Rule 1008. Functions of court and jury
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 for the court to determine in accordance with the provisions of Rule 104. History: Ad. Sup. Ct. […]
Rule 1005. Public records
Rule 1005. Public records. The contents of an official record, or of a document 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 […]
Rule 1006. Summaries
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 […]
Rule 1007. Testimony or written admission of party
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. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977; amd. Sup. Ct. […]
Rule 804. Hearsay exceptions: declarant unavailable
Rule 804. 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 […]
Rule 805. Hearsay within hearsay
Rule 805. Hearsay within hearsay. Hearsay included within hearsay is not excluded under the hearsay rule if each part of a combined statement conforms with an exception to the hearsay rule provided in these rules. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 806. Attacking and supporting the credibility of declarant
Rule 806. Attacking and supporting the credibility of declarant. When a hearsay statement, or a statement defined by 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 the declarant had testified […]
Rule 901. Requirement of authentication or identification
Rule 901. 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. (b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of […]
Rule 902. Self-authentication
Rule 902. Self-authentication. Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: (1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or of a political subdivision, department, officer, […]
Rule 903. Subscribing witness’ testimony unnecessary
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. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.