Evidence RULES Outline
Evidence RULES Outline
1|Page
Evidence RULES Outline 2L Spring
2|Page
Evidence RULES Outline 2L Spring
3|Page
Evidence RULES Outline 2L Spring
FRE 607 – Who’s Impeachable You can even attack you OWN
You can impeach ANY witness witness
4|Page
Evidence RULES Outline 2L Spring
FRE 412 – Sex Offense Case – Applies to BOTH civil and criminal C. PROCEDURAL
Victim’s Past Sexual Behavior EXCEPT (b) and (c) (1) Party intending to offer
A. Prohibited Purposes: evidence MUST
(1) Evidence of the alleged victim’s a. File motion at least 14 days
other sexual behavior b. Serve the motion on all parties
a. All activities that include (2) Will be an in camera
sexual contact hearing in the judges
b. All things that imply (i.e. chambers – must also give
illegitimate children, etc.) the victims a right to
c. Statements that show a attend and be heard – ALL
desire to engage in sexual MUST BE SEALED
activity Different from FRE 404 that allows the
(2) Evidence about the alleged defendant to talk about the victim’s
victim’s sexual disposition character
a. Mode of dress, speech,
lifestyle
B. EXCEPTIONS
(1) CRIMINAL CASES:
a. To prove another person
committed the injury
b. To prove consent AND
c. Evidence that the exclusion
would violate the constitutional
rights of the defendant (fair and
impartial trial – 6th Amendment)
(2) CIVIL CASES:
a. (reversal of FRE 403 weighing
standard) behavior and sexual
disposition evidence is
admissible if probative value
outweighs danger of harm to
victim and unfair prejudice to
any other party – reputation is
admissible ONLY if it has been
placed into controversy by the
victim
5|Page
Evidence RULES Outline 2L Spring
FRE 413 – Evidence of Similar (a) In cases about sexual assault conditional relevance issue –
Crimes in Sexual Assault Cases offenses about other sexual overrides 104(b)
offenses AND any other matter to overrides 404(b)
which it is relevant
(b) notice requirement
(c) his rule does NOT limit any other
rule (i.e. FRE 403)
(d) definition of sexual assault
1. conduct
2. contact without consent
3. …between genitals, anus
4. Getting sexual pleasure
from torture
5. Attempt or conspiracy to
do any of the above
FRE 414 – Child Molestation (a) same as above
(b) same as above
(c) same as above
(d) definition of child molestation
FRE 415 – Similar Crimes (Child (a) admissible like FRE 413 and FRE 414
or Sexual Assault) (b) notice requirement
(c) does not limit ANY other rule (I.e.
FRE 403)
6|Page
Evidence RULES Outline 2L Spring
7|Page
Evidence RULES Outline 2L Spring
8|Page
Evidence RULES Outline 2L Spring
9|Page
Evidence RULES Outline 2L Spring
NOT excluded if
(1) About a material fact
(2) More probative on the point
than any other evidence AND
(3) Its only fair to admit the
evidence (best interests of
justice)
CAN NOT admitted if not told to
the opponent well in advance
(notice requirement)
10 | P a g e