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Article IV
- Relevancy and Its Limits
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
Relevant evidence is admissible, except as otherwise
provided in these Rules. Irrelevant evidence is
not admissible. Explanation: Questions and answers
must relate to an issue in the case; this is called
"relevance." Questions or answers that
do not relate to an issue in the case are "irrelevant"
and inadmissible.
Example: (In a traffic accident case) "Mrs.
Smith, how many times have you been
married?"
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 outweighed by the danger
of unfair prejudice, if it confuses the issues,
if it is misleading, or if it causes undue delay,
wastes of time, or is a needless presentation
of cumulative evidence.
Rule 404. Character Evidence Not admissible
to Prove Conduct; Exceptions; Other Crimes
(a) Character Evidence. - Evidence
of a person's character or character trait, is
not admissible to prove action regarding a particular
occasion, except:
(1) Character of accused. - Evidence of a pertinent
character trait offered by an accused, or by the
prosecution to rebut same;
(2) Character of victim. - Evidence of a pertinent
character trait of the victim of the crime offered
by an accused, or by the prosecution to rebut
same, or evidence of a character trait of peacefulness
of the victim offered buy the prosecution in a
homicide case to rebut evidence that the victim
was the 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. - Evidence of other crimes, wrongs, or acts
is not admissible to prove character of a person
in order to show an action conforms to character.
It may, however, be admissible for other purposes,
such as proof of motive, opportunity, intent,
preparation, plan, knowledge, identity, or absence
of mistake or accident.
Rule 405. Methods of Proving Character
(a) Reputation or opinion. -In
all cases where evidence of character or a character
trait is admissible, proof may be by testimony
as to reputation or in the fom1 of an opinion.
On cross- examination, questions may be asked
regarding relevant, specific conduct. .. .
(b) Specific instances of conduct.
- In cases where character or a character trait
IS an essential element of a charge, claim, or
defense, proof may also be made of specific instances
of that person's conduct.
Rule 407. Subsequent Remedial Measures
When measures are taken after an event which,
if taken before, 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 or
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 compromisu1g
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 exclusions 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, negating a contention
of undue delay, or proving an effort to obstruct
investigation or prosecution.
Rule 409. Payment of Medical or 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 411. Liability Insurance (civil case
only)
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.
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