Rule 505. Comment upon or inference from claim of privilege
Rule 505. Comment upon or inference from claim of privilege. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by the court or counsel. No inference may be drawn therefrom. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 601. Competency in general; disqualification
Rule 601. Competency in general; disqualification. (a) General rule competency. Every person is competent to be a witness except as otherwise provided in these rules. (b) Disqualification of witnesses. A person is disqualified to be a witness if the court finds that (1) the witness is incapable of expression concerning the matter so as to be understood by the […]
Rule 602. Lack of personal knowledge
Rule 602. Lack of personal knowledge. A witness may not testify as to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness’ own testimony. This rule is subject to the provisions of Rule […]
Rule 603. Oath or affirmation
Rule 603. Oath or affirmation. Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness’ conscience and impress the witness’ mind with the duty to do so. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977; […]
Rule 302. Applicability of federal law in civil cases
Rule 302. Applicability of federal law in civil cases. In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which federal law supplies the rule of decision is determined in accordance with federal law. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. […]
Rule 401. Definition of relevant evidence
Rule 401. Definition of relevant evidence. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Relevant evidence may include evidence bearing upon the credibility of a witness or hearsay declarant. […]
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible. All relevant evidence is admissible, except as otherwise provided by constitution, statute, these rules, or other rules applicable in the courts of this state. Evidence which is not relevant is not admissible. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. […]
Rule 404. Character evidence not admissible to prove conduct, exceptions; other crimes; character in issue
Rule 404. Character evidence not admissible to prove conduct, exceptions; other crimes; character in issue. (a) Character evidence generally. Evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: (1) Character of accused. Evidence of a pertinent trait of character offered by […]
Rule 405. Methods of proving character
Rule 405. Methods of proving character. (a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. (b) Specific […]