What is the motion for evidence Rule 404 B disclosure in Indiana?

What three conditions must be present before a prosecutor charges a criminal case?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

How long does a judge have to rule on a motion in Indiana?

In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial ...

What are the requirements for 404b?

Section 404(b) of the SOX Act helps ensure companies are honest about their finances. It requires them to have yearly checks of their internal controls to prevent fraud. By following these rules and having strong controls in place, companies can make investors and others trust that their financial reports are accurate.

What is Mass Rules of Evidence 404?

Section 404 - Character Evidence; Crimes or Other Acts (a) Character Evidence. (1) Prohibited Uses. Evidence of a person's character or a character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

Are guilty pleas admissible evidence?

A plea of guilty . . . in any summary proceedings before a magistrate shall be inadmissible as evidence in every civil proceeding arising out of the same violations or under the same facts or circumstances.

What is the best evidence rule in Indiana?

The best evidence rule is codified as Indiana Evidence Rule 1002 . . . . An original writing, recording, or photograph is required in order to prove its content unless these rules or a statute provides otherwise.

What is the best evidence rule objection?

As codified in Evidence Code Section 1500, the Best Evi- dence Rule provides: Except as otherwise provided by statute, no evidence other than the original of a writing is admissible to prove the content of a writing. This section shall be known and may be cited as the best evidence rule.

What is a motion to suppress evidence Indiana?

If it appears that a piece of evidence was obtained illegally, either because a law was broken or the client's constitutional rights were violated, a motion to suppress evidence may be filed, requesting that the court suppress the evidence. If granted, that evidence cannot be used in trial.

What does motion for disclosure mean in court?

Motion for disclosure is a request asking a judge to issue an order requiring the other party to disclose something.

What is an example of inadmissible character evidence?

Character evidence is not admissible to prove conduct in civil cases. For example, a defendant cannot offer the testimony of friends (or her own testimony) that she is usually a very careful driver as circumstantial evidence she was probably driving carefully and not negligently on the day of an accident.

Is reputation evidence hearsay?

Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns an event of general history of the community or of the state or nation of which the community is a part and the event was of importance to the community.

What does 404 B evidence mean?

Federal Rule of Evidence 404(b) provides that prior act evidence “is not admissible to prove the character of a person in order to show action in conformity therewith.” Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.

How can a judge exclude evidence?

Section 352 provides that “the court, in its discretion, may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.” ...

What is the rule 404 in civil cases?

The Rule has been amended to clarify that in a civil case evidence of a person's character is never admissible to prove that the person acted in conformity with the character trait.

What triggers 404b?

Section 404(b) of the 2002 Public Company Accounting Reform and Investor Protection Act (also known as the Sarbanes-Oxley Act, or SOX) requires the independent auditor of a public company to attest to, and report on, management's assessment of its internal accounting controls.

What is the difference between 404 A and 404b?

Remember that section 404(a) mandates management performs an internal assessment, while section 404(b) requires an independent auditor to evaluate whether management's assessment of the company's internal controls is accurate.

What are the four requirements for evidence to be admitted to court?

What is the lazy judge rule in Indiana?

These Indiana Trial Rules are officially titled “Failure to rule on motion” and “Time for holding issue under advisement; delay of entering a judgment” but are commonly known as the “lazy judge” rules.

Do judges read motions before court?

If you are referring to motions on legal issues the judge will review them in the course of the hearing or trial. If you are referring to documents to be submitted as evidence the judge may rule on their relevance and/or admissibility prior to going forward .