Rules of Evidence
-Each state and the federal system have unique (but very similar) Rules of Evidence that govern what kinds of exhibits, testimony, or
other evidence is admissible at trial.
-The Rules of Evidence encourage fairness, help avoid judicial delay, and assist in ascertaining the truth.
-Federal Rules of Evidence- the rules of evidence used in the federal courts
Types of Evidence:
Testimony- evidence delivered under oath, either orally or through affirmation, by a competent witness
● Lay Witness- a person who gives testimony about a subject of which the witness has personal knowledge
● Expert Witness- a person who, because of special qualifications, testifies about conclusions that may be drawn based on his o
her experience
-their specialized knowledge will assist the jury
-testimony is based on sufficient facts or data
-testimony is the product of reliable principles
-expert has reliably applied those principles
● Foundation- a requirement for the admission of evidence at trial. Preliminary questions are asked to connect the legal issue w
the evidence sought to be admitted
● Rule 703- a witness may testify to a matter only if evidence is introduced sufficient to support a finding that a witness has
personal knowledge of the matter- does not apply to expert witnesses
Exhibits- a physical (tangible) piece of evidence that is offered to the court for consideration
● Actual Evidence- also called real evidence; tangible evidence that may be admitted during a hearing on a motion or at trial
● Tangible- possessing physical form; tangible items can be seen and touched
● Documentary Evidence- a type of actual evidence including writings such as reports, business records, and correspondence
● Demonstrative Evidence- a type of actual evidence or exhibits created for use in court; includes diagrams, charts, and photos
Stipulations- an agreement; when opposing counsel agree on an issue
● If a stipulation has been entered, the jury may be instructed "Counsel have stipulated that _____ shall be deemed to have bee
called and testified to certain matters. You must consider that stipulated testimony as if it had been given here in court."
Judicial Notice- an action taken by the court; the recognition by the court of the existence and truth of specific facts that are universal
accepted or are public records
● When a party believes that certain information is common knowledge, they may ask the court to take judicial notice of the sam
Direct Evidence- evidence that proves a point; ex: testimony of an eye witness
● Admissions and confessions
Circumstantial Evidence- indirect evidence that provides the jury with information from which inferences may be drawn
● Inference- a logical conclusion of a fact that is not supported by direct evidence
● Most common type
Relevancy- the standard by which testimony or physical evidence is evaluated
-Each state and the federal system have unique (but very similar) Rules of Evidence that govern what kinds of exhibits, testimony, or
other evidence is admissible at trial.
-The Rules of Evidence encourage fairness, help avoid judicial delay, and assist in ascertaining the truth.
-Federal Rules of Evidence- the rules of evidence used in the federal courts
Types of Evidence:
Testimony- evidence delivered under oath, either orally or through affirmation, by a competent witness
● Lay Witness- a person who gives testimony about a subject of which the witness has personal knowledge
● Expert Witness- a person who, because of special qualifications, testifies about conclusions that may be drawn based on his o
her experience
-their specialized knowledge will assist the jury
-testimony is based on sufficient facts or data
-testimony is the product of reliable principles
-expert has reliably applied those principles
● Foundation- a requirement for the admission of evidence at trial. Preliminary questions are asked to connect the legal issue w
the evidence sought to be admitted
● Rule 703- a witness may testify to a matter only if evidence is introduced sufficient to support a finding that a witness has
personal knowledge of the matter- does not apply to expert witnesses
Exhibits- a physical (tangible) piece of evidence that is offered to the court for consideration
● Actual Evidence- also called real evidence; tangible evidence that may be admitted during a hearing on a motion or at trial
● Tangible- possessing physical form; tangible items can be seen and touched
● Documentary Evidence- a type of actual evidence including writings such as reports, business records, and correspondence
● Demonstrative Evidence- a type of actual evidence or exhibits created for use in court; includes diagrams, charts, and photos
Stipulations- an agreement; when opposing counsel agree on an issue
● If a stipulation has been entered, the jury may be instructed "Counsel have stipulated that _____ shall be deemed to have bee
called and testified to certain matters. You must consider that stipulated testimony as if it had been given here in court."
Judicial Notice- an action taken by the court; the recognition by the court of the existence and truth of specific facts that are universal
accepted or are public records
● When a party believes that certain information is common knowledge, they may ask the court to take judicial notice of the sam
Direct Evidence- evidence that proves a point; ex: testimony of an eye witness
● Admissions and confessions
Circumstantial Evidence- indirect evidence that provides the jury with information from which inferences may be drawn
● Inference- a logical conclusion of a fact that is not supported by direct evidence
● Most common type
Relevancy- the standard by which testimony or physical evidence is evaluated
