Rule 1001. Definitions
Rule 1001. Definitions. For purposes of this article the following definitions are applicable: (1) Writings and recordings. Writings and recordings consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation. (2) Photographs. Photographs include still photographs, x-ray films, video tapes, […]
Rule 1002. Requirement of original
Rule 1002. Requirement of original. To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided by statute, these rules, or other rules applicable in the courts of this state. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 1003. Admissibility of duplicates, copies of certain entries
Rule 1003. Admissibility of duplicates, copies of certain entries. A duplicate, or copy of an entry in the regular course of business as defined in Rule 1001(5), is admissible to the same extent as an original unless: (1) a genuine question is raised as to the authenticity of the original; or (2) in the circumstances it would be unfair […]
Rule 1004. Admissibility of other evidence of contents
Rule 1004. Admissibility of other evidence of contents. The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: (1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (2) Original not obtainable. No original can […]
Rule 704. Opinions on ultimate issue
Rule 704. Opinions on ultimate issue. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 705. Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination. History: Ad. Sup. […]
Rule 801. Definitions
Rule 801. Definitions. The following definitions apply under this article: (a) Statement. A statement is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. (b) Declarant. A declarant is a person who makes a statement. (c) Hearsay. Hearsay is a statement, other than one made by […]
Rule 802. Hearsay rule
Rule 802. Hearsay rule. Hearsay is not admissible except as otherwise provided by statute, these rules, or other rules applicable in the courts of this state. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 803. Hearsay exceptions: availability of declarant immaterial
Rule 803. Hearsay exceptions: availability of declarant immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. (2) Excited utterance. A statement relating to […]
Rule 614. Calling and interrogation of witnesses by court
Rule 614. Calling and interrogation of witnesses by court. (a) Calling by court. The court may, on its own motion or at the suggestion of a party, call witnesses and all parties are entitled to cross-examine witnesses thus called. (b) Interrogation by court. The court may interrogate witnesses, whether called by itself or a party; provided, however, that in […]