(20). Reputation Concerning Boundaries or
General History
Reputation
concerning family history
§ 803(19). Reputation Concerning Personal or
Family History
Spontaneous utterance
§ 803(2). Excited Utterance (Spontaneous
Utterance)
Statements against interest
§ 804(b)(3). Statement Against Interest
Statements for medical diagnosis or treatment
§ 803(4). Statements for Purposes of Medical
Diagnosis or Treatment
Statements of facts of general interest
§ 803(17). Statements of Facts of General
Interest
Statements of personal history
§ 804(b)(4). Statement of Personal History
Statutory exceptions for deceased persons
§ 804(b)(5). Statutory Exceptions in Civil Cases
Vital statistics
§ 803(9). Records of Vital
Statistics
HEARSAY EXCEPTIONS, AVAILABILITY OF DECLARANT
IMMATERIAL
Ancient documents,
statements in
§ 803(16). Statements in Ancient Documents
Baptismal, marriage, and other certificates
§ 803(12). Marriage, Baptismal, and Similar
Certificates
Boundaries, reputation concerning
§ 803(20). Reputation Concerning Boundaries or
General History
Business records
§ 803(6). Business and Hospital Records
Character, reputation concerning
§ 803(21). Reputation as to Character
Documents or records affecting interest in property
§ 803(14). Records or Documents Affecting an
Interest in Property
§ 803(15). Statements in Documents Affecting an
Interest in Property
Excited utterance
§ 803(2). Excited Utterance (Spontaneous
Utterance)
Family records
§ 803(13). Family Records
Medical treatment, statement for purposes
§ 803(4). Statements for Purposes of Medical
Diagnosis or Treatment
Mental, emotional or physical condition
§ 803(3). Then-Existing Mental, Emotional, or
Physical Condition
Personal, family or general history, judgments
§ 803(23). Judgment as to Personal, Family, or
General History,
or Boundaries
Present sense
impression
§ 803(1). Present Sense Impression
Public records
and reports
§ 803(8). Official/Public Records and Reports
Recorded recollection
§ 803(5). Past Recollection Recorded
Religious
organization records
§ 803(11). Records of Religious Organizations
Vital statistics
records
§ 803(9). Records of Vital Statistics
HEARSAY EXCEPTIONS, DECLARANT UNAVAILABLE
Applicability
§ 804(a). Definition of Unavailability
Former testimony
§ 804(b)(1). Prior Recorded Testimony
Prior recorded testimony
§ 804(b)(1). Prior Recorded Testimony
Statement against interest
§ 804(b)(3). Statement Against Interest
Statement of party incapable of testifying
§ 804(b)(6). Forfeiture by Wrongdoing
Statement of
personal history
§ 804(b)(4). Statement of Personal History
Statement under belief of impending death
§ 804(b)(2). Statement Made Under Belief of
Impending Death
HEARSAY RULE
Applicability to sexually dangerous person proceedings
§ 1103, Note. Sexually
Dangerous Person Proceedings
Confrontation clause and
Article VIII, Intro. Hearsay
Exceptions to
§ 803. Hearsay
Exceptions; Availability of Declarant Immaterial
§ 804. Hearsay
Exceptions; Availability of Declarant Unavailable
Explained
§ 801(c), Note. Hearsay
§ 802. Hearsay Rule
Hearsay within
hearsay
§ 805, Note. Hearsay
Within Hearsay
Statements not excluded by
§ 801(d)(2). Admission
by Party-Opponent
Statutes and rules providing
exceptions to
§ 802, Note. Hearsay
Rule
HEARSAY WITHIN HEARSAY
§ 805. Hearsay Within Hearsay
HOSTILE WITNESS
§ 607. Who May Impeach
IDENTIFICATION
Double-blind
procedure
§ 1112(b)(1)(A),
Note. Suppression of Identification
Expert testimony
regarding
§ 1112(f).
Expert Testimony
Extrajudicial
§ 801(d)(1)(C), Note. Identification
Eyewitness
§ 1112. Eyewitness
Identification
Facts accompanying
§ 801(d)(1)(C), Note. Identification
In-court
identification
§ 1112(d).
Subsequent and In-Court Identification
Lineups
§ 511(a)(2), Note. Refusal Evidence
§ 1112(a),
Note. Eyewitness Identification Generally
Of evidence (see AUTHENTICATION AND IDENTIFICATION)
Out-of-court identification
§ 1112(d).
Subsequent and In-Court Identification
§ 1112(e).
Testimony of Third-Party Observer
Showup
§ 801(d)(1)(C), Note.
Identification
§ 1112(c).
Showup Identification
Suppression of
§ 1112(b)(1). Suppression of
Identification
Unnecessarily suggestive
§ 104(a), Note. Determinations Made by the
Court–11
§ 1112. Eyewitness
Identification
IMPEACHMENT
Adverse witness
§ 607. Who May Impeach
Bias
§ 611(b)(2). Bias and Prejudice
Character for
truthfulness
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
Conviction of crime
§ 609. Impeachment by Evidence of Conviction of
Crime
Declarant
§ 806. Attacking and Supporting Credibility of
Hearsay Declarant
Evidence of character
§ 608(a). Reputation Evidence of Character
Evidence on conduct
§ 608(b). Specific Instances of Conduct
First complaint witness
§ 413(a), Note. Admissibility of First Complaint
Generally
§ 607. Who May Impeach
Hearsay declarant
§ 806. Attacking and Supporting Credibility of
Hearsay Declarant
Inconsistent statements
§ 613(a). Prior Inconsistent Statements
§ 801(d)(1)(A). Prior Inconsistent Statement Before a Grand Jury,
at a Trial, at a Probable Cause Hearing, or at a Deposition
Jurors
§ 606. Competency of Juror as Witness
Juvenile adjudications
§ 609(a)(5). Juvenile Adjudications of
Delinquency or Youthful Offender
Other witness
§ 607. Who May Impeach
Party witness
§ 607. Who May Impeach
Prior conviction
§ 609. Impeachment by Evidence of Conviction of
Crime
Prior statements
§ 613. Prior Statements of Witnesses, Limited
Admissibility
Prior writings
§ 613. Prior Statements of Witnesses, Limited
Admissibility
Religious belief
§ 610. Religious Beliefs or Opinions
Specific
instances of misconduct
§ 608(b). Specific Instances of Conduct
Victim
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
INADEQUATE POLICE INVESTIGATION
§ 1107. Inadequate Police Investigation Evidence
INCONSISTENT STATEMENTS
§ 613(a). Prior Inconsistent Statements
§ 801(d)(1)(A). Prior Inconsistent Statement Before a Grand Jury,
at a Trial, at a Probable Cause Hearing, or at a Deposition
INDUSTRY
AND SAFETY STANDARDS
§ 414. Industry and
Safety Standards
INFERENCES
Adverse inference (see
ADVERSE INFERENCE)
Civil
§ 301(b). Inferences
Criminal
§ 302(b). Inferences
Defined
§ 301(b). Inferences
From claim of
privilege
§ 525. Comment upon or Inference from Claim of
Privilege
From evidence of
consciousness of guilt or liability
§ 1110. Consciousness of Guilt or Liability
From inadequate
police investigation
§ 1107, Note. Inadequate Police Investigation
Evidence
From party not
calling witness
§ 1111. Missing Witness
From spoliation
§ 1102, Note. Spoliation or Destruction
of Evidence
Of expert witness
§ 703. Bases of Opinion Testimony by Experts
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
Of juror’s racial
or ethnic bias
§ 606(b), Note. Inquiry into Validity of Verdict
or Indictment
Of lay witness
§ 701. Opinion Testimony by Lay Witnesses
INSTRUCTIONS, JURY
Cautionary instructions
§ 525(b)(2), Note. Criminal Case
§ 606(b), Note. Inquiry into Validity of
Verdict or Indictment
§ 1104, Note. Witness Cooperation Agreements
Consciousness
of guilt
§ 1110(a), Note. Criminal Cases
Consciousness
of liability
§ 1110(b), Note. Civil Cases
Expert testimony
§ 702. Testimony by Experts
First complaint
§ 413(a), Note. Admissibility of First Complaint
Limiting
instructions
§ 105. Limited Admissibility
§ 403, Note. Grounds for Excluding Relevant
Evidence
§ 404(b), Note. Other Crimes, Wrongs, or Acts
§ 408, Note. Compromise and Offers to Compromise
in Civil Cases
§ 411(b), Note. Limited Admissibility
§ 413(a), Note. Admissibility of First Complaint
§ 525(a), Note. Civil Case
§ 801(c), Note. Hearsay
Missing witness
§ 1111. Missing Witness
Objections to
§ 103(a)(1), Note. Admission or Exclusion of
Evidence
State-of-mind evidence
§ 803(3)(B)(ii), Note. Then-Existing Mental, Emotional,
or Physical
Condition
INSURANCE
As proof of agency, ownership, or control
§ 411(b). Limited Admissibility
In negligence cases
§ 411(a). Exclusion of Evidence of Insurance
INTERPRETERS
§ 522. Interpreter-Client Privilege
§ 604. Interpreters
IRRELEVANT EVIDENCE, ADMISSIBILITY OF
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
JUDICIAL DELIBERATIONS
§ 527. Judicial Deliberation Privilege
JUDICIAL NOTICE
Adjudicative facts
§ 201. Judicial Notice of Adjudicative Facts
Law
§ 202. Judicial Notice of Law
Timing of
§ 201(c). When Taken
JURORS
Bribing of
§ 1110(b), Note. Civil Cases
Competence of as witnesses
§ 606(a). At the Trial
Discharge of
during deliberations
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Discharge of
during empanelment
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Discharge of
during trial
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Ethnic or racial bias of
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Misconduct of
§ 606(b). Inquiry into Validity of Verdict or
Indictment
Sleeping of
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
JURY
Credibility of
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Deadlocked
§ 606(b), Note. Inquiry into
Validity of Verdict or Indictment
Instructions (see
INSTRUCTIONS, JURY)
Misleading
§ 403. Grounds for Excluding Relevant Evidence
Preliminary matters and
§ 103(c). Hearing of Jury
§ 104(c). Hearing of Jury
JUVENILE ADJUDICATIONS, USE OF IN IMPEACHMENT
§ 609(a)(5). Juvenile Adjudications of
Delinquency or Youthful Offender
LAMPRON-DWYER
PROTOCOL
Article V, Intro. (g). Production of Presumptively
Privileged Records
from Nonparties Prior to Trial in Criminal Cases
§ 1108. Access to Third-Party Records Prior to
Trial in Criminal Cases
(Lampron-Dwyer Protocol)
LAY WITNESS, OPINION TESTIMONY
§ 701. Opinion Testimony by Lay Witnesses
LEADING QUESTIONS
Direct
examination
§ 611. Manner and Order of Interrogation and
Presentation
Hostile witness
§ 607. Who May Impeach
LIABILITY
Admissibility of records and reports as evidence of
§ 803(6)(B). Hospital
Records
§ 803(9). Records of
Vital Statistics
§ 804(b)(5)(D). Reports
of Deceased Physicians in Tort Actions
Admissions of
§ 408, Note. Compromise and Offers to Compromise
in Civil Cases
Consciousness of
§ 1110(b). Civil Cases
Expressions of sympathy and
§ 409(a). Expressions of Sympathy in Civil Cases
Fair report privilege as protection from
Article V, Intro. (h)(3). Fair Report Privilege
Immunity from
Article V, Intro. (h)(1). Immunity from Liability
(Litigation Privilege)
§ 513, Note. Medical Peer Review Privilege
Insurance
§ 411.
Insurance
Offers to compromise and
§ 408. Compromise and Offers to Compromise in
Civil Cases
Offers to pay medical expenses and
§ 409(b). Payment of Medical and Similar Expenses
Statements against interest and
§ 804(b)(3). Statement Against Interest
LIMITING INSTRUCTION
See INSTRUCTIONS, JURY
LINEUPS
§ 511(a)(2), Note. Refusal Evidence
§ 1112(a),
Note. Eyewitness Identification Generally
MARRIAGE CERTIFICATES
§ 803(12). Marriage, Baptismal, and Similar
Certificates
MEDICAL AND HOSPITAL BILLS
Admissibility of
§ 411(b), Note. Limited Admissibility
§ 802, Note. Hearsay
Rule
§ 803(6)(C), Note.
Medical and Hospital Services
§ 902(l). Copies of Hospital and Other Records of
Itemized Bills
and Reports
Authentication
of
§ 902(l). Copies of Hospital and Other Records of
Itemized Bills
and Reports
§ 902(m). Copies of Bills for Genetic Marker
Tests and for Prenatal
and Postnatal Care
Payment of
§ 409(b). Payment of Medical and Similar Expenses
§ 411(b), Note. Limited Admissibility
Restitution
proceeding for
§ 1101(c)(3). Miscellaneous Proceedings
MEDICAL MALPRACTICE
ACTIONS
Evidence of
medical bills covered by insurance
§ 411(b), Note. Limited Admissibility–58
Expert testimony
§ 409(c). Medical Malpractice Claims
Expressions of
sympathy in
§ 409(c). Medical Malpractice Claims
Psychotherapist-patient
privilege
§ 503(d)(6). Claim Against Psychotherapist
Use of learned
treatises, published scientific opinion in
§ 803(18)(A). Use in Medical Malpractice Actions
§ 902(j), Note. Presumptions Created by Law
MEDICAL REPORTS
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
Article VIII, Intro. (a)(1)(C). Whether the
Statements Were Made
to Non–Law Enforcement Personnel
§ 803(6)(B).
Hospital Records
§ 902(k). Certified Copies of Hospital and Other
Records of Treatment
and Medical History
§ 902(l). Copies of Hospital and Other Records of
Itemized Bills
and Reports
§ 902(n). Results of Genetic Marker Tests
MEDICAL TREATMENT, STATEMENTS FOR PURPOSES OF
Article
VIII, Intro. (a)(1)(C). Whether the Statements Were Made
to Non–Law Enforcement Personnel
§ 803(4). Statements for Purposes of Medical
Diagnosis or Treatment
MEMORY, REFRESHMENT OF
§ 612. Writing or Object Used to Refresh Memory
MENTAL CAPACITY, COMPETENCY
§ 601. Competency
MENTAL, EMOTIONAL, OR PHYSICAL CONDITION
§ 803(3). Then-Existing Mental, Emotional, or
Physical Condition
MINORS, COMPETENCY
§ 601. Competency
MIRANDA/VOLUNTARINESS
Custodial
interrogation and
§ 511(a)(1). Custodial Interrogation
Preliminary questions involving
§ 104(a), Note. Determinations Made by the Court
MISSING
WITNESS
Argument by counsel
§ 1111(a). Argument by Counsel
Availability of
witness
§ 1111(b), Note. Jury Instruction
Criminal cases
§ 1111(b), Note. Jury Instruction
Distinction
between insufficient evidence argument and missing
witness argument
§ 1111(a), Note. Argument by Counsel
Explanation for
failure to call
§ 1111(b), Note. Jury Instruction
Foundation for
instruction on
§ 1111(b), Note. Jury Instruction
Friendliness,
hostility of witness
§ 1111(b), Note. Jury Instruction
Judicial approval
for argument
§ 1111(a). Argument by Counsel
§ 1111(b), Note. Jury Instruction
Jury instruction
§ 1111(b). Jury Instruction
Noncumulative
testimony
§ 1111(b), Note. Jury Instruction
MOTIONS
In limine
§ 103(a). Admission or Exclusion of Evidence, (3)
§ 103(c), Note. Hearing of Jury
§ 404(a)(1), Note. Character of the Accused
§ 504(a)(1), Note.
General Rule
§ 609, Note. Impeachment by Evidence of Conviction
of Crime
§ 801(d)(1)(C), Note. Identification
§ 1108(g). Use of Presumptively Privileged
Records at Trial
Pursuant to Mass. R.
Crim. P. 17(a)(2)
§ 1108(a). Filing and Service of the Motion
To strike
§ 103(a). Admission or Exclusion of Evidence, (1)
§ 104(b). Relevancy Conditioned on Fact, (2)
§ 611(a), Note. Control by Court
§ 801(d)(2)(E), Note. Admission by Party-Opponent
§ 1104, Note. Witness Cooperation Agreements
To suppress
§ 103(a). Admission or Exclusion of Evidence, (4)
§ 103(c), Note. Hearing of Jury
§ 104(a), Note. Determinations
Made by the Court–11
§ 104(d), Note. Testimony by Accused
§ 511(c)(2), Note. Waiver by Witness’s Testimony
§ 1101(d). Motions to Suppress
NEGLIGENCE
Liability insurance
§ 411. Insurance
Remedial measures
§ 407. Subsequent Remedial Measures
NOTICE, JUDICIAL
Adjudicative
facts
§ 201. Judicial Notice of Adjudicative Facts
Law
§ 202. Judicial Notice of Law
Timing of
§ 201(c). When Taken
OATH OR AFFIRMATION
§ 603. Oath or Affirmation
OBJECTIONS
Calling or questioning of witnesses by the court
§ 614(c). Objections
Doctrine of completeness
§ 106(a), Note. Remainder of Writings or Recorded
Statements
Evidence of private conversations
§ 504(b)(1), Note. General Rule
Expert testimony
§ 702, Note. Testimony by Experts
Forfeiture of right to
§ 804(b)(6), Note. Forfeiture by Wrongdoing
Generally
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
Hearsay
§ 801(d)(2)(A), Note. Admission by Party-Opponent
§ 802, Note. Hearsay Rule
§ 804(b)(5)(E), Note. Medical Reports of Disabled
or Deceased
Physicians as Evidence in Workers’ Compensation Proceedings–299
§ 804(b)(6), Note. Forfeiture by Wrongdoing
Interrogation by jurors
§ 614(d), Note. Interrogation by Jurors
Voluntariness of a defendant’s statement
§ 104(a), Note. Determinations Made by the Court
OFFERS OF PROOF
§ 103(a). Admission or Exclusion of Evidence, (2)
OFFERS TO COMPROMISE
§ 408. Compromise and Offers to Compromise in
Civil Cases
OFFICIAL NOTICE
§ 201(b)(2), Note. Kinds of Facts
OFFICIAL PUBLICATIONS
§ 902(e). Official Publications
OPINIONS, EXPERT WITNESSES
About law
§ 704, Note. Opinion on Ultimate Issue
Based on evidence
collected or created by absent expert
§ 703, Note. Bases of
Opinion Testimony by Experts
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Article
VIII, Intro. (a)(3). Expert Testimony–236
Basis of
§ 703. Bases of Opinion Testimony by Experts
Certitude of
§ 702, Note. Testimony by Experts
Disclosure of underlying facts
§ 705. Disclosure of Facts or Data Underlying
Expert Opinion
Firearm/ballistics
identification
§ 702,
Note. Testimony by Experts, 217
Article
VIII, Intro. (a)(2). Records Admitted
Without Live Testimony
Form of
§ 702. Testimony by Experts
Generally
§ 702. Testimony by Experts
Inaccurate forensic analysis
§ 703, Note. Bases of
Opinion Testimony by Experts
In medical malpractice
actions
§ 409(c). Medical Malpractice
Claims
Testimony
§ 702. Testimony by Experts
To establish the
composition of a drug
Article VIII, Intro. (a)(2).
Records
Admitted Without Live Testimony–233
Ultimate issue
§ 704. Opinion on Ultimate Issue
ORIGINALS
§ 1001(b). Original
§ 1003, Note. Admissibility of Duplicates
§ 1004. Admissibility of Other Evidence of
Contents
§ 1006. Summaries
§ 1008. Functions of Judge and Fact Finder
PARTY-OPPONENT, ADMISSION BY
§ 801(d)(2). Admission by Party-Opponent
PARTY WITNESS, IMPEACHMENT OF
§ 607. Who May Impeach
PAST BEHAVIOR
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
PAST RECOLLECTION RECORDED
§ 803(5). Past Recollection Recorded
PENAL
INTEREST
Statement
against
§ 804(b)(3), Note. Statement Against Interest
Statement
against, exception
§ 1105. Note. Constitutional Considerations
PERSONAL, FAMILY, OR GENERAL HISTORY,
JUDGMENTS AS TO
§ 803(23). Judgment as to Personal, Family, or
General History,
or Boundaries
PERSONAL KNOWLEDGE
Conduct
§ 405. Methods of Proving Character
Expert witness
§ 703. Bases of Opinion Testimony by Experts
Lack of
§ 602. Lack of Personal Knowledge
PHOTOGRAPHS
Admissibility of
§ 1002. Requirement of Original (Best Evidence
Rule)
§ 1112(b)(3). Admissibility of Photographs
Authentication of
§ 901(a), Note. General Provision
Of defendant/suspect
§ 511(a)(2), Note. Refusal Evidence
§ 701, Note. Opinion Testimony by Lay Witnesses
§ 1112(b). Photographic Array
Of person other than defendant
§ 806, Note. Attacking
and Supporting Credibility of Hearsay Declarant
Of victim
§ 403, Note. Grounds for Excluding Relevant
Evidence
PHOTOGRAPHIC
ARRAYS
§ 801(d)(1)(C), Note.
Identification
§ 1112(a),
Note. Eyewitness Identification Generally
§ 1112(b). Photographic Array
PLAIN ERROR
§ 103(d). Substantial Risk of a Miscarriage of
Justice in Criminal Cases
PLEAS, ADMISSIBILITY OF
Offers to plead
§ 410. Inadmissibility of Pleas, Offers of Pleas,
and Related Statements
Related
statements
§ 410. Inadmissibility of Pleas, Offers of Pleas,
and Related Statements
POLITICAL VOTER DISQUALIFICATION
§ 516. Political Voter Disqualification
PREJUDICE
Curative admissibility and
§ 106(b). Curative Admissibility
DNA analysis and
§ 702, Note. Testimony by Experts
Exclusion of evidence
§ 103(a)(2), Note. Admission or Exclusion of
Evidence
§ 403. Grounds for Excluding Relevant Evidence
Probative value of evidence versus
§ 401, Note. Relevant
Evidence
§ 402,
Note. Relevant Evidence Generally Admissible; Irrelevant
Evidence Inadmissible
§ 403. Grounds for Excluding Relevant Evidence
§ 404(b), Note. Other Crimes,
Wrongs, or Acts–43
§ 407(b), Note. Limited Admissibility
§ 411(b), Note. Limited Admissibility
§ 413(b). Admissibility of Additional Reports of
a Sexual Assault
Under an Alternative Evidentiary Basis
§ 609, Note. Impeachment by Evidence of Conviction
of Crime
§ 705, Note. Disclosure of Facts or Data
Underlying Expert Opinion
§ 801(d)(2)(D),
Note. Admission by Party-Opponent
§ 803(5)(B),
Note. Past Recollection Recorded
§ 1002, Note. Requirement of Original
(Best Evidence Rule)
§ 1105, Note. Third-Party Culprit Evidence
§ 1107, Note. Inadequate Police Investigation
Evidence
Spoliation and
§ 1102, Note. Spoliation or Destruction
of Evidence–341
PRELIMINARY DETERMINATION, ADMISSIBILITY
§ 104. Preliminary Questions
PRELIMINARY HEARINGS
§ 104. Preliminary Questions
PRESENTATION OF EVIDENCE
§ 403. Grounds for Excluding Relevant Evidence
§ 611. Manner and Order of Interrogation and
Presentation
PRESENT SENSE IMPRESSION
§ 803(1). Present Sense Impression
PRESUMPTIONS
Civil cases
§ 301(d). Presumptions
Criminal cases
§ 302(d). Presumptions
PRIMA FACIE EVIDENCE
Civil
§ 301(c). Prima Facie Evidence
Criminal
§ 302(c). Prima Facie Evidence
PRIOR BAD ACTS
§ 403, Note. Grounds for Excluding Relevant
Evidence
§ 404(b). Other Crimes, Wrongs, or Acts
PRIOR CONSISTENT STATEMENTS
§ 613(b). Prior Consistent Statements
PRIOR INCONSISTENT STATEMENTS
§ 413(a), Note. Admissibility of First Complaint
§ 613(a). Prior Inconsistent Statements
§ 801(d)(1)(A). Prior Inconsistent Statement
Before a Grand Jury,
at a Trial, at a Probable Cause Hearing, or at a Deposition
PRIOR RECORDED TESTIMONY
§ 804(b)(1). Prior Recorded Testimony
PRIOR SEXUAL CONDUCT
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
PRIVILEGES AND DISQUALIFICATIONS
Attorney-client
privilege
§ 502. Attorney-Client Privilege
§ 523(b)(2),
Note. Conduct Constituting Waiver
§ 523(c)(2),
Note. Conduct Not Constituting Waiver
Comment on or inference from claim of privilege
§ 525. Comment upon or Inference from Claim of
Privilege
Confidentiality versus privilege
Article V, Intro. (d). Confidentiality Versus
Privilege
Article V, Intro. (f). Examples of Relationships in
Which There May Be
a Duty to Treat Information as Confidential Even Though There Is
No Testimonial Privilege
Deliberation privilege (legislature)
Article V, Intro. (h)(2). Legislative Deliberation
Privilege
Disclosure of
privilege
§ 524. Privileged Matter Disclosed Erroneously or
Without Opportunity
to Claim Privilege
Domestic violence victims’ counselor privilege
§ 505. Domestic Violence Victims’ Counselor
Privilege
Establishing
existence of privilege
§ 104(a), Note. Determinations Made by the Court
Executive privilege (governmental)
§ 518. Executive or Governmental Privilege
Fair report privilege
Article V, Intro. (h)(3). Fair Report Privilege
Human service professional privilege
§ 508. Allied Mental Health or Human Services
Professional Privilege
Impounding versus sealing privileged material
Article V, Intro. (e). Impounding Versus Sealing
Informant
privilege
§ 509(a). Identity of Informer
Interpretation of privileges
Article V, Intro. (b). Interpretation of Privileges
Interpreter-client
privilege
§ 522. Interpreter-Client Privilege
Investigatory
privilege
§ 515. Investigatory Privilege
Judicial deliberation privilege
§ 527. Judicial Deliberation Privilege
Juror privilege
§ 606(b). Inquiry into Validity of Verdict or
Indictment
Litigation privilege
Article V, Intro. (h)(1). Immunity from Liability
(Litigation Privilege)
Mediation privilege
§ 514. Mediation Privilege
Medical peer review privilege
§ 513. Medical Peer Review Privilege
Mental health professional privilege
§ 508. Allied Mental Health or Human Services
Professional Privilege
Nonevidentiary privileges
Article V, Intro. (h)(1). Immunity from Liability
(Litigation Privilege)
Article V, Intro.
(h)(2). Legislative Deliberation Privilege
Article V, Intro.
(h)(3). Fair Report Privilege
Not self-executing,
generally
Article V, Intro. (c). Most Privileges Are Not
Self-Executing
Parent-child
disqualification
§ 504(c). Parent-Child Disqualification
Privilege
against self-incrimination
§ 511. Privilege Against Self-Incrimination
Production of presumptively privileged records
Article V, Intro. (g). Production of Presumptively
Privileged Records
from Nonparties Prior to Trial in Criminal Cases
Psychotherapist-patient privilege
§ 503. Psychotherapist-Patient Privilege
Religious
privilege
§ 510. Religious Privilege
Sexual assault counselor–victim privilege
§ 506. Sexual Assault Counselor–Victim Privilege
Sign language interpreter–client privilege
§ 521. Sign Language Interpreter–Client Privilege
Social
worker–client privilege
§ 507. Social Worker–Client Privilege
Spousal
disqualification
§ 504(b). Spousal Disqualification
Spousal privilege
§ 504(a). Spousal Privilege
§ 804(b)(6),
Note. Forfeiture by Wrongdoing
Surveillance location privilege
§ 509(b). Surveillance Location
Tax return preparer privilege
§ 520. Tax Return
Preparer
Tax return privilege
§ 519. State and Federal Tax Returns
Trade secrets
privilege
§ 517. Trade Secrets
Unemployment
hearing privilege
§ 526. Unemployment Hearing Privilege
Waiver of privilege
§ 523. Waiver of Privilege
PROBATIVE VALUE OF EVIDENCE
§ 104. Preliminary Questions
§ 401. Relevant Evidence
§ 705, Note. Disclosure
of Facts or Data Underlying Expert Opinion
PROCESS OR SYSTEM, AUTHENTICATION
§ 901(b)(9). Process or System
PRODUCTION OF ORIGINAL
§ 1002. Requirement of Original (Best Evidence
Rule)
PROFFER
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
PROOF, OFFER OF
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
PROPERTY
Documents affecting interest in, records of
§ 803(14). Records or Documents Affecting an
Interest in Property
Documents affecting interest in, statements in
§ 803(15). Statements in Documents Affecting an
Interest in Property
PSYCHIATRIC
AND PSYCHOLOGICAL RECORDS
Article V, Intro. (e). Impounding Versus Sealing
§ 1103(a). Hearsay That Is Admissible
PUBLIC RECORDS AND REPORTS
Admissibility
of
§ 803(8). Official/Public Records and Reports
§ 1005. Official
Records
Authentication
of
§ 901(b)(7). Public Records or Reports
§ 902(d). Certified Copies of Public Records
Copies of
§ 901(b)(7)(B). Copies
§ 902(d). Certified Copies of Public Records
Proof of specific
types of
§ 901(b)(7)(B), Note. Copies
QUALIFICATIONS, EXPERT WITNESSES
§ 702. Testimony by Experts
RAPE-SHIELD LAW
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
REBUTTAL
Generally
§ 611(d). Rebuttal Evidence
Of character evidence
§ 404(a). Character Evidence Generally
Of claim of recent contrivance or bias
§ 613(b)(2). Exception
Of consciousness of guilt or liability evidence
§ 1110(c). Rebuttal
Of contention of undue delay
§ 408. Compromise and Offers to Compromise in
Civil Cases
Of deceased physician’s report
§ 804(b)(5)(D). Reports of Deceased Physicians in
Tort Actions
Of defendant’s allegation of fabrication
§ 413(b), Note. Admissibility of Additional
Reports of a Sexual Assault
Under an Alternative Evidentiary Basis
Of false testimony
§ 609, Note. Impeachment by Evidence of
Conviction of Crime
Of presumption
§ 301(d). Presumptions
Of prima facie evidence
§ 301(c). Prima Facie Evidence
Of reputation evidence
§ 405(a), Note. Reputation
RECORDED RECOLLECTION
§ 803(5). Past Recollection Recorded
RECORDS
Admitted without live testimony
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Business
Article VIII, Intro. (a)(2).
Records Admitted Without Live Testimony–234
§ 803(6). Business and Hospital Records
§ 902(i), Note.
Commercial Paper and Related Documents
Family
§ 803(13). Family Records
Foreign public
§ 902(c). Foreign Official Records
Impounding versus sealing
Article V, Intro. (e). Impounding Versus Sealing
Inspection of
§ 1108(d). Inspection of Records
Judicial
§ 902. Self-Authentication
Medical and hospital
records
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
Article VIII, Intro. (a)(1)(C). Whether the Statements Were Made
to Non–Law Enforcement Personnel
§ 803(4). Statements for Purposes of Medical
Diagnosis or Treatment
§ 803(6)(B). Hospital Records
§ 902(k). Certified
Copies of Hospital and Other Records of Treatment
and Medical History
§ 902(l). Copies of Hospital and Other Records of
Itemized Bills
and Reports
§ 1103(a). Hearsay That Is Admissible
Medical peer
review committee
§ 513(b)(1). Proceedings, Reports, and Records of
Medical Peer
Review Committee
Presumptively privileged records
Article V, Intro. (g). Production of Presumptively
Privileged Records
from Nonparties Prior to Trial in Criminal Cases
§ 1108(c). Summons and Notice to Record Holder,
(2)
§ 1108(d)(2).
Presumptively Privileged Records
§ 1108(f). Disclosure of Presumptively Privileged
Records
§ 1108(g). Use of Presumptively Privileged
Records at Trial
Psychiatric and psychological records
§ 1103(a). Hearsay That Is Admissible
Public records or reports
§ 803(8). Official/Public Records and Reports
§ 901(b)(7). Public Records or Reports
§ 902(d). Certified Copies of Public Records
§ 1005. Official
Records
Records affecting
interest in property
§ 803(14). Records or Documents Affecting an
Interest in Property
Records defined
§ 1001(a). Writings and Records
Records of vital statistics
§ 803(9). Records of
Vital Statistics
Religious organization records
§ 803(11). Records of Religious Organizations
§ 804(b)(7). Religious Records
Sexual offender
registry records
Article VIII, Intro. (a)(2). Records Admitted Without Live Testimony
Third-party
records
§ 1108. Access to Third-Party Records Prior to
Trial in Criminal Cases
(Lampron-Dwyer Protocol)
REDACTION
Of amounts paid by health insurers
§ 411(b), Note. Limited Admissibility
Of documents in sexually
dangerous person proceedings
§ 1103, Note. Sexually
Dangerous Person Proceedings
§ 1103(a),
Note. Hearsay That Is Admissible
§ 1103(b),
Note. Hearsay That May Be Admissible
Of informant’s identity
§ 509(a)(2),
Note. Identity of Informer
Of information not germane
to treatment in medical records
§ 803(6)(C),
Note. Medical and Hospital Services
Of nature of prior offense
§ 609, Note. Impeachment by
Evidence of Conviction of Crime
Of presumptively privileged records
§ 1108(f). Disclosure of Presumptively Privileged
Records, (2)
§ 1108(g). Use of Presumptively Privileged
Records at Trial, (3)
Of Sexual Assault Evidence Collection Kit forms
§ 803(6)(B), Note. Hospital Records
Of witness cooperation agreements
§ 1104. Witness Cooperation Agreements
To protect personal privacy
§ 402, Note. Relevant Evidence Generally
Admissible; Irrelevant
Evidence Inadmissible
REDIRECT EXAMINATION
Of expert witnesses
§ 803(18)(B), Note. Use in Cross-Examination of
Experts
Regarding matters raised during cross-examination
§ 609, Note. Impeachment by Evidence of
Conviction of Crime
Regarding witness cooperation agreements
§ 1104. Witness Cooperation Agreements
Scope of
§ 611(e). Scope of Subsequent Examination
REFRESHMENT OF MEMORY
§ 612. Writing or Object Used to Refresh Memory
RELEVANT EVIDENCE
Admissibility
§ 402. Relevant Evidence Generally Admissible;
Irrelevant Evidence
Inadmissible
Defined
§ 401. Relevant Evidence
RELIGIOUS ORGANIZATION RECORDS
§ 803(11). Records of Religious Organizations
§ 804(b)(7). Religious Records
REMEDIAL MEASURES
Exclusion of evidence of
§ 407(a). Exclusion of Evidence of Subsequent
Remedial Measures
Limited admissibility
§ 407(b). Limited Admissibility
REOPENING CASE
§ 611(f). Reopening
REPUTATION
As evidence of
character trait
§ 404(a). Character Evidence Generally
Boundaries
§ 803(20). Reputation Concerning Boundaries or
General History
Character
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
Criminal sexual
assault
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Impeachment of witness
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
Knowledge of
witness
§ 405. Methods of Proving Character
ROUTINE PRACTICE
§ 406. Routine Practice of Business; Individual
Habit
RULINGS
§ 103. Rulings on Evidence, Objections, and
Offers of Proof
§ 104. Preliminary Questions
SCOPE
See individual topics
SELF-AUTHENTICATION
§ 902. Self-Authentication
SELF-DEFENSE
Burden of production of defendant
§ 302(d)(2), Note. Presumptions
Character of victim
§ 404(a)(2). Character of the Victim
State of mind of victim
§ 803(3)(B)(ii), Note. Then-Existing Mental,
Emotional,
or Physical Condition
SEQUESTRATION
§ 615. Sequestration of Witnesses
SETTLEMENTS
Compromises and offers to compromise
§ 408, Note. Compromise and Offers to Compromise
in Civil Cases
Confidentiality of offer to
settle
§ 502(a)(5), Note. Definitions
Evidence of settlement with another defendant
§ 411(b), Note. Limited Admissibility
SEXUAL ASSAULT
First complaint (see FIRST COMPLAINT OF SEXUAL ASSAULT)
Rape-shield law
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Reputation of complaining witness
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
SAIN evidence/Sexual
Assault Evidence Collection Kit
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
§ 803(6)(B), Note.
Hospital Records
SEXUAL CONDUCT, PRIOR
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
SEXUALLY DANGEROUS PERSON PROCEEDING
§ 1103. Sexually Dangerous Person Proceedings
SEXUAL OFFENDER REGISTRY
Hearings
§ 1101(c)(3). Miscellaneous
Proceedings
Records
Article VIII, Intro. (a)(2).
Records Admitted Without Live Testimony
§ 803(6)(A), Note.
Entry, Writing, or Record Made in Regular Course
of Business
SHOWUPS
§ 801(d)(1)(C), Note.
Identification
§ 1112(a),
Note. Eyewitness Identification Generally
§ 1112(c).
Showup Identification
SOCIAL-NETWORKING
WEB SITE
§ 901(b)(11), Note. Electronic or Digital
Communication
SPOLIATION OR DESTRUCTION OF EVIDENCE
§ 1102. Spoliation or Destruction of Evidence
§ 1110(a), Note.
Criminal Cases
§ 1110(b), Note. Civil
Cases
STATEMENTS
By juror
§ 606(b). Inquiry into
Validity of Verdict or Indictment
Defined
§ 801(a). Statement
Doctrine of completeness
§ 106. Doctrine of Completeness
Expressions of
sympathy
§ 409(a). Expressions
of Sympathy in Civil Cases
§ 409(c). Medical Malpractice Claims
False
§ 509(a), Note. Identity of Informer–114
§ 609, Note. Impeachment by Evidence
of Conviction of Crime, 178
§ 801(d)(2)(B), Note. Admission by
Party-Opponent–249
§ 1110(a), Note. Criminal Cases
§ 1110(b), Note. Civil Cases
For the purpose
of medical treatment
Article VIII, Intro. (a)(1)(C). Whether the
Statements Were Made
to Non–Law Enforcement Personnel
§ 803(4). Statements for Purposes of Medical
Diagnosis or Treatment
Hearsay (see HEARSAY)
In sexually
dangerous person proceedings
§ 1103, Note. Sexually
Dangerous Person Proceedings–346
Made during
criminal responsibility examination
§ 511(a)(3), Note.
Compelled Examination
Made in compromise
negotiations
§ 408. Compromise and
Offers to Compromise in Civil Cases
Of third party
§ 1105, Note.
Third-Party Culprit Evidence
Of victim
§ 404(a)(2). Character
of the Victim
§ 413. First Complaint
of Sexual Assault
Out-of-court
statements
§ 608(a)(2), Note. Reputation
Evidence of Character
§ 801(c), Note.
Hearsay–242
§ 1101(d). Motions to
Suppress
Prior
§ 607, Note. Who May
Impeach
§ 613. Prior Statements
of Witnesses, Limited Admissibility
§ 801(d)(1). Prior Statement by Witness
Regarding pleas
§ 410. Inadmissibility
of Pleas, Offers of Pleas, and Related Statements
Suppressed
statement used to refresh witness’s memory
§ 612(b)(3).
Suppressed Statement
Testimonial versus nontestimonial
Article VIII, Intro. (a)(1). Testimonial Versus Nontestimonial;
the Primary Purpose Test
Voluntariness of
§ 104(a), Note.
Determinations Made by the Court
STATUTORY PRESUMPTIONS
§ 301. Civil Cases
§ 302. Criminal Cases
§ 902(j). Presumptions Created by Law
SUBSCRIBING WITNESS
§ 903. Subscribing Witness Testimony Not
Necessary
SUMMARIES
§ 1006. Summaries
SUPPRESSION
Applicability of
evidentiary sections to
§ 1101(d). Motions to Suppress
As evidence of
consciousness of liability
§ 1110(b), Note. Civil Cases
Denial of, on
constitutional grounds
§ 103(a). Admission or Exclusion
of Evidence, (4)
Hearings
§ 104(a), Note. Determinations
Made by the Court
§ 104(d), Note. Testimony by
Accused
§ 511(c)(2), Note. Waiver by
Witness’s Testimony
§ 1101(d). Motions to Suppress
Motions to
suppress
§ 1101(d). Motions to Suppress
Of defendant’s
statement
§ 104(a), Note. Determinations
Made by the Court–11
Of false statement
§ 509(a), Note. Identity of
Informer–114
Statements made at
suppression hearings
§ 1101(d), Note. Motions to
Suppress
Suppressed
statement used to refresh witness’s memory
§ 612(b)(3).
Suppressed Statement
TESTIMONY
Accused
§ 104(d). Testimony by Accused
Basis of, expert
§ 703. Bases of Opinion Testimony by Experts
Expert (see
EXPERT TESTIMONY; EXPERT WITNESSES)
False
§ 1110(a),
Note. Criminal Cases
§ 1110(b),
Note. Civil Cases
First complaint witness
§ 413. First Complaint of Sexual Assault
Former, hearsay exception
§ 804(b)(1). Prior Recorded Testimony
Lay witnesses
§ 701. Opinion Testimony by Lay Witnesses
Missing witness, expected testimony of
§ 1111(b). Jury Instruction
Opinion
§ 701. Opinion Testimony by Lay Witnesses
§ 702. Testimony by Experts
Police officer
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
Preliminary matters
§ 104. Preliminary Questions
Prior recorded testimony
§ 804(b)(1). Prior Recorded Testimony
Records admitted without
Article VIII, Intro. (a)(2). Records Admitted Without
Live Testimony
Suborning a witness to provide false testimony
§ 1110(b),
Note. Civil Cases
Subscribing witnesses
§ 903. Subscribing Witness Testimony Not
Necessary
Suppressed
statement used to refresh memory for
§ 612(b)(3).
Suppressed Statement
Third-party observer
§ 1112(e).
Testimony of Third-Party Observer
Ultimate issue
§ 704. Opinion on Ultimate Issue
Victim, at a pretrial dangerousness hearing
§ 804(b)(1), Note. Prior Recorded Testimony
THIRD-PARTY CULPRIT
§ 1105. Third-Party Culprit Evidence
ULTIMATE ISSUE, ADMISSIBILITY OF OPINION
TESTIMONY
§ 704. Opinion on Ultimate Issue
VERDICT
Evidence
of consciousness of guilt as basis for
§ 1110(a). Criminal
Cases
Inquiry
into validity of
§ 606(b). Inquiry into
Validity of Verdict or Indictment
Reduction
of
§ 103(d),
Note. Substantial Risk of a Miscarriage of Justice
in Criminal Cases
Reduction
of damages after
§ 411(b), Note. Limited
Admissibility
VICTIM
Admissibility of
photographs of
§ 403,
Note. Grounds for Excluding Relevant Evidence
Character
§ 404. Character Evidence Not Admissible to Prove
Conduct;
Exceptions; Other Crimes
§ 405(c). Violent Character of the Victim
Impeachment of
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual Assault
Under an Alternative Evidentiary Basis
Inability of to
recall details of first complaint
§ 413(a), Note. Admissibility of First Complaint
Past behavior
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Prior sexual
conduct
§ 412. Past Sexual Conduct and Alleged Sexual
Reputation
(Rape-Shield Law)
Privileges
Article V, Intro. (c). Most Privileges Are Not
Self-Executing
§ 505. Domestic Violence Victims’ Counselor
Privilege
§ 506. Sexual Assault Counselor–Victim Privilege
§ 524. Privileged Matter Disclosed Erroneously or
Without Opportunity
to Claim Privilege
Psychological and counseling records
Article V, Intro. (e). Impounding Versus Sealing
Records
§ 1108(a). Filing and Service of
the Motion, (3)
Restitution
§ 1101(c)(3), Note.
Miscellaneous Proceedings
Statements
§ 413(b), Note. Admissibility of Additional Reports of a
Sexual
Assault Under an Alternative Evidentiary Basis–69
Article VIII, Intro. (a)(1)(B). The Formality of
the Statements
and the Actions of the Parties Involved
§ 804(b)(2). Statement Made Under Belief of
Impending Death
§ 1103(a), Note. Hearsay That Is Admissible
State of mind
§ 803(3)(B)(ii), Note.
Then-Existing Mental, Emotional, or Physical
Condition
Testimony at a
pretrial dangerousness hearing
§ 804(b)(1), Note.
Prior Recorded Testimony
VIEWS
Availability of
§ 1109(a). Availability
Conduct during
§ 1109(b). Conduct
Payment of cost of
§ 1109(d). Costs
Unauthorized
views of sites by jurors
§ 606(b), Note. Inquiry into Validity of Verdict or
Indictment
Use of
observations made during
§ 1109(c). Status
VITAL RECORDS, CERTIFIED COPIES
§ 902(d). Certified Copies of Public Records
VITAL STATISTICS RECORDS
§ 803(9). Records of Vital Statistics
VOIR DIRE
Of child
§ 803(24)(B), Note. Reliability of Statement
Of deliberating juror
§ 606(b), Note. Inquiry into Validity of Verdict
or Indictment
Of juror during trial
§ 606(b), Note. Inquiry into Validity of Verdict
or Indictment, 171
Of potential juror
§ 606(b), Note. Inquiry into Validity of Verdict
or Indictment–170
Privilege against self-incrimination during
§ 511(c)(2), Note. Waiver by Witness’s Testimony
Regarding
consciousness of guilt evidence
§ 1110(a), Note. Criminal Cases
Regarding ethnic or racial bias
§ 606(b), Note. Inquiry into Validity of Verdict
or Indictment
Regarding excited utterance
§ 803(2), Note. Excited Utterance (Spontaneous
Utterance)
Regarding feigning lack of memory
§ 801(d)(1)(A), Note. Prior Inconsistent
Statement Before a Grand Jury,
at a Trial, at a Probable Cause Hearing, or at a Deposition
Regarding intent to assert privilege
§ 525(b)(2), Note. Criminal Case
Regarding spousal privilege
§ 504(a)(1), Note. General Rule
Regarding
suppressed statement used to refresh witness’s memory
§ 612(b)(3).
Suppressed Statement
Regarding third-party culprit evidence
§ 1105, Note. Third-Party Culprit Evidence
Regarding witness’s mental condition
§ 601(c), Note. Preliminary Questions–161
VOUCHING
§ 704, Note. Opinion on Ultimate Issue
WEB SITE
§ 901(b)(11), Note. Electronic or Digital
Communication
WEIGHT OF EVIDENCE
Bowden evidence
§ 1107, Note. Inadequate Police Investigation
Business records
§ 803(6)(A), Note. Entry, Writing, or Record Made
in Regular Course
of Business
Defects in the chain of custody and
§ 402, Note. Relevant Evidence Generally
Admissible; Irrelevant
Evidence Inadmissible
Electronic
communications and e-mail
§ 901(b)(11), Note. Electronic or Digital
Communication
Evidence of
consciousness of liability
§ 1110(b), Note. Civil Cases
Expert testimony
§ 702, Note. Testimony by Experts, 211, 215
First complaint
testimony
§ 413(a), Note. Admissibility of First Complaint
Introduction of evidence relevant to
§ 104(e). Weight and Credibility
Jury’s role
§ 401, Note. Relevant Evidence
§ 1008. Functions of Judge and Fact Finder
Past sexual
conduct and reputation
§ 412(c). Procedure to Determine Admissibility
Photograph or
digital image
§ 1002, Note. Requirement of Original (Best
Evidence Rule)
Reports in
official publications, trade journals, or newspapers
§ 803(17), Note.
Statements of Facts of General Interest
Secondary evidence of
contents of writing or record
§ 1008. Functions of
Judge and Fact Finder
Third-party culprit
evidence
§ 1107, Note.
Inadequate Police Investigation
WITNESS
Adverse
§ 607. Who May Impeach
Bias, impeachment for
§ 610. Religious Beliefs or Opinions
Calling by court
§ 614. Calling and Interrogation of Witnesses by
Court or Jurors
Character of
§ 608. Impeachment by Evidence of Character and
Conduct of Witness
Child
§ 601. Competency
Competency
§ 601. Competency
Cooperation agreements
§ 1104. Witness Cooperation Agreements
Court personnel, competency as
§ 605. Competency of Judge as Witness
Credibility
§ 104. Preliminary Questions
Cross-examination
of
§ 104. Preliminary Questions
§ 611. Manner and Order of Interrogation and
Presentation
Direct examination of
§ 611. Manner and Order of Interrogation and
Presentation
Exclusion of
§ 615. Sequestration of Witnesses
Expert (see
EXPERT TESTIMONY; EXPERT WITNESSES)
Eyewitness
§ 1112.
Eyewitness Identification
Failure to call
§ 1111(b). Jury Instruction, (4)
Feigning lack of memory
§ 801(d)(1)(A), Note.
Prior Inconsistent Statement Before a Grand Jury,
at a Trial, at a Probable Cause Hearing, or at a Deposition
First complaint
witness
§ 413. First Complaint of Sexual Assault
Harassment
§ 611. Manner and Order of Interrogation and
Presentation
§ 1106, Note. Abuse Prevention Act Proceedings
Hostile
§ 611. Manner and Order of Interrogation and
Presentation
Immunity
§ 511(c)(5). Immunity
Impeachment of (see
IMPEACHMENT)
Incompetency, finding of
§ 601. Competency
Interrogation by court
§ 614. Calling and Interrogation of Witnesses by
Court or Jurors
Intimidation
§ 1110(a), Note.
Criminal Cases
Judge as
§ 527. Judicial Deliberation Privilege
§ 605. Competency of Judge as Witness
Juror as
§ 606. Competency of Juror as Witness
Lack of personal
knowledge of
§ 602. Lack of Personal Knowledge
Missing
§ 1111. Missing Witness
Oath
§ 603. Oath or Affirmation
Out of order
§ 611(a). Control by Court
Prior statements
of
§ 613. Prior Statements of Witnesses, Limited
Admissibility
Privilege
§ 511(b). Privilege of a Witness
Production or procurement of
§ 1111(b), Note. Jury Instruction
Protected
§ 509(c). Protected Witness
Qualification
§ 104. Preliminary Questions
Questioning of by
court
§ 614(b). Interrogation by Court
Questioning of by jurors
§ 614(d). Interrogation by Jurors
Recollection of,
refreshed
§ 612. Writing or Object Used to Refresh Memory
Sequestration of
§ 615. Sequestration of Witnesses
Suborning to provide false testimony
§ 1110(b), Note. Civil Cases
Subscribing
§ 903. Subscribing Witness Testimony Not
Necessary
Unavailable
§ 413(a), Note. Admissibility of First Complaint
Article VIII, Intro. (a). Confrontation Clause and
Hearsay in Criminal
Cases
§ 804. Hearsay Exceptions; Declarant Unavailable
§ 806, Note. Attacking and Supporting Credibility
of Hearsay Declarant
Witness cooperation agreements
§ 1104. Witness Cooperation Agreements
WORK-PRODUCT DOCTRINE
§ 502(d)(6), Note. Public Officer or Agency
WRITINGS
Ancient
§ 803(16). Statements in Ancient Documents
Contents of (see CONTENTS OF WRITINGS, PROOF)
Defined
§ 1001. Definitions
Disputed
§ 901. Requirement of Authentication or
Identification
Doctrine of completeness
§ 106. Doctrine of Completeness
Made in the regular
course of business
§ 803(6)(A). Entry,
Writing, or Record Made in Regular Course
of Business
Used to impeach
§ 613. Prior Statements of Witnesses, Limited
Admissibility
Used to refresh
memory
§ 612. Writing or Object Used to Refresh Memory