Rule 611(c): Leading
Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
Rule 403: Asked and Answered
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 401: Relevance
Evidence is relevant if:
(a) it have any tendency to make a fact more or less probable
than it would be without the evidence; and
(b) The fact is of consequence in determining the action.
Rule 602: Lack of Personal Knowledge
A witness may testify about a matter only if there is evidence showing that the witness has personal knowledge of that matter. Evidence to prove personal knowledge may consist of the witness’s own testimony.
This rule does not apply to a witness’s expert testimony under Rule 703.
Rule 701: Opinion Testimony by Lay Witnesses
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
(a) rationally based on the witness’s perception;
(b) helpful to clearly understand the witness’s testimony or to determine a fact in issue; and
(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Rule 702: Testimony by Expert Witnesses
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:
(a) The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) The testimony is based on sufficient facts or data.
(c) The testimony is the product of reliable principles and methods; and
(d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
Rule 801: Hearsay
‘‘Statement’’ means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
Rule 402: General Admissibility of Relevant Evidence
Relevant evidence is admissible unless any of the following provides otherwise:
* the United States Constitution;
* a federal statute;
* these rules; or
* other rules prescribed by the Supreme Court.
Irrelevant evidence is not admissible.
Rule 802: The Rule Against Hearsay
Hearsay is not admissible unless any of the following provides otherwise:
* a federal statute;
* these rules; or
* other rules prescribed by the Supreme Court.
Rule 611 (a): CONTROL BY THE COURT
The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence to:
(1) make those procedures effective for determining the truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue embarrass- ment.
Rule 611(b): SCOPE OF CROSS-EXAMINATION
Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.
Rule 404: Character Evidence
Evidence of a person’s character or char-
A character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
Rule 802: Not Hearsay
Hearsay is not admissible unless any of the following provides otherwise:
* a federal statute;
* these rules; or
* other rules prescribed by the Supreme Court.
Rule 803: Exceptions to Hearsay
The following are not excluded by the rule against hearsay, re- gardless of whether the declarant is available as a witness:
(1) Present Sense Impression. A statement describing or ex- plaining an event or condition, made while or immediately after the declarant perceived it.
(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
(3) Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
(4) Statement Made for Medical Diagnosis or Treatment. A statement that:
(A) is made for—and is reasonably pertinent to—medical diagnosis or treatment; and
Rule 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the fol- lowing: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
