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

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

§ 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

§ 613(b)(2). Exception

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

§ 803(6). Business and Hospital Records

§ 902(i), Note. Commercial Paper and Related Documents

CERTIFICATES

Attested to by experts

Article VIII, Intro. (a)(2). Certificates

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

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). Certificates

Cross-examination regarding bias or prejudice

§ 611(b)(2), Note. Bias and Prejudice

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

Privileged communications

§ 506(b). Privilege

§ 523(c)(1), Note. Conduct Not Constituting Waiver

Records and reports

§ 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

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

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

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 defendant

§ 104(d). Testimony by Accused

§ 1101(d), Note. Motions to Suppress

Of complainant

§ 413. First Complaint of Sexual Assault

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). Certificates

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

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)

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

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

Article VIII, Intro. (a)(3). Expert Testimony

Fairness to the Commonwealth

§ 611(b)(1), Note. In General

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–72

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 of

§ 803(6)(B), Note. Hospital Records

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

Lost or destroyed evidence and

§ 1102, Note. Spoliation or Destruction of Evidence

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

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

Inadvertent disclosure during

§ 523(c)(2), Note. Conduct Not Constituting Waiver

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

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

Article VIII, Intro. (a)(2). Certificates

“Likelihood ratios”

§ 702, Note. Testimony by Experts

Nuclear DNA analysis

§ 702, Note. Testimony by Experts

Profiles

§ 702, Note. Testimony by Experts

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

Article VIII, Intro. (a)(2). Certificates

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

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

§ 703, Note. Bases of Opinion Testimony by Experts

Article VIII, Intro. (a)(2). Certificates

Exclusion of

§ 103. Rulings on Evidence, Objections, and Offers of Proof

§ 403. Grounds for Excluding Relevant Evidence

Expert (see EXPERT TESTIMONY; EXPERT WITNESSES)

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

Firearm/ballistics identification

§ 702, Note. Testimony by Experts

Article VIII, Intro. (a)(2). Certificates

First complaint

§ 413. First Complaint of Sexual Assault

Forensics

§ 702, Note. Testimony by Experts

§ 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

“Missing”

§ 1111(a), Note. Argument by Counsel

§ 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

§ 412(c). Procedure to Determine Admissibility

§ 413(a), Note. Admissibility of First Complaint

§ 702, Note. Testimony by Experts

§ 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

Article VIII, Intro. (a)(2). Certificates

Basis of

§ 703. Bases of Opinion Testimony by Experts

Certitude of

§ 702, Note. Testimony by Experts

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

Fingerprint identification

§ 702, Note. Testimony by Experts

Firearm/ballistics identification

§ 702, Note. Testimony by Experts

Article VIII, Intro. (a)(2). Certificates

Five foundation requirements

§ 702, Note. Testimony by Experts

Forensics

§ 702, Note. Testimony by Experts

§ 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

Substituted experts

§ 703, Note. Bases of Opinion Testimony by Experts

Ultimate issue

§ 704. Opinion on Ultimate Issue

EXPERT WITNESSES

Certitude of opinion

§ 702, Note. Testimony by Experts

Competency

§ 702. Testimony by Experts

Court-appointed

§ 706. Court Appointed Experts

Exclusion of

§ 615. Sequestration of Witnesses

Inaccurate forensic analysis by

§ 703, Note. Bases of Opinion Testimony by Experts

Method used by

§ 702, Note. Testimony by Experts

Opinion, form of

§ 702. Testimony by Experts

Personal knowledge of

§ 702, Note. Testimony by Experts

§ 703. Bases of Opinion Testimony by Experts

Qualifications

§ 702. Testimony by Experts

Role of

§ 702, Note. Testimony by Experts

Substituted experts

§ 703, Note. Bases of Opinion Testimony by Experts

EXPRESSIONS OF SYMPATHY

§ 409. Expressions of Sympathy in Civil Cases; Payment of Medical
and Similar Expenses

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

FIREARM/BALLISTICS IDENTIFICATION

§ 702, Note. Testimony by Experts

Article VIII, Intro. (a)(2). Certificates

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

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

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

Extrajudicial

§ 801(d)(1)(C), Note. Identification

Facts accompanying

§ 801(d)(1)(C), Note. Identification

Of evidence (see AUTHENTICATION AND IDENTIFICATION)

Unnecessarily suggestive

§ 104(a), Note. Determinations Made by the Court

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

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

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

§ 413(a), Note. Admissibility of First Complaint

§ 525(a), Note. Civil Case

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 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

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 REPORTS

§ 413(b), Note. Admissibility of Additional Reports of a Sexual Assault
Under an Alternative Evidentiary Basis

§ 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

§ 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)

§ 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

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)(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). Certificates

Article VIII, Intro. (a)(3). Expert Testimony

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

Form of

§ 702. Testimony by Experts

Generally

§ 702. Testimony by Experts

Inaccurate forensic analysis

§ 703, Note. Bases of Opinion Testimony by Experts

Testimony

§ 702. Testimony by Experts

To establish the composition of a drug

Article VIII, Intro. (a)(2). Certificates

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

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

§ 402. Relevant Evidence Generally Admissible; Irrelevant Evidence
Inadmissible

§ 403. Grounds for Excluding Relevant Evidence

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

§ 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

§ 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

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

§ 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

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

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

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

Business

§ 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

§ 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

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

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

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–269

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

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

False

§ 509(a), Note. Identity of Informer

§ 609, Note. Impeachment by Evidence of Conviction of Crime

§ 1110(a), Note. Criminal Cases

§ 1110(b), Note. Civil Cases

Hearsay (see HEARSAY)

In sexually dangerous person proceedings

§ 1103, Note. Sexually Dangerous Person Proceedings

Made during criminal responsibility examination

§ 511(a)(3). 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(2). Character of the Victim

§ 413. First Complaint of Sexual Assault

Out-of-court statements

§ 608(a)(2), Note. Reputation Evidence of Character

§ 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

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

Of false statement

§ 509(a), Note. Identity of Informer

Statements made at suppression hearings

§ 1101(d), Note. Motions to Suppress

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

Suborning a witness to provide false testimony

§ 1110(b), Note. Civil Cases

Subscribing witnesses

§ 903. Subscribing Witness Testimony Not Necessary

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

Character

§ 404. Character Evidence Not Admissible to Prove Conduct;
Exceptions; Other Crimes

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)

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

Of potential juror

§ 606(b), Note. Inquiry into Validity of Verdict or Indictment

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 third-party culprit evidence

§ 1105, Note. Third-Party Culprit Evidence

Regarding witness’s mental condition

§ 601(c), Note. Preliminary Questions

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

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)

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

§ 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

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), Note. 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