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 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 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 […]
Rule 615. Exclusion of witnesses
Rule 615. Exclusion of witnesses. At the request of a party, the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or […]
Rule 701. Opinion testimony by lay witnesses
Rule 701. Opinion testimony by lay witnesses. If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness’ testimony or the […]
Rule 702. Testimony by experts
Rule 702. Testimony by experts. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise. History: Ad. Sup. Ct. Ord. […]
Rule 703. Basis of opinion testimony by experts
Rule 703. Basis of opinion testimony by experts. The facts or data in a particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in a particular field in forming opinions […]
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.