Evidence - Relevance, Hearsay, and Impeachment
Evidence tests what the jury may hear: relevance, hearsay, character, impeachment, privilege, expert testimony, and burdens. Ask whether the evidence is offered for its truth; if not, the hearsay rule does not apply.
Core rules
- Relevance requires a tendency to make a fact more or less probable; Rule 403 excludes if probative value is substantially outweighed by unfair prejudice.
- Hearsay is an out-of-court statement offered for its truth; exemptions include party-opponent statements and prior consistent statements.
- Exceptions include excited utterance, present sense impression, business records, and statements against interest.
- Character evidence is generally inadmissible to prove conduct, except for specific purposes such as motive or identity. Expert testimony requires reliability and fit.
Worked example
A bystander calls 911 and says, 'A blue car just ran the red light and hit the pedestrian.' The statement is hearsay if offered to prove the car ran the light, but it fits the excited utterance exception if the declarant was under the stress of the event. If offered only to show why the officer responded, it is not hearsay.
Traps
Do not treat every out-of-court statement as hearsay. Do not use character evidence to infer conduct in a civil case. Do not forget the Confrontation Clause for testimonial statements by unavailable declarants.