Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
122 Cards in this Set
- Front
- Back
Rule 101.
Scope |
These rules govern proceedings in courts in the State of Arizona, with the
exceptions stated in Rule 1101. |
|
Rule 102.
Purpose and Construction |
These rules shall be construed to secure fairness in administration, elimination
of unjustifiable expense and delay, and the promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. |
|
Rule 103.
Rulings on Evidence |
(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which
admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or (2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. (b) Record of offer and ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form. (c) Hearing of jury. 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 offers of proof or asking questions in the hearing of the jury. (d) Fundamental error. Nothing in this rule precludes taking notice of errors affecting fundamental rights although they were not brought to the attention of the court. |
|
Rule 104.
Preliminary Questions |
(a) Questions of admissibility generally. Preliminary questions concerning the
qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges. (b) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or may admit it subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. (c) Hearing of jury. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness and so requests. (d) Testimony by accused. The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case. (e) Weight and credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. |
|
Rule 105.
Limited Admissibility |
When evidence which is admissible as to one party or for one purpose but not
admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. |
|
Rule 106.
Remainder of or Related Writings or Recorded Statements |
When a writing or recorded statement or part thereof is introduced by a party, an
adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it. |
|
Rule 201.
Judicial Notice of Adjudicative Facts |
(a) Scope of rule. This rule governs only judicial notice of adjudicative facts.
(b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) When discretionary. A court may take judicial notice, whether requested or not. (d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information. (e) Opportunity to be heard. A party is en***led upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury. The court shall instruct the jury to accept as conclusive any fact judicially noticed. |
|
Rule 401.
Definition of Relevant Evidence |
"Relevant evidence" means evidence having any tendency to make the existence of
any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. |
|
Rule 402.
Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible |
All relevant evidence is admissible, except as otherwise provided by the
Cons***ution of the United States, by the Cons***ution of Arizona or by applicable statutes or rules. Evidence which is not relevant is not admissible. |
|
Rule 403.
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time |
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 ***ulative evidence. |
|
Rule 404.
Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes |
(a) Character evidence generally. Evidence of a person's character or a trait of
character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused or civil defendant. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or evidence of the aberrant sexual propensity of the accused or a civil defendant pursuant to Rule 404(c); (2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor; (3) Character of witness. Evidence of the character of a witness, as provided in Rules 607, 608, and 609. (b) Other crimes, wrongs, or acts. Except as provided in Rule 404(c) evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, iden***y, or absence of mistake or accident. (c) Character evidence in sexual misconduct cases In a criminal case in which a defendant is charged with having committed a sexual offense, or a civil case in which a claim is predicated on a party's alleged commission of a sexual offense, evidence of other crimes, wrongs, or acts may be admitted by the court if relevant to show that the defendant had a character trait giving rise to an aberrant sexual propensity to commit the offense charged. In such a case, evidence to rebut the proof of other crimes, wrongs, or acts, or an inference therefrom, may also be admitted. (1) In all such cases, the court shall admit evidence of the other act only if it first finds each of the following: (A) The evidence is sufficient to permit the trier of fact to find that the defendant committed the other act. (B) The commission of the other act provides a reasonable basis to infer that the defendant had a character trait giving rise to an aberrant sexual propensity to commit the crime charged. (C) The evidentiary value of proof of the other act is not substantially outweighed by danger of unfair prejudice, confusion of issues, or other factors mentioned in Rule 403. In making that determination under Rule 403 the court shall also take into consideration the following factors, among others: (i) remoteness of the other act; (ii) similarity or dissimilarity of the other act; (iii) the strength of the evidence that defendant committed the other act; (iv) frequency of the other acts; (v) surrounding cir***stances; (vi) relevant intervening events; (vii) other similarities or differences; (viii) other relevant factors. (D) The court shall make specific findings with respect to each of (A), (B), and (C) of Rule 404(c)(1). (2) In all cases in which evidence of another act is admitted pursuant to this subsection, the court shall instruct the jury as to the proper use of such evidence. (3) In all criminal cases in which the state intends to offer evidence of other acts pursuant to this subdivision of Rule 404, the state shall make disclosure to the defendant as to such acts as required by Rule 15.1, Rules of Criminal Procedure, no later than 45 days prior to the final trial setting or at such later time as the court may allow for good cause. The defendant shall make disclosure as to rebuttal evidence pertaining to such acts as required by Rule 15.2, no later than 20 days after receipt of the state's disclosure or at such other time as the court may allow for good cause. In all civil cases in which a party intends to offer evidence of other acts pursuant to this subdivision of Rule 404, the parties shall make disclosure as required by Rule 26.1, Rules of Civil Procedure, no later than 60 days prior to trial, or at such later time as the court may allow for good cause shown. (4) As used in this subsection of Rule 404, the term "sexual offense" is as defined in A.R.S. Sec. 13-1420(C) and, in addition, includes any offense of first-degree murder pursuant to A.R.S. Sec. 13-1105(A)(2) of which the predicate felony is sexual conduct with a minor under Sec. 13-1405, sexual assault under Sec. 13-1406, or molestation of a child under Sec. 13-1410. |
|
Rule 405 a
Methods of Proving Character |
(a) Reputation or opinion. In all cases in which evidence of character or a trait
of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. |
|
Rule 405 b
Methods of Proving Character |
(b) Specific instances of conduct. In cases in which character or a trait of
character of a person is an essential element of a charge, claim, or defense, or pursuant to Rule 404(c), proof may also be made of specific instances of that person's conduct. |
|
Rule 406.
Habit; Routine Practice |
Evidence of the habit of a person or of the routine practice of an organization,
whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. |
|
Rule 407.
Subsequent Remedial Measures |
When, after an event, measures are taken, which if taken previously, would have
made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment. |
|
Rule 408.
Compromise and Offers to Compromise |
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting
or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. |
|
Rule 409.
Payment of Medical and Similar Expenses |
Evidence of furnishing or offering or promising to pay medical, hospital or
similar expenses occasioned by an injury is not admissible to prove liability for the injury. |
|
Rule 410.
Offer to Plead Guilty; Nolo Contendere; Withdrawn Plea of Guilty |
Except as otherwise provided by applicable Act of Congress, Arizona statute, or
the Arizona Rules of Criminal Procedure, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere or no contest, or an offer to plead guilty, nolo contendere or no contest to the crime charged or any other crime, or of statements made in connection with any of the foregoing pleas or offers is not admissible against the person who made the plea or offer in any civil or criminal action or administrative proceeding. |
|
Rule 411.
Liability Insurance |
Evidence that a person was or was not insured against liability is not admissible
upon the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness. |
|
Rule 501.
General Rule |
Except as otherwise required by the Cons***ution of the United States, the
Cons***ution of Arizona, or by applicable statute or rule, privilege shall be governed by the principles of the common law as they may be interpreted in light of reason and experience, or as they have been held to apply in former decisions. |
|
Rule 601.
General Rule of Competency |
Every person is competent to be a witness except as otherwise provided in these
rules or by statute. |
|
Rule 602.
Lack of Personal Knowledge |
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. This rule is subject to the provisions of Rule 703, relating to opinion testimony by expert witnesses |
|
Rule 603.
Oath or Affirmation |
Before testifying, every witness shall be required to declare that the witness
will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so. |
|
Rule 604.
Interpreters |
An interpreter is subject to the provisions of these rules relating to
qualification as an expert and the administration of an oath or affirmation to make a true translation. |
|
Rule 605.
Competency of Judge as Witness |
The judge presiding at the trial may not testify in that trial as a witness. No
objection need be made in order to preserve the point. |
|
Rule 606 a.
Competency of Juror as Witness |
(a) At the trial. A member of the jury may not testify as a witness before that
jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. |
|
Rule 606 b.
Competency of Juror as Witness |
(b) Inquiry into validity of verdict in civil action. Upon an inquiry into the
validity of a verdict in a civil action, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict, or concerning the juror's mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. Nor may a juror's affidavit or evidence of any statement by the juror, concerning a matter about which the juror would be precluded from testifying, be received for these purposes. |
|
Rule 607.
Who May Impeach |
The credibility of a witness may be attacked by any party, including the party
calling the witness. |
|
Rule 608 a.
Evidence of Character and Conduct of Witness |
(a) Opinion and reputation evidence of character. 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 truthfulness has been attacked by opinion or reputation evidence or otherwise. |
|
Rule 608 b.
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 the witness' credibility, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters which relate only to credibility. |
|
Rule 609 a.
Impeachment by Evidence of Conviction of Crime |
(a) General rule. For the purpose of attacking the credibility of a witness,
evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record, if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect, and if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted or (2) involved dishonesty or false statement, regardless of the punishment. |
|
Rule 609 b.
Impeachment by Evidence of Conviction of Crime |
(b) Time limit. Evidence of a conviction under this rule is not admissible if a
period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and cir***stances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence. |
|
Rule 609 c.
Impeachment by Evidence of Conviction of Crime |
(c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a
conviction is not admissible under this rule if (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. |
|
Rule 609 d.
Impeachment by Evidence of Conviction of Crime |
(d) Juvenile adjudications. Evidence of juvenile adjudication is generally not
admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence. |
|
Rule 609 e.
Impeachment by Evidence of Conviction of Crime |
(e) Pendency of appeal. The pendency of an appeal therefrom does not render
evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible. |
|
Rule 610.
Religious Beliefs or Opinions |
Evidence of the beliefs or opinions of a witness on matters of religion is not
admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced. |
|
Rule 611 a.
Mode and Order of Interrogation and Presentation |
(a) Control by Court; Time Limitations. The court shall exercise reasonable
control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. The court may impose reasonable time limits on the trial proceedings or portions thereof. |
|
Rule 611 b.
Mode and Order of Interrogation and Presentation |
(b) Scope of cross-examination. A witness may be cross-examined on any relevant
matter. |
|
Rule 611 c.
Mode and Order of Interrogation and Presentation |
(c) Leading questions. Leading questions should not be used on the direct
examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily, leading questions should be permitted on cross-examination. A party may interrogate an unwilling, hostile or biased witness by leading questions. A party may call an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party or a witness whose interests are identified with an adverse party and interrogate that person by leading questions. The witness thus called may be interrogated by leading questions on behalf of the adverse party also. |
|
Rule 612.
Writing Used to Refresh Memory |
If a witness uses a writing to refresh memory for the purpose of testifying,
either-- (1) before testifying, if the court in its discretion determines it is necessary in the interests of justice, or (2) while testifying, an adverse party is en***led to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the action, the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party en***led thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this rule, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial. |
|
Rule 613 a.
Prior Statements of Witnesses |
(a) Examining witness concerning prior statement. In examining a witness
concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel. |
|
Rule 613 b.
Prior Statements of Witnesses |
(b) Extrinsic evidence of prior inconsistent statement of witness. Extrinsic
evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in Rule 801(d)(2). |
|
Rule 614 a.
Calling and Interrogation of Witnesses by Court |
(a) Calling by court. The court may, on its own motion or at the suggestion of a
party, call witnesses, and all parties are en***led to cross-examine witnesses thus called. |
|
Rule 614 b.
Calling and Interrogation of Witnesses by Court |
(b) Interrogation by court. The court may interrogate witnesses, whether called
by itself or by a party. |
|
Rule 614 c.
Calling and Interrogation of Witnesses by Court |
(c) Objections. Objections to the calling of witnesses by the court or to
interrogation by it may be made at the time or at the next available opportunity when the jury is not present. |
|
Rule 615.
Exclusion of Witnesses |
At the request of a party the court shall order witnesses excluded so that they
cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a victim of crime, as defined in Rule 39(a), Rules of Criminal Procedure, who wishes to be present during proceedings against the defendant. |
|
Rule 701.
Opinion Testimony by Lay Witnesses |
If the witness is not testifying as an expert, the witness' testimony in the form
of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue. |
|
Rule 702.
Testimony by Experts |
If scientific, technical, or other specialized knowledge will assist the trier of
fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. |
|
Rule 703.
Bases of Opinion Testimony by Experts |
The facts or data in the particular case upon which an expert bases an opinion or
inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. |
|
Rule 704.
Opinion on Ultimate Issue |
Testimony in the form of an opinion or inference otherwise admissible is not
objectionable because it embraces an ultimate issue to be decided by the trier of fact. |
|
Rule 705.
Disclosure of Facts or Data Underlying Expert Opinion |
The expert may testify in terms of opinion or inference and give reasons therefor
without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination. |
|
Rule 706 a.
Court Appointed Experts |
(a) Appointment. Appointment of experts by the court is subject to the
availability of funds or the agreement of the parties concerning compensation. The court may, on its own motion or on the motion of any party, enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. A witness so appointed shall be informed of the witness' duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of the witness' findings, if any; the witness' deposition may be taken by any party, and the witness may be called to testify by the court or any party. The witness shall be subject to cross-examination by each party, including a party calling the witness. |
|
Rule 706 b.
Court Appointed Experts |
(b) Disclosure of appointment. In the exercise of its discretion, the court may
authorize disclosure to the jury of the fact that the court appointed the expert witness. |
|
Rule 706 c.
Court Appointed Experts |
(c) Parties' experts of own selection. Nothing in this rule limits the parties in
calling expert witnesses of their own selection. |
|
Rule 801 a.
Definitions |
The following definitions apply under this article:
(a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. |
|
Rule 801 b.
Definitions |
(b) Declarant. A "declarant" is a person who makes a statement.
|
|
Rule 801 c.
Definitions |
(c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while
testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. |
|
Rule 801 d.
Definitions |
(d) Statements which are not hearsay. A statement is not hearsay if--
(1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person or (2) Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity, or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. |
|
Rule 802.
Hearsay Rule |
Hearsay is not admissible except as provided by applicable cons***utional
provisions, statutes, or rules. |
|
Rule 803
#1 Hearsay Exceptions; Availability of Declarant Immaterial |
The following are not excluded by the hearsay rule, even though the declarant is
available as a witness: (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. |
|
Rule 803
#2 Hearsay Exceptions; Availability of Declarant Immaterial |
(2) Excited utterance. A statement relating to a startling event or condition
made while the declarant was under the stress of excitement caused by the event or condition. |
|
Rule 803
#3 Hearsay Exceptions; Availability of Declarant Immaterial |
(3) Then existing mental, emotional, or physical condition. A statement of the
declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will. |
|
Rule 803
#4 Hearsay Exceptions; Availability of Declarant Immaterial |
(4) Statements for purposes of medical diagnosis or treatment. Statements made
for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. |
|
Rule 803
#5 Hearsay Exceptions; Availability of Declarant Immaterial |
(5) Recorded recollection. A memorandum or record concerning a matter about which
a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party. |
|
Rule 803
#6 Hearsay Exceptions; Availability of Declarant Immaterial |
(6) Records of regularly conducted activity. A memorandum, report, record, or
data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, if: (a) Made at or near the time of the underlying event, (b) by, or from information transmitted by, a person with first hand knowledge acquired in the course of a regularly conducted business activity, (c) made and kept entirely in the course of that regularly conducted business activity, (d) pursuant to a regular practice of that business activity; and (e) all the above are shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11). However, such evidence shall not be admissible if the source of information or the method or cir***stances of preparation indicate a lack of trustworthiness or to the extent that portions thereof lack an appropriate foundation. The term "business" as used in this paragraph includes business, ins***ution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. |
|
Rule 803
#7 Hearsay Exceptions; Availability of Declarant Immaterial |
(7) Absence of entry in records kept in accordance with the provisions of
paragraph (6). Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the non-occurrence or non-existence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other cir***stances indicate lack of trustworthiness. |
|
Rule 803
#8 Hearsay Exceptions; Availability of Declarant Immaterial |
(8) Public records and reports. Unless the sources of information or other
cir***stances indicate lack of trustworthiness, records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law. |
|
Rule 803
#9 Hearsay Exceptions; Availability of Declarant Immaterial |
(9) Records of vital statistics. Records or data compilations, in any form, of
births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law. |
|
Rule 803
#10 Hearsay Exceptions; Availability of Declarant Immaterial |
(10) Absence of public record or entry. To prove the absence of a record, report,
statement, or data compilation, in any form, or the non-occurrence or non-existence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with Rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry. |
|
Rule 803
#11 Hearsay Exceptions; Availability of Declarant Immaterial |
(11) Records of religious organizations. Statements of births, marriages,
divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization. |
|
Rule 803
#12 Hearsay Exceptions; Availability of Declarant Immaterial |
(12) Marriage, baptismal, and similar certificates. Statements of fact contained
in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter. |
|
Rule 803
#13 Hearsay Exceptions; Availability of Declarant Immaterial |
(13) Family records. Statements of fact concerning personal or family history
contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like. |
|
Rule 803.
#14 Hearsay Exceptions; Availability of Declarant Immaterial |
(14) Records of do***ents affecting an interest in property. The record of a
do***ent purporting to establish or affect an interest in property, as proof of the content of the original recorded do***ent and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of do***ents of that kind in that office. |
|
Rule 803.
#15 Hearsay Exceptions; Availability of Declarant Immaterial |
(15) Statements in do***ents affecting an interest in property. A statement
contained in a do***ent purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the do***ent, unless dealings with the property since the do***ent was made have been inconsistent with the truth of the statement or the purport of the do***ent. |
|
Rule 803.
#16 Hearsay Exceptions; Availability of Declarant Immaterial |
(16) Statements in ancient do***ents. Statements in a do***ent in existence
twenty years or more the authenticity of which is established. |
|
Rule 803.
#17 Hearsay Exceptions; Availability of Declarant Immaterial |
(17) Market reports, commercial publications. Market quotations, tabulations,
lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations. |
|
Rule 803.
#18 Hearsay Exceptions; Availability of Declarant Immaterial |
(18) Learned treatises. To the extent called to the attention of an expert
witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits. |
|
Rule 803.
#19 Hearsay Exceptions; Availability of Declarant Immaterial |
(19) Reputation concerning personal or family history. Reputation among members
of a person's family by blood, adoption, or marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history. |
|
Rule 803.
#20 Hearsay Exceptions; Availability of Declarant Immaterial |
(20) Reputation concerning boundaries or general history. Reputation in a
community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or State or nation in which located. |
|
Rule 803.
#21 Hearsay Exceptions; Availability of Declarant Immaterial |
(21) Reputation as to character. Reputation of a person's character among
associates or in the community. |
|
Rule 803.
#22 Hearsay Exceptions; Availability of Declarant Immaterial |
(22) Judgment of previous conviction. Evidence of a final judgment, entered after
a trial or upon a plea of guilty (but not upon a plea of nolo contendere or no contest), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not including, when offered by the Government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility. |
|
Rule 803.
#23 Hearsay Exceptions; Availability of Declarant Immaterial |
(23) Judgment as to personal, family or general history or boundaries. Judgments
as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation. |
|
Rule 803.
#24 Hearsay Exceptions; Availability of Declarant Immaterial |
(24) Other exceptions. A statement not specifically covered by any of the
foregoing exceptions but having equivalent cir***stantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant. |
|
Rule 803.
#25 Hearsay Exceptions; Availability of Declarant Immaterial |
(25) Former testimony (non-criminal action or proceeding). Except in a criminal
action or proceeding, testimony given as a witness at another hearing of the same or different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. |
|
Rule 804 a.
Hearsay Exceptions; Declarant Unavailable |
(a) Definition of unavailability.
"Unavailability as a witness" includes situations in which the declarant-- (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; or (2) persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; or (3) testifies to a lack of memory of the subject matter of the declarant's statement; or (4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (5) is absent from the hearing and the proponent of a statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception under subdivision (b)(2), (3), or (4), the declarant's attendance or testimony) by process or other reasonable means. A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying. |
|
Rule 804 b.
Hearsay Exceptions; Declarant Unavailable |
(b) Hearsay exceptions. The following are not excluded by the hearsay rule if the
declarant is unavailable as a witness: (1) Former testimony (criminal action or proceeding). Former testimony in criminal actions or proceedings as provided in Rule 19.3(c), Rules of Criminal Procedure. (2) Statement under belief of impending death. In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or cir***stances of what the declarant believed to be the declarant's impending death. (3) Statement against interest. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating cir***stances clearly indicate the trustworthiness of the statement. (4) Statement of personal or family history. (A) A statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or (B) a statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared. (5) Other exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent cir***stantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts, and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant. |
|
Rule 805.
Hearsay Within Hearsay |
Hearsay included within hearsay is not excluded under the hearsay rule if each
part of the combined statements conforms with an exception to the hearsay rule provided in these rules. |
|
Rule 806.
Attacking and Supporting Credibility of Declarant |
When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or
(E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is en***led to examine the declarant on the statement as if under cross-examination. |
|
Rule 901 a.
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. |
|
Rule 901 b
Requirement of Authentication or Identification |
(b) Illustrations. By way of illustration only, and not by way of limitation, the
following are examples of authentication or identification conforming with the requirements of this rule: (1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be. (2) Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation. (3) Comparison by trier or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated. (4) Distinctive characteristics and the like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with cir***stances. (5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under cir***stances connecting it with the alleged speaker. (6) Telephone conversations. Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if (A) in the case of a person, cir***stances, including self-identification, show the person answering to be the one called, or (B) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone. (7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept. (8) Ancient do***ents or data compilation. Evidence that a do***ent or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence twenty years or more at the time it is offered. (9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result. (10) Methods provided by statute or rule. Any method of authentication or identification provided by applicable statute or rules. |
|
Rule 902.
#1 Self-Authentication |
Extrinsic evidence of authenticity as a condition precedent to admissibility is
not required with respect to the following: (1) Domestic public do***ents under seal. A do***ent bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution. |
|
Rule 902.
#2 Self-Authentication |
(2) Domestic public do***ents not under seal. A do***ent purporting to bear the
signature in the official capacity of an officer or employee of any en***y included in paragraph (1) hereof, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine. |
|
Rule 902.
#3 Self-Authentication |
(3) Foreign public do***ents. A do***ent purporting to be executed or attested in
an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official do***ents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification. |
|
Rule 902.
#4 Self-Authentication |
(4) Certified copies of public records. A copy of an official record or report or
entry therein, or of a do***ent authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) of this rule or complying with any applicable statute or rule. |
|
Rule 902.
#5 Self-Authentication |
(5) Official publications. Books, pamphlets, or other publications purporting to
be issued by public authority. |
|
Rule 902.
#6 Self-Authentication |
(6) Newspapers and periodicals. Printed materials purporting to be newspapers or
periodicals. |
|
Rule 902.
#7 Self-Authentication |
(7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels
purporting to have been affixed in the course of business and indicating ownership, control, or origin. |
|
Rule 902.
#8 Self-Authentication |
(8) Acknowledged do***ents. Do***ents accompanied by a certificate of
acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments. |
|
Rule 902.
#9 Self-Authentication |
(9) Commercial paper and related do***ents. Commercial paper, signatures thereon,
and do***ents relating thereto to the extent provided by general commercial law. |
|
Rule 902.
#10 Self-Authentication |
(10) Presumptions under statutes. Any signature, do***ent, or other matter
declared by applicable statute to be presumptively or prima facie genuine or authentic. |
|
Rule 902.
#11 Self-Authentication |
(11) Certified domestic records of regularly conducted activity. The original or
a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration of its custodian or other qualified person certifying that the record: (a) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (b) was kept in the course of the regularly conducted activity; and (c) was made by the regularly conducted activity as a regular practice. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them. |
|
Rule 902.
#12 Self-Authentication |
(12) Certified Foreign Records of Regularly Conducted Activity. In a civil case,
the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian or other qualified person certifying that the record: (a) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (b) was kept in the course of the regularly conducted activity; and (c) was made by the regularly conducted activity as a regular practice. The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them. |
|
Rule 903.
Subscribing Witness' Testimony Unnecessary |
The testimony of a subscribing witness is not necessary to authenticate a writing
unless required by the laws of the jurisdiction whose laws govern the validity of the writing. |
|
Rule 1001.
#1 Definitions |
For purposes of this article the following definitions are applicable:
(1) Writings and recordings. "Writings" and "recordings" consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation. |
|
Rule 1001.
#2 Definitions |
(2) Photographs. "Photographs" include still photographs, x-ray films, video
tapes, and motion pictures. |
|
Rule 1001.
#3 Definitions |
(3) Original. An "original" of a writing or recording is the writing or recording
itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original". |
|
Rule 1001.
#4 Definitions |
(4) Duplicate. A "duplicate" is a counterpart produced by the same impression as
the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. |
|
Rule 1002.
Requirement of Original |
To prove the content of a writing, recording, or photograph, the original writing,
recording or photograph is required, except as otherwise provided in these rules or by applicable statute or rule. |
|
Rule 1003.
Admissibility of Duplicates |
A duplicate is admissible to the same extent as an original unless (1) a genuine
question is raised as to the authenticity of the original or (2) in the cir***stances it would be unfair to admit the duplicate in lieu of the original. |
|
Rule 1004.
#1 Admissibility of Other Evidence of Contents |
The original is not required, and other evidence of the contents of a writing,
recording, or photograph is admissible if-- (1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or |
|
Rule 1004.
#2 Admissibility of Other Evidence of Contents |
(2) Original not obtainable. No original can be obtained by any available
judicial process or procedure; or |
|
Rule 1004.
#3 Admissibility of Other Evidence of Contents |
(3) Original in possession of opponent. At a time when an original was under the
control of the party against whom offered, the party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or |
|
Rule 1004.
#4 Admissibility of Other Evidence of Contents |
(4) Collateral matters. The writing, recording, or photograph is not closely
related to a controlling issue. |
|
Rule 1005.
Public Records |
The contents of an official record, or of a do***ent authorized to be recorded or
filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. |
|
Rule 1006.
Summaries |
The contents of voluminous writings, recordings, or photographs which cannot
conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court. |
|
Rule 1007.
Testimony or Written Admission of Party |
Contents of writings, recordings, or photographs may be proved by the testimony or
deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original. |
|
Rule 1008.
Functions of Court and Jury |
When the admissibility of other evidence of contents of writings, recordings, or
photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact. |
|
Rule 1101 a.
Applicability of Rules |
(a) Courts and magistrates. These rules apply to all courts of the State and to
magistrates, and court commissioners and justices of the peace, masters and referees in actions, cases, and proceedings and to the extent hereinafter set forth. The terms "judge" and "court" in these rules include magistrates, court commissioners and justices of the peace. |
|
Rule 1101 b.
Applicability of Rules |
(b) Proceedings generally. These rules apply generally to civil actions and
proceedings, to contempt proceedings except those in which the court may act summarily, and to criminal cases and proceedings except as otherwise provided in the Arizona Rules of Criminal Procedure. |
|
Rule 1101 c.
Applicability of Rules |
(c) Rule of privilege. The rule with respect to privileges applies at all stages
of all actions, cases, and proceedings. |
|
Rule 1101 d.
Applicability of Rules |
(d) Rules inapplicable. The rules (other than with respect to privileges) do not
apply to proceedings before grand juries. |
|
Rule 1103.
***le |
These rules may be known and cited as the Arizona Rules of Evidence.
|