CONTENTS

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

(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

(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

(d) Opportunity to Be Heard

(e) Instructing Jury

202. Judicial Notice of Law

(a) Mandatory

(b) Permissive

ARTICLE III. INFERENCES, PRIMA FACIE EVIDENCE,
AND PRESUMPTIONS

301. Civil Cases

(a) Scope

(b) Inferences

(d) Presumptions

302. Criminal Cases

(a) Scope

(b) Inferences

(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

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

413. First Complaint of Sexual Assault

(a) Admissibility of First Complaint

(b) Admissibility of Additional Reports of a Sexual
Assault Under an Alternative Evidentiary Basis

414. Industry and Safety Standards

ARTICLE V. PRIVILEGES AND DISQUALIFICATIONS

Introductory Note

(a) General Duty to Give Evidence

(b) Interpretation of Privileges

(d) Confidentiality Versus Privilege

(e) Impounding Versus Sealing

(f) 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

(g) Production of Presumptively Privileged Records
from Nonparties Prior to Trial in Criminal Cases

(h) Nonevidentiary Privileges

(1) Immunity from Liability (Litigation Privilege)

(2) Legislative Deliberation Privilege

(3) Fair Report Privilege

501. Privileges Recognized Only as Provided

502. Attorney-Client Privilege

(a) Definitions

(b) General Rule of 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

(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

(8) Exception

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

(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

506. Sexual Assault Counselor–Victim Privilege

(a) Definitions

(1) Rape Crisis Center

(2) Sexual Assault Counselor

(3) Victim

(4) Confidential Communication

(b) Privilege

507. Social Worker–Client Privilege

(a) Definitions

(1) Client

(2) Communications

(3) [Reserved]

(4) Social Worker

(b) Privilege

508. Allied Mental Health or Human Services Professional
Privilege

(a) Definitions

(b) Privilege

(d) Exception

509. Identity of Informer, Surveillance Location, and Protected Witness Privileges

(a) Identity of Informer

(b) Surveillance Location

(d) Who May Claim

510. Religious Privilege

(a) Definitions

(b) Privilege

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

(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

(1) Proceedings, Reports, and Records of Medical
Peer Review Committee

(2) Work Product of Medical Peer Review
Committee

(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

(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

523. Waiver of Privilege

(a) Who Can Waive

(b) Conduct 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

526. Unemployment Hearing Privilege

(a) Statutory Bar on the Use of Information from Unemployment Hearing

(b) Exceptions

527. Judicial Deliberation Privilege

ARTICLE VI. WITNESSES

601. Competency

(a) Generally

(b) Rulings

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

(d) Rebuttal Evidence

(e) Scope of Subsequent Examination

(f) Reopening

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

(3) Suppressed Statement

613. Prior Statements of Witnesses, Limited Admissibility

(a) Prior Inconsistent Statements

(1) Examining Own Witness

(2) Examining Other Witness

(3) Disclosure of Extrinsic Evidence

(4) Collateral Matter

(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

(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

(d) Parties’ Experts of Own Selection

ARTICLE VIII. HEARSAY

Introductory Note

(a) Confrontation Clause and Hearsay in Criminal Cases

(1) Testimonial Versus Nontestimonial; the Primary Purpose Test

(2) Records Admitted Without Live Testimony

(3) Expert Testimony

(b) Confrontation Clause Inapplicable

(d) Waiver of Right to Confrontation

801. Definitions

(a) Statement

(b) Declarant

(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

(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

(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

(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

(11) Electronic or Digital Communication

902. Self-Authentication

(a) Court Records Under Seal

(b) Domestic Official Records Not Under Seal

(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 Records
of Treatment and Medical History

(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

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

(d) Collateral Matters

1005. Official Records

(a) Authentication

(1) Domestic

(2) Foreign

(b) Lack of Record

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

(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

1107. Inadequate Police Investigation Evidence

1108. Access to Third-Party Records Prior to Trial in Criminal
Cases (Lampron-Dwyer Protocol)

(a) Filing and Service of the Motion

(b) The Lampron Hearing and Findings

(d) Inspection of Records

(1) Nonpresumptively Privileged Records

(2) Presumptively Privileged Records

(e) Challenge to Privilege Designation

(f) Disclosure of Presumptively Privileged Records

(g) Use of Presumptively Privileged Records at Trial

(h) Preservation of Records for Appeal

1109. View

(a) Availability

(b) Conduct

(d) Costs

1110. Consciousness of Guilt or Liability

(a) Criminal Cases

(b) Civil Cases

1111. Missing Witness

(a) Argument by Counsel

(b) Jury Instruction

1112. Eyewitness Identification

(a) Eyewitness Identification Generally

(b) Photographic Array

(1) Suppression of Identification

(2) Suggestive Identification

(3) Admissibility of Photographs

(d) Subsequent and In-Court Identification

(e) Testimony of Third-Party Observer

(f) Expert Testimony