ARTICLE I. GENERAL PROVISIONS
101. Title
102. Purpose and Construction
103. Rulings on Evidence, Objections, and Offers of Proof
(a) Admission or Exclusion of Evidence
(b) Record of Offer and Ruling
(c) Hearing of Jury
(d) Substantial Risk of a Miscarriage of Justice
in Criminal Cases
104. Preliminary Questions
(a) Determinations Made by the Court
(b) Relevancy Conditioned on Fact
(c) Hearing of Jury
(d) Testimony by Accused
(e) Weight and Credibility
105. Limited Admissibility
106. Doctrine of Completeness
(a) Remainder of Writings or Recorded Statements
(b) Curative Admissibility
ARTICLE II. JUDICIAL NOTICE
201. Judicial Notice of Adjudicative Facts
(a) Scope
(b) Kinds of Facts
(c) When Taken
(d) Opportunity to Be Heard
(e) Instructing Jury
202. Judicial Notice of Law
(a) Mandatory
(b) Permissive
(c) Not Permitted
ARTICLE III. INFERENCES, PRIMA FACIE EVIDENCE, AND PRESUMPTIONS
301. Civil Cases
(a) Scope
(b) Inferences
(c) Prima Facie Evidence
(d) Presumptions
302. Criminal Cases
(a) Scope
(b) Inferences
(c) Prima Facie Evidence
(d) Presumptions
ARTICLE IV. RELEVANCY AND ITS LIMITS
401. Relevant Evidence
402. Relevant Evidence Generally Admissible;
Irrelevant Evidence Inadmissible
403. Grounds for Excluding Relevant Evidence
404. Character Evidence Not Admissible to Prove
Conduct; Exceptions; Other Crimes
(a) Character Evidence Generally
(1) Character of the Accused
(2) Character of the Victim
(3) Character of the Witness
(b) Other Crimes, Wrongs, or Acts
405. Methods of Proving Character
(a) Reputation
(b) Specific Instances of Conduct
(c) Violent Character of the Victim
406. Routine Practice of Business; Individual Habit
(a) Routine Practice of Business
(b) Individual Habit
407. Subsequent Remedial Measures
(a) Exclusion of Evidence of Subsequent Remedial
Measures
(b) Limited Admissibility
408. Compromise and Offers to Compromise in Civil Cases
409. Expressions of Sympathy in Civil Cases; Payment
of Medical and Similar Expenses
(a) Expressions of Sympathy in Civil Cases
(b) Payment of Medical and Similar Expenses
410. Inadmissibility of Pleas, Offers of Pleas, and Related
Statements
411. Insurance
(a) Exclusion of Evidence of Insurance
(b) Limited Admissibility
412. Past Sexual Conduct and Alleged Sexual Reputation
(Rape-Shield Law)
(a) Rape Shield
(b) Exceptions
(c) Procedure to Determine Admissibility
413. First Complaint of Sexual Assault
ARTICLE V. PRIVILEGES AND DISQUALIFICATIONS
Introductory Note
(a) General Duty to Give Evidence
(b) Interpretation of Privileges
(c) Most Privileges Are Not Self-Executing
(d) Confidentiality Versus Privilege
(e) Examples of Relationships in Which There May Be
a Duty to Treat Information as Confidential Even
Though There Is No Testimonial Privilege
(1) Patient Medical Information
(2) Student Records
(3) Special Needs Student Records
(4) News Sources and Nonpublished Information
(5) Certain Documents, Records, and Reports
(6) Applicability of Federal Law
(f) Production of Records in Criminal Cases
(g) Nonevidentiary Privileges
(1) Immunity from Liability (Litigation Privilege)
(2) Legislative Deliberation Privilege
501. Privileges Recognized Only as Provided
502. Attorney-Client Privilege
(a) Definitions
(b) General Rule of Privilege
(c) Who May Claim the Privilege
(d) Exceptions
(1) Furtherance of Crime or Fraud
(2) Claimants Through Same Deceased Client
(3) Breach of Duty or Obligation
(4) Document Attested by an Attorney
(5) Joint Clients
(6) Public Officer or Agency
503. Psychotherapist-Patient Privilege
(a) Definitions
(b) Privilege
(c) Effect of Exercise of Privilege
(d) Exceptions
(1) Disclosure to Establish Need for Hospitalization
or Imminently Dangerous Activity
(2) Court-Ordered Psychiatric Exam
(3) Patient Raises the Issue of Own Mental
or Emotional Condition as an Element
of Claim or Defense
(4) Party Through Deceased Patient Raises Issue
of Decedent’s Mental or Emotional Condition
as Element of Claim or Defense
(5) Child Custody and Adoption Cases
(6) Claim Against Psychotherapist
(7) Child Abuse or Neglect
504. Spousal Privilege and Disqualification; Parent-Child
Disqualification
(a) Spousal Privilege
(1) General Rule
(2) Who May Claim the Privilege
(3) Exceptions
(b) Spousal Disqualification
(1) General Rule
(2) Exceptions
(c) Parent-Child Disqualification
(1) Definitions
(2) Disqualification
505. Domestic Violence Victims’ Counselor Privilege
(a) Definitions
(1) Abuse
(2) Confidential Communication
(3) Domestic Violence Victims’ Counselor
(4) Domestic Violence Victims’ Program
(5) Victim
(b) Privilege
(c) Exception
506. Sexual Assault Counselor–Victim Privilege
(a) Definitions
(1) Rape Crisis Center
(2) Sexual Assault Counselor
(3) Victim
(4) Confidential Communication
(b) Privilege
(c) Exception
507. Social Worker–Client Privilege
(a) Definitions
(1) Client
(2) Communications
(3) Reasonable Precautions
(4) Social Worker
(b) Privilege
(c) Exceptions
508. Allied Mental Health or Human Services Professional
Privilege
(a) Definitions
(b) Privilege
(c) Waiver
(d) Exception
509. Identity of Informer, Surveillance Location, and
Protected
Witness Privileges
(a) Identity of Informer
(b) Surveillance Location
(c) Protected Witness
(d) Who May Claim
510. Religious Privilege
(a) Definitions
(b) Privilege
(c) Child Abuse
511. Privilege Against Self-Incrimination
(a) Privilege of Defendant in Criminal Proceeding
(1) Custodial Interrogation
(2) Refusal Evidence
(3) Compelled Examination
(4) At a Hearing or Trial
(b) Privilege of a Witness
(c) Exceptions
(1) Waiver by Defendant’s Testimony
(2) Waiver by Witness’s Testimony
(3) Limitation
(4) Required Records
(5) Immunity
512. Jury Deliberations
513. Medical Peer Review Privilege
(a) Definitions
(b) Privilege
(c) Exceptions
(d) Testimony Before Medical Peer Review Committee
(e) Non–Peer Review Records and Testimony
514. Mediation Privilege
(a) Definition
(b) Privilege Applicable to Mediator Work Product
(c) Privilege Applicable to Parties’ Communications
(d) Privilege Applicable in Labor Disputes
515. Investigatory Privilege
516. Political Voter Disqualification
517. Trade Secrets
518. Executive or Governmental Privilege
519. State and Federal Tax Returns
(a) State Tax Returns
(1) Disclosure by Commissioner of Revenue
(2) Production by Taxpayer
(3) Exceptions
(b) Federal Tax Returns
(1) General Rule
(2) Exceptions
520. Tax Return Preparer
(a) Definition
(b) Privilege
521. Sign Language Interpreter–Client Privilege
(a) Definitions
(1) Client
(2) Qualified Interpreter
(3) Confidential Communication
(b) Privilege
522. Interpreter-Client Privilege
(a) Definitions
(1) Interpreter
(2) Non-English Speaker
(b) Privilege
(c) Scope
523. Waiver of Privilege
(a) Who Can Waive
(b) Conduct Constituting Waiver
(c) Conduct Not Constituting Waiver
524. Privileged Matter Disclosed Erroneously or Without
Opportunity to Claim Privilege
525. Comment upon or Inference from Claim of Privilege
(a) Civil Case
(b) Criminal Case
ARTICLE VI. WITNESSES
601. Competency
(a) Generally
(b) Rulings
(c) Preliminary Questions
602. Lack of Personal Knowledge
603. Oath or Affirmation
604. Interpreters
605. Competency of Judge as Witness
606. Competency of Juror as Witness
(a) At the Trial
(b) Inquiry into Validity of Verdict or Indictment
607. Who May Impeach
608. Impeachment by Evidence of Character and Conduct
of Witness
(a) Reputation Evidence of Character
(b) Specific Instances of Conduct
609. Impeachment by Evidence of Conviction of Crime
(a) Generally
(1) Misdemeanor
(2) Felony Conviction Not Resulting in Committed
State Prison Sentence
(3) Felony with State Prison Sentence Imposed
(4) Traffic Violation
(5) Juvenile Adjudications of Delinquency
or Youthful Offender
(b) Effect of Being a Fugitive
610. Religious Beliefs or Opinions
611. Manner and Order of Interrogation and Presentation
(a) Control by Court
(b) Scope of Cross-Examination
(1) In General
(2) Bias and Prejudice
(c) Leading Questions
(d) Rebuttal Evidence
612. Writing or Object Used to Refresh Memory
(a) While Testifying
(1) General Rule
(2) Production and Use
(b) Before Testifying
(1) Production
(2) Admissibility
613. Prior Statements of Witnesses, Limited Admissibility
(a) Prior Inconsistent Statements
(1) Examining Own Witness
(2) Examining Other Witness
(3) Disclosure of Extrinsic Evidence
(b) Prior Consistent Statements
(1) Generally Inadmissible
(2) Exception
614. Calling and Interrogation of Witnesses by Court or Jurors
(a) Calling by Court
(b) Interrogation by Court
(c) Objections
(d) Interrogation by Jurors
615. Sequestration of Witnesses
ARTICLE VII. OPINION AND EXPERT EVIDENCE
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
(a) Appointment
(b) Compensation
(c) Disclosure of Appointment
(d) Parties’ Experts of Own Selection
ARTICLE VIII. HEARSAY
Introductory Note
(a) Confrontation Clause and Hearsay in Criminal Cases
(b) Confrontation Clause Inapplicable
(c) Scope of Right of Confrontation
(d) Waiver of Right to Confrontation
801. Definitions
(a) Statement
(b) Declarant
(c) Hearsay
(d) Statements Which Are Not Hearsay
(1) Prior Statement by Witness
(2) Admission by Party-Opponent
802. Hearsay Rule
803. Hearsay Exceptions; Availability of Declarant Immaterial
(1) Present Sense Impression
(2) Excited Utterance (Spontaneous Utterance)
(3) Then-Existing Mental, Emotional, or Physical
Condition
(4) Statements for Purposes of Medical Diagnosis
or Treatment
(5) Past Recollection Recorded
(6) Business and Hospital Records
(A) Entry, Writing, or Record Made in Regular
Course of Business
(B) Hospital Records
(C) Medical and Hospital Services
(7) Absence of Entry in Records Kept in Accordance
with Provisions of Section 803(6)
(8) Official/Public Records and Reports
(A) Record of Primary Fact
(B) Prima Facie Evidence
(C) Record of Investigations
(9) Records of Vital Statistics
(10) Absence of Public Record or Entry
(11) Records of Religious Organizations
(12) Marriage, Baptismal, and Similar Certificates
(13) Family Records
(14) Records or Documents Affecting an Interest
in Property
(15) Statements in Documents Affecting an Interest
in Property
(16) Statements in Ancient Documents
(17) Statements of Facts of General Interest
(18) Learned Treatises
(A) Use in Medical Malpractice Actions
(B) Use in Cross-Examination of Experts
(19) Reputation Concerning Personal or Family History
(20) Reputation Concerning Boundaries or General
History
(21) Reputation as to Character
(22) Judgment of Previous Conviction
(23) Judgment as to Personal, Family, or General History,
or Boundaries
(24) Out-of-Court Statement of Child Describing Sexual
Contact in Proceeding to Place Child in Foster Care
(A) Admissibility in General
(B) Reliability of Statement
(C) Findings on the Record
(D) Admissibility by Common Law or Statute
804. Hearsay Exceptions; Declarant Unavailable
(a) Definition of Unavailability
(b) Hearsay Exceptions
(1) Prior Recorded Testimony
(2) Statement Made Under Belief of Impending
Death
(3) Statement Against Interest
(4) Statement of Personal History
(5) Statutory Exceptions in Civil Cases
(6) Forfeiture by Wrongdoing
(7) Religious Records
(8) Admissibility in Criminal Proceedings of a
Child’s Out-of-Court Statement Describing
Sexual Contact
(9) Out-of-Court Statement of Child Describing
Sexual Contact in Civil Proceeding,
Including Termination of Parental Rights
805. Hearsay Within Hearsay
806. Attacking and Supporting Credibility of Hearsay
Declarant
ARTICLE IX. AUTHENTICATION AND
IDENTIFICATION
901. Requirement of Authentication or Identification
(a) General Provision
(b) Illustrations
(1) Testimony of Witness with Knowledge
(2) Nonexpert Opinion on Handwriting
(3) Comparison by Trier or Expert Witness
(4) Distinctive Characteristics and the Like
(5) Voice Identification
(6) Telephone Conversations
(7) Public Records or Reports
(8) Ancient Documents
(9) Process or System
(10) Methods Provided by Statute or Rule
902. Self-Authentication
(a) Court Records Under Seal
(b) Domestic Official Records Not Under Seal
(c) Foreign Official Records
(d) Certified Copies of Public Records
(e) Official Publications
(f) Certain Newspapers
(g) Trade Inscriptions
(h) Acknowledged Documents
(i) Commercial Paper and Related Documents
(j) Presumptions Created by Law
(k) Certified Copies of Hospital and Other
(l) Copies of Hospital and Other Records of Itemized
Bills and Reports
(m) Copies of Bills for Genetic Marker Tests
and for Prenatal and Postnatal Care
(n) Results of Genetic Marker Tests
903. Subscribing Witness Testimony Not Necessary
ARTICLE X. CONTENTS OF WRITINGS
AND RECORDS
1001. Definitions
(a) Writings and Records
(b) Original
(c) Duplicate
1002. Requirement of Original (Best Evidence Rule)
1003. Admissibility of Duplicates
1004. Admissibility of Other Evidence of Contents
(a) Originals Lost or Destroyed
(b) Original Not Obtainable
(c) Original in Possession of Opponent
(d) Collateral Matters
1005. Official Records
(a) Authentication
(1) Domestic
(2) Foreign
(b) Lack of Record
(c) Other Proof
1006. Summaries
1007. Testimony or Written Admission of Party
1008. Functions of Judge and Fact Finder
ARTICLE XI. MISCELLANEOUS SECTIONS
1101. Applicability of Evidentiary Sections
(a) Proceedings to Which Applicable
(b) Law of Privilege
(c) Sections Inapplicable
(1) Preliminary Determinations of Fact
(2) Grand Jury
(3) Miscellaneous Proceedings
(d) Motions to Suppress
1102. Spoliation or Destruction of Evidence
1103. Sexually Dangerous Person Proceedings
(a) Hearsay That Is Admissible
(b) Hearsay That May Be Admissible
1104. Witness Cooperation Agreements
1105. Third-Party Culprit Evidence
1106. Abuse Prevention Act Proceedings
INDEX