What is the rule of evidence 608 in Texas?
In any event, wholly aside from constitutional considerations, the provision represents a sound policy. Rule 608(a) as submitted by the Court permitted attack to be made upon the character for truthfulness or untruthfulness of a witness either by reputation or opinion testimony.
What are the 608 pa rules of evidence?
225 Pa. Code § 608
A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness. But evidence of truthful character is admissible only after the witness's character for truthfulness has been attacked.
What is the Texas Rules of Evidence?
General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: the United States or Texas Constitution; a statute; these rules; or other rules prescribed under statutory authority. Irrelevant evidence is not admissible.
What is Article 608 of the Louisiana Code of evidence?
The credibility of a witness may be attacked or supported by evidence in the form of general reputation only, but subject to these limitations: (1) The evidence may refer only to character for truthfulness or untruthfulness.
What is the best evidence rule in Texas?
The best evidence rule applies when a party wants to admit the contents of a writing, recording, or photograph at a trial, but that the original is not available. In the event that the original is unavailable, the party must provide a valid reason why.
What is the rule of evidence 602 in Texas?
TX R EVID Rule 602Vernon's Texas Rules AnnotatedTexas Rules of Evidence (Approx. 2 pages) A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
What is Rule 608 NC Rules of evidence?
Rule 608.
– Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence.
What are the 609 PA Rules of evidence?
Rule 609 - Impeachment by Evidence of a Criminal Conviction (a)In General. For the purpose of attacking the credibility of any witness, evidence that the witness has been convicted of a crime, whether by verdict or by plea of guilty or nolo contendere, must be admitted if it involved dishonesty or false statement.
What is extrinsic evidence?
What is Extrinsic Evidence? Extrinsic evidence refers to any information relevant to a contract that is not contained within the document itself.
What is Texas rule of evidence 610?
Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.
How do I present evidence in court in Texas?
In an in-person hearing, you would present your evidence to the court by giving a copy of the evidence to the opposing counsel and the witness and ultimately offer it to the court.
What is the 613 rule of evidence in Texas?
If examining a witness about a statement- whether oral or written-to prove the witness's bias or interest, a party must tell the witness: (A) the contents of the statement; (B) the time and place of the statement; and (C) the person to whom the statement was made.
What is the Louisiana Code of Evidence 607?
Except as otherwise provided by legislation, a party, to attack the credibility of a witness, may examine him concerning any matter having a reasonable tendency to disprove the truthfulness or accuracy of his testimony.
What is the 803 rule of evidence in Louisiana?
A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in his memory and to reflect that knowledge correctly.
What is Article 930.4 of the Louisiana Code of criminal Procedure?
Repetitive applications. A. Unless required in the interest of justice, any claim for relief which was fully litigated in an appeal from the proceedings leading to the judgment of conviction and sentence shall not be considered.
What is rule of evidence 506 in Texas?
Evid. 506. A person has a privilege to refuse to disclose the person's vote at a political election conducted by secret ballot unless the vote was cast illegally.
What is the 410 rule of evidence in Texas?
As adopted by the House, rule 410 would make inadmissible pleas of guilty or nolo contendere subsequently withdrawn as well as offers to make such pleas. Such a rule is clearly justified as a means of encouraging pleading.
What is the 402 rule of evidence in Texas?
Relevant evidence is admissible unless any of the following provides otherwise: the United States or Texas Constitution; a statute; these rules; or.
What is Texas rule of evidence 604?
604. An interpreter must be qualified and must give an oath or affirmation to make a true translation.
What is Texas Rules of Evidence 605?
The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.
What is the Texas rule of evidence 601?
Rule 601 - Competency to Testify in General; "Dead Man's Rule" (a) In General. Every person is competent to be a witness unless these rules provide otherwise. The following witnesses are incompetent: (1)Insane Persons.
What is Rule 702 evidence NC?
Rule 702(a): Qualifications
An expert witness is one who is qualified by knowledge, skill, experience, training, or education and whose scientific, technical, or other specialized knowledge will assist the fact-finder to understand the evidence or determine a fact in issue.
What is Rule 901 NC evidence?
Rule 901. Requirement of authentication or identification. (a) General provision. – The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
What is NC Rules of Evidence 612?
Writing or object used to refresh memory. (a) While testifying. - If, while testifying, a witness uses a writing or object to refresh his memory, an adverse party is entitled to have the writing or object produced at the trial, hearing, or deposition in which the witness is testifying.
What is Rule 404 PA evidence?
2d 1386 (1985). Pa. R.E 404(a)(1) prohibits the use of evidence of a person's character or trait of character to prove conduct in conformity therewith on a particular occasion.
What is 401 pa rules of evidence?
401. Whether evidence has a tendency to make a given fact more or less probable is to be determined by the court in the light of reason, experience, scientific principles and the other testimony offered in the case.
What is pa rules of evidence 104?
The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege. (b) Relevance That Depends on a Fact.
What is outside evidence?
The rule applies to evidence that relates to a contract, but is not contained in the body of the contract. Outside evidence can be other written agreements, written promises, oral agreements and discussions prior to finalizing the written contract.
What are the examples of extrinsic evidence?
These can include statements between parties, circumstances surrounding the agreement, the reasonableness of the parties' respective interpretations, general trade practice, and the parties' subsequent conduct.
What are the 4 exceptions to the parol evidence rule?
However, there are some exceptions. Courts will allow parol evidence in instances when fraud, duress, or mistake would invalidate a contract, when the parties need to clarify an ambiguous contract term, or when there is a completely separate, subsequent agreement, made after the written contract.
What is Texas rule of evidence 408?
This rule as reported makes evidence of settlement or attempted settlement of a disputed claim inadmissible when offered as an admission of liability or the amount of liability. The purpose of this rule is to encourage settlements which would be discouraged if such evidence were admissible.
What is the 412 rule of evidence in Texas?
Rule 412 also creates a presumption that an alleged rape victim's past sexual conduct is not admissible unless it meets certain exceptions. The author considers certain constitutional and judicial interpretation problems that might come up under the new rule.
What is evidence rule 503 in Texas?
R. EVID. 503(b)(1). A communication is “confidential” if it is not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
What is the rule of evidence 612 in Texas?
If a writing is not produced or is not delivered as ordered, the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness's testimony or-if justice so requires-declare a mistrial.
What is the rule of evidence 606 in Texas?
Rule 606 - Juror's Competency as a Witness (a) At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury's presence.
What is the rule of evidence 801 in Texas?
Rule 801 defines what is and what is not hearsay for the purpose of admitting a prior statement as substantive evidence. A prior statement of a witness at a trial or hearing which is inconsistent with his testimony is, of course, always admissible for the purpose of impeaching the witness' credibility.
What is rule 107 in Texas Rules of Evidence?
If a party introduces part of an act, declaration, conversation, writing, or recorded statement, an adverse party may inquire into any other part on the same subject.
What is the rule of evidence 204 in Texas?
204. Rule 204 - Judicial Notice of Texas Municipal and County Ordinances, Texas Register Contents, and Published Agency Rules (a) Scope. This rule governs judicial notice of Texas municipal and county ordinances, the contents of the Texas Register, and agency rules published in the Texas Administrative Code.
What is rule 101 in Texas Rules of Evidence?
Rule 101 further provides that the party filing any pleading upon which citation is to be had shall furnish the clerk with a sufficient number of copies thereof for use in serving the parties to be served and this, in the opinion of the committee, requires only one copy for each of the parties to be served.
What is Virginia Rule of evidence 2 607?
A witness having an adverse interest may be examined with leading questions by the party calling the witness. After such an adverse direct examination, the witness is subject to cross-examination.
What is the Louisiana Code of evidence 515?
A client has a privilege to refuse to disclose, and to prevent another person from disclosing, a confidential communication, whether oral, written, or otherwise, made for the purpose of facilitating the rendition of professional accounting services to the client, as well as the perceptions, observations, and the like, ...
What is Ohio Rules of evidence 607?
Evid. 607. Rule 607 - Impeachment (A)Who may impeach The credibility of a witness may be attacked by any party except that the credibility of a witness may be attacked by the party calling the witness by means of a prior inconsistent statement only upon a showing of surprise and affirmative damage.
What is Article 702 Louisiana Code of evidence?
A memory and eyewitness identification expert's testimony may not be admitted under this Article if there is physical or scientific evidence that corroborates the eyewitness identification of the defendant.
What is the Louisiana Code of evidence 705?
Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
What is the Texas rule of evidence 803 6?
TEX. R. EvID. 803(6) allows admission of the records of regularly conducted activities as an exception to the hearsay rule when certain prerequisites are "shown by the testimony of the custodian or other qualified witness .... " Id.
What is Article 506 of the Louisiana Code of Evidence?
Article 506 (B) (3) of the Louisiana Code of Evidence extends the attorney-client privilege to communications “By the client or his lawyer, or a representative of either, to a lawyer, or representative of a lawyer, who represents another party concerning a matter of common interest.” However, Article 506 (C) (5) ...
What is the Article 508 of the Louisiana Code of Evidence?
(1) The information sought is essential to the successful completion of an ongoing investigation, is essential to the case of the party seeking the information, and is not merely peripheral, cumulative, or speculative. (2) The purpose of seeking the information is not to harass the attorney or his client.
What is Article 103 of the Louisiana Code of Evidence?
In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or asking questions in the hearing of the jury.
What is Texas rule of evidence 608 B?
(b) Specific Instances of Conduct. Except for a criminal conviction under Rule 609, a party may not inquire into or offer extrinsic evidence to prove specific instances of the witness's conduct in order to attack or support the witness's character for truthfulness.
What is the rule of evidence 609 in Texas?
Rule 609 is designed to balance the need for a jury to have relevant information about the credibility of a witness with the potential prejudice that can result from the jury hearing about a witness's criminal past.
What is the rule of evidence 609 F in Texas?
(f) Notice. Evidence of a witness's conviction is not admissible under this rule if, after receiving from the adverse party a timely written request specifying the witness, the proponent of the conviction fails to provide sufficient written notice of intent to use the conviction.
What is the Texas evidence rule 507?
RULE 507.
A person has a privilege, which may be claimed by the person or the person's agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by the person, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice.
What is Texas rule of evidence 610?
Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.
What is the 613 rule of evidence in Texas?
If examining a witness about a statement- whether oral or written-to prove the witness's bias or interest, a party must tell the witness: (A) the contents of the statement; (B) the time and place of the statement; and (C) the person to whom the statement was made.
What is Texas Rules of Evidence 602?
TX R EVID Rule 602Vernon's Texas Rules AnnotatedTexas Rules of Evidence (Approx. 2 pages) A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
What is the rule 201 of the Texas Rules of Evidence?
Rule 201 - Judicial Notice of Adjudicative Facts (a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (b) Kinds of Facts That May Be Judicially Noticed.
What is Texas rule of evidence 203?
In determining foreign law, the court may consider any material or source, whether or not admissible. If the court considers any material or source not submitted by a party, it must give all parties notice and a reasonable opportunity to comment and submit additional materials.
What is Rule 509 of Texas Rules of Evidence?
Rule 509 - Physician-Patient Privilege (a) Definitions. In this rule: (1) A "patient" is a person who consults or is seen by a physician for medical care. (2) A "physician" is a person licensed, or who the patient reasonably believes is licensed, to practice medicine in any state or nation.
What is Texas rule of evidence 407?
Within its text, Rule 407 explicitly excepts certain kinds of evidence from the rule of general exclusion. Among those exceptions are: evidence "offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment." Tex. R. Evid.
What is Texas Rules of Evidence 513?
Rule 513 - Comment On or Inference From a Privilege Claim; Instruction (a) Comment or Inference Not Permitted.
What is Texas Rules of Evidence 804?
Rule 804(b)(1) as submitted by the Court allowed prior testimony of an unavailable witness to be admissible if the party against whom it is offered or a person “with motive and interest similar” to his had an opportunity to examine the witness.
What is rule 608 NC Rules of Evidence?
Rule 608.
– Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence.
What is the rule of evidence 610 in Texas?
Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.
What is Texas Rules of Evidence 607?
Any party, including the party that called the witness, may attack the witness's credibility.
What is the 613 rule of evidence in Texas?
If examining a witness about a statement- whether oral or written-to prove the witness's bias or interest, a party must tell the witness: (A) the contents of the statement; (B) the time and place of the statement; and (C) the person to whom the statement was made.