Evidence - Relevance

(1) Material; and
(2) Probative

Relevant evidence may be excluded if the 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
• Needlessly presents cumulative evidence

The evidence must bear on a fact of consequence

• Facts that go to the issues raised in the case (in light of the substantive law)
• Information regarding the credibility of witnesses
• Background information about witnesses or the event (things that help give the narrative life and color)

• The evidence must tend to make the fact more or less probable than it would have been without the evidence
• It is enough if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence

 Types of out of court statements that are not hearsay because they are not presented to prove the truth of the matter asserted.

• In order for the jury to believe that the witness has been inconsistent, the jury need only believe that the the declarant did in fact state what the witness testified. The truth of the matter asserted need not be believed.

Legal significance is independent from the matter asserted.

If the statement is presented to address an issue arising from the conduct of a reader or listener, then the out of court statement is admissible. Not hearsay.

Words are presented for their distinguishing visual characteristics to identify a person or object rather than the actual assertion that the words made.

The proponent must show that the words and tenor of the statement are circumstantial evidence of the declarant’s state of mind. The proponent’s purpose must be satisfied regardless of whether the statement is true or false.