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the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
The appellate court noted that in cases that rely heavily on expert testimony, a district court should set a discovery [16] and trial schedule that realistically provides both sides with an adequate opportunity to introduce necessary evidence. The application of Federal Rule of Evidence 702 to proposed expert testimony can often be an uncertain ...
In United States law, the Frye standard, Frye test, or general acceptance test is a judicial test used in some U.S. state courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific ...
In most jurisdictions including in federal courts, both the witness-spouse and the accused-spouse have the spousal communications privilege, so either may invoke it to prevent the witness-spouse from testifying about a confidential communication made during the marriage even if neither spouse is a party in the trial. [4]
The "statements against interest" rule is different because: It is party neutral (the hearsay exemption is party-specific). The declarant must be unavailable. The statement must be against the penal interest (under federal rules of evidence) or the fiscal or social interest (under the rules of states not following the federal rules).
The rule specified that the application of expert witnesses had to be attributed to a person with "scientific or technical knowledge," in conjunction with a list of qualifications that would quality one to be an expert in terms of "knowledge, skill, experience, training or education". [14]
The following outline is provided as an overview of and topical guide to evidence law in the United States: Evidence law in the United States – sets forth the areas of contention that generally arise in the presentation of evidence in trial proceedings in the U.S.
Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, even if one party wishes to plead evidence to the contrary. Judicial notice is frequently used for the simplest, most obvious common sense facts, such as which day of the week corresponded to a particular ...