Rules:

Rule 3, Witness testimony (page 48): Witnesses are not bound by the facts in others' witness statements. Rule 4, Unfair Extrapolation (page 49): Answers not found directly in a witness's statement must be consistent with their statement and can not materially affect the witness's testimony. Rule 37, Objections (page 57): 1. Argumentative Questions 2. Lack of Proper Foundation 3. Assuming Facts Not In Evidence 4. Question Calls for Narrative or General Answer 5. Non-Responsive Answer 6. Repetition Rule 38, Entering Exhibits (Page 57): 1. Your honor, permission to approach opposing council, the bench and the witness with what is marked Exhibit _____. 2. Give copy to opposing council, clerk and witness. 3. (To witness), Can you please identify Exhibit _____ for the court? 4. (To judge), Your honor, we offer Exhibit _____ into evidence at this time, the authenticity of the exhibit has been stipulated. 5. Answer objections. 6. Ask questions about the exhibit to witness, can show exhibit to jury. 7. Take exhibit from witness and give to clerk (the clerk will then have 2) Rule 40, Redirect/Recross (page 58): Limited only to what was brought up in cross examination (redirect) or redirect (recross). Also limited to 2 questions. Rule 401, Relevance (page 60): Relevance information is any information that makes an action more probable or less probable if that information was not present. Rule 402, Admissibility of Relevance (page 60): Irrelevant information is not admissible. Rule 403, Evidence w/ prejudice , confusion or waste of time (page 60): Relevant evidence may not be admissible if having unfair prejudice, confuses issues, is misleading, or causes unneeded delay. Rule 404, Character Evidence (page 61): A. Not admissible to specific actions except; A1. Character of the accused A2. Character of victim A3. Character of witness B. Evidence of other crimes, wrongs or acts not admissible to show an action conforms to character. Can be used to show motive, opportunity, intent preparation, plan, knowledge, identity, or absence of mistake or accident Rule 602, Personal Knowledge (page 62): Witness can not testify to matters they do not have personal knowledge to.

Rule 608, Attacking Character (page 63): A1. Evidence to attack credibility of witness can only be used to show truthfulness or untruthfulness. A2. Evidence to prove truthful character can only be used after the person's truthfulness has been attacked. Rule 701, Testimony by Lay Witness (page 64): A. Opinions by lay witness must be rationally based on the perception of the witness. B. Helpful to a clear understanding of the witness's testimony Rule 702, Testimony by Experts (page 65): May use opinions only in expertise. Rule 703, Bases of Testimony of Experts (page 65): Experts may rely on material not general admissible as evidence if it is generally relied upon by others in their field to create opinions. Rule 801, ***HEARSAY*** (page 66): C. Hearsay is admissible if its intention is NOT TO PROVE THE TRUTH OF THE MATTER ASSERTED, (ie, admissible if you are not trying to prove someone said or wrote something) D1. Statements are not hearsay if the declarant testifies at trial and can be cross examined D1a. If it is inconsistent with the declarant's testimony D1b. Consistent with the declarant's testimony, but offered to rebut a charge against the declarant D1c. If it is used to identify a person after seeing that person 2. Statement is not hearsay if it was an admission by party opponent (defendant) Rule 802, Admissibility (page 67): Hearsay is not admissible, who would of guessed. Rule 803, Exceptions of Hearsay (page 67): 1. Present Sense Impression- Explaining an event while, or immediately after, it occurred. 2. Excited Utterance- A statement made under the stress of excitement 3. Existing Mental, Emotional or Physical Condition- Statement about the declarant's present state of mind, emotion, sensation or physical condition (includes intent, plan, motive, design, mental feeling, pain and bodily health) 4. Statement for Purposes of Medical Diagnosis or Treatment- 21. Reputation as to Character- Reputation of a persons character amongst people in the community. Rule 805, Hearsay within Hearsay (page 67): Hearsay within hearsay is admissible if each instance of hearsay is an exception mentioned in Rule 801 and 803.