What is the rule of evidence 404 in PA?

What is pa rules of evidence 404?

404(b)(1). It prohibits the use of evidence of other crimes, wrongs, or acts to prove a person's character. federal rule requires the defendant in a criminal case to make a request for notice of the prosecutor's intent to offer evidence of other crimes, wrongs or acts. This issue is covered in Pa.

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 best evidence rule in PA?

The general rule in Pennsylvania is that when the contents of a writing, recording, or photograph are attempted to be proven, the offering party is required to produce the original into evidence.

What is the best evidence rule 1004?

Rule 1004(1) provides that secondary evidence is admissible if all the originals are lost or destroyed, provided that the offering party has not lost or destroyed the originals in bad faith.

What is the PA rule of evidence 403?

403. The Federal Rule provides that relevant evidence may be excluded if its probative value is “substantially outweighed.” Pa. R.E. 403 eliminates the word “substantially” to conform the text of the rule more closely to Pennsylvania law.

What is the 402 rule in PA?

All relevant evidence is admissible, except as otherwise provided by law. Evidence that is not relevant is not admissible.

What is the rule of evidence 405 in PA?

Rule 405 - Methods of Proving Character (a)By Reputation. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation. Testimony about the witness's opinion as to the character or character trait of the person is not admissible.

What is the rule of evidence 1003 in PA?

A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate. The provisions of this Rule 1003 amended March 29, 2001, effective 4/1/2001, 31 Pa.

What does Motion for evidence Rule 404 B disclosure mean?

404(b) evidence is evidence of prior bad acts that the prosecution can introduce in their case-in-chief. Under Federal Rule of Evidence (commonly abbreviated 'FRE') 404(b), the prosecution is able to introduce evidence of Defendant's prior bad acts that are not charged in the instant criminal case.

What is the rule 402 evidence?

California Code, Evidence Code - EVID § 402

(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

What is Rule 408 of Rules of Evidence?

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 the credible evidence rule?

CE Rule removes (perceived?) bar to admission of information other than performance test data to prove compliance or violations; CE re-emphasizes continuous compliance - source owners can not ignore other information relative to compliance.

What is the most basic rule of evidence?

In general, relevant evidence is admissible. Evidence is relevant if it makes a material fact more or less probable.

What is the exculpatory evidence requirement?

Exculpatory and impeachment evidence is material to a finding of guilt—and thus the Constitution requires disclosure—when there is a reasonable probability that effective use of the evidence will result in an acquittal. United States v. Bagley, 475 U.S. 667, 676 (1985).

What is the strongest form of evidence against a defendant?

Direct evidence carries significant weight in a trial as it leaves little room for doubt or interpretation. It provides a strong basis for establishing the guilt of a defendant and can significantly impact the outcome of a case.

What evidence should not be admissible in court?

Inadmissible evidence is evidence that lawyers can't present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items. For example, investigators use polygraph tests to determine whether a person is lying about the events of a case.

What 3 things must evidence be to be used in court?

What is the rule of evidence 403 in PA?

403. The court may exclude relevant evidence if its probative value is outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

What could cause evidence to be inadmissible in court?

Under certain circumstances, relevant evidence will be inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice , confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative.