Federal of Evidence Rules
in effect 1975 and after. Common law before 1975.
Alabama of Evidence Rules
in effect 1996; patterned after federal rules of
evidence.
Materiality - (Rule 410)
Any
evidence must be "of consequence" to the case.
Relevancy has two parts-
1.
materiality
2.
probative value
What
is the purpose of the evidence? The purpose of the
evidence must be "of consequence" to the case.
*
Materiality and relevancy are different but
attorneys often use relevancy for both.
Substantive law - evidence is material if
the purpose for which it is offered is and element
of the crime or cause of action or a defense to the
crime or the cause of action. * Damages are a
great way to get evidence in that people often
forget about.
Open the door - A statement of a party or
a statement of an attorney.
Relevancy
Logical Relevancy - (rule 401).
Does
the evidence prove what you say it is going to
prove?
Legal Relevancy - (rule 403 - 400s).
Policy (
rule 500 - 1000s)
Evidence may be excluded on policy grounds even if
it is material and relevant; if it is privileged,
etc., the witness has no personal knowledge, etc.
rules 500s = privileges. rules 600s = witnesses.
rules 700s opinions. rules 800s = hearsay. rules
900s = authorization ( foundation). rules 1000s =
best evidence; original not copy.
Procedural ( rule 100s & 1100s)
Specific and timely objections, etc.
Extraneous (rule 402, Constitution,
statutes, & rule of court)
Rules of civil procedure, rules of criminal
procedure, etc.
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