What is the rule 602?
Lack of personal knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself.
What is Texas rule 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 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 best evidence rule in Texas?
Article X of the Texas Rules of Evidence, commonly referred to as the best evidence rule, requires the original writing to be introduced into evidence to prove its contents absent the application of one of the exceptions listed in the rules...."The best evidence rule rests on the fact that a document is a more reliable ...
What is the rule 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, or by testimony in the form of an opinion about that character.
What is the rule 702?
Subpart (1) of Rule 702 calls for a quantitative rather than qualitative analysis. The amendment requires that expert testimony be based on sufficient underlying “facts or data.” The term “data” is intended to encompass the reliable opinions of other experts.
What is the Rule 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 Rule 701 in Texas?
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; and (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue.
What is Texas Rule 206?
In the event that original exhibits rather than copies are marked for identification, the deposition officer shall make copies of all original exhibits to be annexed to the original deposition transcript for delivery, and shall thereafter return the originals of the exhibits to the witness or party producing them, and ...
What is Texas rule of evidence 603?
Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness's conscience.
What is the rule 608 in Texas?
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 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 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 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 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 Rule 42?
Any person who commits criminal contempt may be punished for that contempt after prosecution on notice.
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 608 in Illinois?
The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for ...
What is the rule 403?
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
What is Rule 703?
Rule 703 has been amended to emphasize that when an expert reasonably relies on inadmissible information to form an opinion or inference, the underlying information is not admissible simply because the opinion or inference is admitted.
What is the rule 702 update?
As we noted last year, the revisions to FRE 702 clarify that: (1) a court may not admit expert testimony unless the proponent establishes its admissibility by a preponderance of the evidence, and (2) a court must find that an expert's opinion follows from a reliable application of the methodology to the facts at issue ...
What is 760 Texas Rules of Civil Procedure?
P. 760. Upon the hearing of the cause, the court shall determine the share or interest of each of the joint owners or claimants in the real estate sought to be divided, and all questions of law or equity affecting the title to such land which may arise.
What is Texas Rules of Civil Procedure 756?
RULE 756. PETITION The plaintiff's petition shall state: (a) The names and residence, if known, of each of the other joint owners, or joint claimants, of such property. (b) The share or interest which the plaintiff and the other joint owners, or joint claimants, of same own or claim so far as known to the plaintiff.
What is Rule 536 in Texas Rules of Civil Procedure?
(a) Process-including citation and other notices, writs, orders, and other papers issued by the court -- may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any ...
What is the rule 506?
Requirements of Rule 506
The issuer must provide the non-accredited investors with certain disclosures, such as financial statements and be available to answer questions from non-accredited investors.
What is the rule 701 for $10 million?
Rule 701 disclosure requirements
If your company wants to sell or issue more than $10 million in securities within a 12-month period, you must provide additional financial and investment risk disclosures to recipients (prospective purchasers).
What is Rule 701?
Rule 701 is a safe harbor exemption created by the SEC that requires qualified companies to provide certain information to prospective purchasers (optionees).
What is Texas Rules 200?
Rule 200 - Depositions upon Written Questions 200.1 Procedure for Noticing Deposition Upon Written Questions. (a)Who may be noticed; when. A party may take the testimony of any person or entity by deposition on written questions before any person authorized by law to take depositions on written questions.
What is the rule 405 in Texas?
Rule 405. (a) (1) Methods of Proving Character By Reputation or Opinion. (2) In General. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.
What is Texas Rule 402?
Rule 402. 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.
What is Texas Rules of Evidence 607?
Any party, including the party that called the witness, may attack the witness's credibility.
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 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 Texas Rules of Evidence 204?
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 901 Texas Rules of Evidence?
Texas Rule of Evidence 901 governs the authentication requirement for admissibility of evidence. Generally, the person offering the evidence must produce items or data sufficient to support a finding that the item or data is what the proponent claims.
What is the Rule 615 in Texas?
But if a party's adversary has not already produced a witness's statement, the party may still use Rule 615(a) to request and obtain a court order requiring production of the witness's statement after the witness finishes testifying on direct examination.
What is rule 107 in Texas Rules of Evidence?
TEXAS RULE 107
Typically, this rule allows the admission of otherwise inadmissible evidence which the opponent has Aopened the door regarding. There is no corresponding rule in the Federal Rules of Evidence.
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 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 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 the rule 609 F of the Texas Rules of Evidence?
(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 Texas rule of evidence 1005?
The proponent may use a copy to prove the content of an official record — or of a document that was recorded or filed in a public office as authorized by law — if these conditions are met: the record or document is otherwise admissible; and the copy is certified as correct in accordance with Rule 902(4) or is testified ...
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 the rule 401 in Texas rules of evidence?
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
What is Rule 64?
At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment.
What is Rule 39?
The Court may, under Rule 39 of its Rules of Court, indicate interim measures to any State Party to the Convention. Interim measures are urgent measures which, in accordance with the established practice of the Court, apply only where there is an imminent risk of irreparable damage (see Mamatkulov and Askarov v.
What is Rule 46?
A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection.
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 NC Rule of evidence 903?
Under Rule 903, a subscribing witness does not have to testify in order for his or her signature to be used to authenticate the associated document, unless the subscribing witness's testimony is specifically required by another law.
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 the rule of evidence 602 in Illinois?
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony.
What is Colorado 608 Rules of evidence?
RULE 608 Evidence of Character and Conduct of Witness
(b) Specific instances of conduct. 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 13-90-101, C.R.S.
What is the rule of evidence 608 in Ohio?
Rule 608(B) provides that a witness on cross- examination may be asked, subject to the trial court's discretion, about specific instances of con· duct if clearly probative of the witness' character for truthfulness. Extrinsic evidence of conduct, however, is inadmissible.
What is the rule 702?
Subpart (1) of Rule 702 calls for a quantitative rather than qualitative analysis. The amendment requires that expert testimony be based on sufficient underlying “facts or data.” The term “data” is intended to encompass the reliable opinions of other experts.
What is the rule 402?
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible. All relevant evidence is admissible, except as otherwise provided by constitution, statute, these rules, or other rules applicable in the courts of this state. Evidence which is not relevant is not admissible.
What is the rule 403 in Texas rules of evidence?
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence.
What are the exceptions to the rule 602?
What is the rule of evidence 703 in Illinois?
What is NC Rules of Evidence 602?
What is the rule of evidence 703 in Tennessee?
What is the rule 403?
What is the 703 rule of evidence in PA?
What is rule 42?
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. Evidence to prove personal knowledge may consist of the witness's own testimony. This rule does not apply to a witness's expert testimony under Rule 703.