/Users/andrea/_magisterarbeit/korpus/clean/testkorpus/25/file18.html NN ----------------------------------------- : Federal NP Rules NPS of IN Evidence NN collection NN home NN tell VV me PP more RBR donate VV search NN ARTICLE NN I PP . SENT GENERAL JJ PROVISIONS NNS Table NN of IN Contents NNS Rule NP 101 CD . SENT Scope NN These DT rules NNS govern VVP proceedings NNS in IN the DT courts NNS of IN the DT United NP States NPS and CC before IN United NP States NPS bankruptcy NN judges NNS and CC United NP States NPS magistrate NN judges NNS , , to TO the DT extent NN and CC with IN the DT exceptions NNS stated VVN in IN rule NN 1101 CD . SENT Notes NNS Rule NP 102 CD . SENT Purpose NN and CC Construction NN These DT rules NNS shall MD be VB construed VVN to TO secure VV fairness NN in IN administration NN , , elimination NN of IN unjustifiable JJ expense NN and CC delay NN , , and CC promotion NN of IN growth NN and CC development NN of IN the DT law NN of IN evidence NN to TO the DT end NN that IN the DT truth NN may MD be VB ascertained VVN and CC proceedings NNS justly RB determined VVN . SENT Notes NNS Rule NP 103 CD . SENT Rulings NNS on IN Evidence NN a DT Effect NN of IN erroneous JJ ruling NN . SENT Error NN may MD not RB be VB predicated VVN upon IN a DT ruling NN which WDT admits VVZ or CC excludes VVZ evidence NN unless IN a DT substantial JJ right NN of IN the DT party NN is VBZ affected VVN , , and CC 1 CD Objection NN . SENT In IN case NN the DT ruling NN is VBZ one CD admitting VVG evidence NN , , a DT timely JJ objection NN or CC motion NN to TO strike NN appears VVZ of IN record NN , , stating VVG the DT specific JJ ground NN of IN objection NN , , if IN the DT specific JJ ground NN was VBD not RB apparent JJ from IN the DT context NN . SENT or CC 2 CD Offer NN of IN proof NN . SENT In IN case NN the DT ruling NN is VBZ one CD excluding VVG evidence NN , , the DT substance NN of IN the DT evidence NN was VBD made VVN known VVN to TO the DT court NN by IN offer NN or CC was VBD apparent JJ from IN the DT context NN within IN which WDT questions NNS were VBD asked VVN . SENT Once RB the DT court NN makes VVZ a DT definitive JJ ruling NN on IN the DT record NN admitting VVG or CC excluding VVG evidence NN , , either CC at IN or CC before IN trial NN , , a DT party NN need MD not RB renew VV an DT objection NN or CC offer NN of IN proof NN to TO preserve VV a DT claim NN of IN error NN for IN appeal NN . SENT b SYM Record NP of IN offer NN and CC ruling VVG The DT court NN may MD add VV any DT other JJ or CC further JJR statement NN which WDT shows VVZ the DT character NN of IN the DT evidence NN , , the DT form NN in IN which WDT it PP was VBD offered VVN , , the DT objection NN made VVD , , and CC the DT ruling NN thereon RB . SENT It PP may MD direct VV the DT making NN of IN an DT offer NN in IN question NN and CC answer NN form NN . SENT c SYM Hearing NP of IN jury NN In IN jury NN cases NNS , , proceedings NNS shall MD be VB conducted VVN , , to TO the DT extent NN practicable JJ , , so RB as RB to TO prevent VV inadmissible JJ evidence NN from IN being VBG suggested VVN to TO the DT jury NN by IN any DT means NNS , , such JJ as IN making VVG statements NNS or CC offers NNS of IN proof NN or CC asking VVG questions NNS in IN the DT hearing NN of IN the DT jury NN . SENT d SYM Plain NP error NN Nothing NN in IN this DT rule NN precludes VVZ taking VVG notice NN of IN plain JJ errors NNS affecting VVG substantial JJ rights NNS although IN they PP were VBD not RB brought VVN to TO the DT attention NN of IN the DT court NN . SENT Notes NNS Rule NP 104 CD . SENT Preliminary JJ Questions NNS a DT Questions NNS of IN admissibility NN generally RB . SENT Preliminary JJ questions NNS concerning VVG the DT qualification NN of IN a DT person NN to TO be VB a DT witness NN , , the DT existence NN of IN a DT privilege NN , , or CC the DT admissibility NN of IN evidence NN shall MD be VB determined VVN by IN the DT court NN , , subject JJ to TO the DT provisions NNS of IN subdivision NN b NN . SENT In IN making VVG its PP$ determination NN it PP is VBZ not RB bound VVN by IN the DT rules NNS of IN evidence NN except IN those DT with IN respect NN to TO privileges NNS . SENT b SYM Relevancy NN conditioned VVN on IN fact NN . SENT When WRB the DT relevancy NN of IN evidence NN depends VVZ upon IN the DT fulfillment NN of IN a DT condition NN of IN fact NN , , the DT court NN shall MD admit VV it PP upon RP , , or CC subject JJ to TO , , the DT introduction NN of IN evidence NN sufficient JJ to TO support VV a DT finding NN of IN the DT fulfillment NN of IN the DT condition NN . SENT c SYM Hearing NP of IN jury NN . SENT Hearings NNS on IN the DT admissibility NN of IN confessions NNS shall MD in IN all DT cases NNS be VB conducted VVN out RP of IN the DT hearing NN of IN the DT jury NN . SENT Hearings NNS on IN other JJ preliminary JJ matters NNS shall MD be VB so RB conducted VVN when WRB the DT interests NNS of IN justice NN require VVP , , or CC when WRB an DT accused VVN is VBZ a DT witness NN and CC so RB requests NNS . SENT d SYM Testimony NN by IN accused VVN . SENT The DT accused VVD does VVZ not RB , , by IN testifying VVG upon IN a DT preliminary JJ matter NN , , become VVN subject JJ to TO cross VV examination NN as RB to TO other JJ issues NNS in IN the DT case NN . SENT e SYM Weight NP and CC credibility NN . SENT This DT rule NN does VVZ not RB limit VV the DT right NN of IN a DT party NN to TO introduce VV before IN the DT jury NN evidence NN relevant JJ to TO weight NN or CC credibility NN . SENT Notes NNS Rule NP 105 CD . SENT Limited JJ Admissibility NN When WRB evidence NN which WDT is VBZ admissible JJ as RB to TO one CD party NN or CC for IN one CD purpose NN but CC not RB admissible JJ as RB to TO another DT party NN or CC for IN another DT purpose NN is VBZ admitted VVN , , the DT court NN , , upon IN request NN , , shall MD restrict VV the DT evidence NN to TO its PP$ proper JJ scope NN and CC instruct VV the DT jury NN accordingly RB . SENT Notes NNS Rule NP 106 CD . SENT Remainder NN of IN or CC Related JJ Writings NNS or CC Recorded VVN Statements NNS When WRB a DT writing NN or CC recorded JJ statement NN or CC part NN thereof RB is VBZ introduced VVN by IN a DT party NN , , an DT adverse JJ party NN may MD require VV the DT introduction NN at IN that DT time NN of IN any DT other JJ part NN or CC any DT other JJ writing NN or CC recorded JJ statement NN which WDT ought MD in IN fairness NN to TO be VB considered VVN contemporaneously RB with IN it PP . SENT Notes NNS ARTICLE NN II NP . SENT JUDICIAL JJ NOTICE NN Table NN of IN Contents NNS Rule NP 201 CD . SENT Judicial JJ Notice NN of IN Adjudicative JJ Facts NNS a DT Scope NN of IN rule NN . SENT This DT rule NN governs VVZ only RB judicial JJ notice NN of IN adjudicative JJ facts NNS . SENT b SYM Kinds NNS of IN facts NNS . SENT A DT judicially RB noticed VVN fact NN must MD be VB one CD not RB subject JJ to TO reasonable JJ dispute NN in IN that WDT it PP is VBZ either RB 1 CD generally RB known VVN within IN the DT territorial JJ jurisdiction NN of IN the DT trial NN court NN or CC 2 CD capable JJ of IN accurate JJ and CC ready JJ determination NN by IN resort NN to TO sources NNS whose WP$ accuracy NN cannot NN reasonably RB be VB questioned VVN . SENT c NN When WRB discretionary JJ . SENT A DT court NN may MD take VV judicial JJ notice NN , , whether IN requested VVN or CC not RB . SENT d NN When WRB mandatory JJ . SENT A DT court NN shall MD take VV judicial JJ notice NN if IN requested VVN by IN a DT party NN and CC supplied VVN with IN the DT necessary JJ information NN . SENT e SYM Opportunity NP to TO be VB heard VVN . SENT A DT party NN is VBZ entitled VVN upon IN timely JJ request NN to TO an DT opportunity NN to TO be VB heard VVN as RB to TO the DT propriety NN of IN taking VVG judicial JJ notice NN and CC the DT tenor NN of IN the DT matter NN noticed VVD . SENT In IN the DT absence NN of IN prior JJ notification NN , , the DT request NN may MD be VB made VVN after IN judicial JJ notice NN has VHZ been VBN taken VVN . SENT f SYM Time NP of IN taking VVG notice NN . SENT Judicial JJ notice NN may MD be VB taken VVN at IN any DT stage NN of IN the DT proceeding NN . SENT g NN Instructing VVG jury NN . SENT In IN a DT civil JJ action NN or CC proceeding NN , , the DT court NN shall MD instruct VV the DT jury NN to TO accept VV as RB conclusive JJ any DT fact NN judicially RB noticed VVD . SENT In IN a DT criminal JJ case NN , , the DT court NN shall MD instruct VV the DT jury NN that IN it PP may MD , , but CC is VBZ not RB required VVN to TO , , accept VV as RB conclusive JJ any DT fact NN judicially RB noticed VVD . SENT Notes NNS ARTICLE NN III NP . SENT PRESUMPTIONS NNS IN IN CIVIL JJ ACTIONS NNS AND CC PROCEEDINGS NNS Table NN of IN Contents NNS Rule NP 301 CD . SENT Presumptions NNS in IN General NP Civil NP Actions NNS and CC Proceedings NNS In IN all DT civil JJ actions NNS and CC proceedings NNS not RB otherwise RB provided VVN for IN by IN Act NP of IN Congress NP or CC by IN these DT rules NNS , , a DT presumption NN imposes VVZ on IN the DT party NN against IN whom WP it PP is VBZ directed VVN the DT burden NN of IN going VVG forward RB with IN evidence NN to TO rebut VV or CC meet VV the DT presumption NN , , but CC does VVZ not RB shift VV to TO such JJ party NN the DT burden NN of IN proof NN in IN the DT sense NN of IN the DT risk NN of IN nonpersuasion NN , , which WDT remains VVZ throughout IN the DT trial NN upon IN the DT party NN on IN whom WP it PP was VBD originally RB cast VVN . SENT Notes NNS Rule NP 302 CD . SENT Applicability NN of IN State NP Law NP in IN Civil NP Actions NNS and CC Proceedings NNS In IN civil JJ actions NNS and CC proceedings NNS , , the DT effect NN of IN a DT presumption NN respecting IN a DT fact NN which WDT is VBZ an DT element NN of IN a DT claim NN or CC defense NN as IN to TO which WDT State NP law NN supplies VVZ the DT rule NN of IN decision NN is VBZ determined VVN in IN accordance NN with IN State NP law NN . SENT Notes NNS ARTICLE NN IV NP . SENT RELEVANCY NN AND CC ITS PP$ LIMITS NNS Table NN of IN Contents NNS Rule NP 401 CD . SENT Definition NN of IN Relevant JJ Evidence NN Relevant JJ evidence NN means NN evidence NN having VHG any DT tendency NN to TO make VV the DT existence NN of IN any DT fact NN that WDT is VBZ of IN consequence NN to TO the DT determination NN of IN the DT action NN more RBR probable JJ or CC less RBR probable JJ than IN it PP would MD be VB without IN the DT evidence NN . SENT Notes NNS Rule NP 402 CD . SENT Relevant JJ Evidence NN Generally RB Admissible JJ . SENT Irrelevant JJ Evidence NN Inadmissible JJ All DT relevant JJ evidence NN is VBZ admissible JJ , , except IN as RB otherwise RB provided VVN by IN the DT Constitution NP of IN the DT United NP States NPS , , by IN Act NP of IN Congress NP , , by IN these DT rules NNS , , or CC by IN other JJ rules NNS prescribed VVN by IN the DT Supreme NP Court NP pursuant JJ to TO statutory JJ authority NN . SENT Evidence NN which WDT is VBZ not RB relevant JJ is VBZ not RB admissible JJ . SENT Notes NNS Rule NP 403 CD . SENT Exclusion NN of IN Relevant JJ Evidence NN on IN Grounds NPS of IN Prejudice NN , , Confusion NN , , or CC Waste NP of IN Time NP Although IN relevant JJ , , evidence NN may MD be VB excluded VVN if IN its PP$ probative JJ value NN is VBZ substantially RB outweighed VVN by IN the DT danger NN of IN unfair JJ prejudice NN , , confusion NN of IN the DT issues NNS , , or CC misleading VVG the DT jury NN , , or CC by IN considerations NNS of IN undue JJ delay NN , , waste NN of IN time NN , , or CC needless JJ presentation NN of IN cumulative JJ evidence NN . SENT Notes NNS Rule NP 404 CD . SENT Character NN Evidence NN Not RB Admissible JJ To TO Prove VV Conduct NP . SENT Exceptions NNS . SENT Other JJ Crimes NP a DT Character NN evidence NN generally RB Evidence NN of IN a DT person's JJ character NN or CC a DT trait NN of IN character NN is VBZ not RB admissible JJ for IN the DT purpose NN of IN proving VVG action NN in IN conformity NN therewith RB on IN a DT particular JJ occasion NN , , except VV . SENT 1 CD Character NN of IN accused VVN Evidence NN of IN a DT pertinent JJ trait NN of IN character NN offered VVN by IN an DT accused VVN , , or CC by IN the DT prosecution NN to TO rebut VV the DT same JJ , , or CC if IN evidence NN of IN a DT trait NN of IN character NN of IN the DT alleged JJ victim NN of IN the DT crime NN is VBZ offered VVN by IN an DT accused VVN and CC admitted VVN under IN Rule NP 404 CD a DT 2 CD , , evidence NN of IN the DT same JJ trait NN of IN character NN of IN the DT accused VVN offered VVN by IN the DT prosecution NN . SENT 2 CD Character NN of IN alleged JJ victim NN Evidence NN of IN a DT pertinent JJ trait NN of IN character NN of IN the DT alleged JJ victim NN of IN the DT crime NN offered VVN by IN an DT accused VVN , , or CC by IN the DT prosecution NN to TO rebut VV the DT same JJ , , or CC evidence NN of IN a DT character NN trait NN of IN peacefulness NN of IN the DT alleged JJ victim NN offered VVN by IN the DT prosecution NN in IN a DT homicide NN case NN to TO rebut VV evidence NN that IN the DT alleged JJ victim NN was VBD the DT first JJ aggressor NN . SENT 3 CD Character NN of IN witness NN Evidence NN of IN the DT character NN of IN a DT witness NN , , as RB provided VVN in IN rules NNS 607 CD , , 608 CD , , and CC 609 CD . SENT b SYM Other JJ crimes NNS , , wrongs NNS , , or CC acts VVZ Evidence NN of IN other JJ crimes NNS , , wrongs NNS , , or CC acts VVZ is VBZ not RB admissible JJ to TO prove VV the DT character NN of IN a DT person NN in IN order NN to TO show VV action NN in IN conformity NN therewith RB . SENT It PP may MD , , however RB , , be VB admissible JJ for IN other JJ purposes NNS , , such JJ as IN proof NN of IN motive NN , , opportunity NN , , intent NN , , preparation NN , , plan NN , , knowledge NN , , identity NN , , or CC absence NN of IN mistake NN or CC accident NN , , provided VVN that IN upon IN request NN by IN the DT accused VVN , , the DT prosecution NN in IN a DT criminal JJ case NN shall MD provide VV reasonable JJ notice NN in IN advance NN of IN trial NN , , or CC during IN trial NN if IN the DT court NN excuses NNS pretrial JJ notice NN on IN good JJ cause NN shown VVN , , of IN the DT general JJ nature NN of IN any DT such JJ evidence NN it PP intends VVZ to TO introduce VV at IN trial NN . SENT Notes NNS Rule NP 405 CD . SENT Methods NNS of IN Proving VVG Character NN a DT Reputation NN or CC opinion NN . SENT In IN all DT cases NNS in IN which WDT evidence NN of IN character NN or CC a DT trait NN of IN character NN of IN a DT person NN is VBZ admissible JJ , , proof NN may MD be VB made VVN by IN testimony NN as RB to TO reputation NN or CC by IN testimony NN in IN the DT form NN of IN an DT opinion NN . SENT On IN cross NN examination NN , , inquiry NN is VBZ allowable JJ into IN relevant JJ specific JJ instances NNS of IN conduct NN . SENT b SYM Specific JJ instances NNS of IN conduct NN . SENT In IN cases NNS in IN which WDT character NN or CC a DT trait NN of IN character NN of IN a DT person NN is VBZ an DT essential JJ element NN of IN a DT charge NN , , claim NN , , or CC defense NN , , proof NN may MD also RB be VB made VVN of IN specific JJ instances NNS of IN that WDT person's NNS conduct VVP . SENT Notes NNS Rule NP 406 CD . SENT Habit NN . SENT Routine JJ Practice NN Evidence NN of IN the DT habit NN of IN a DT person NN or CC of IN the DT routine JJ practice NN of IN an DT organization NN , , whether IN corroborated VVN or CC not RB and CC regardless RB of IN the DT presence NN of IN eyewitnesses NNS , , is VBZ relevant JJ to TO prove VV that IN the DT conduct NN of IN the DT person NN or CC organization NN on IN a DT particular JJ occasion NN was VBD in IN conformity NN with IN the DT habit NN or CC routine JJ practice NN . SENT Notes NNS Rule NP 407 CD . SENT Subsequent JJ Remedial JJ Measures NNS When WRB , , after IN an DT injury NN or CC harm NN allegedly RB caused VVD by IN an DT event NN , , measures NNS are VBP taken VVN that IN , , if IN taken VVN previously RB , , would MD have VH made VVN the DT injury NN or CC harm VV less RBR likely JJ to TO occur VV , , evidence NN of IN the DT subsequent JJ measures NNS is VBZ not RB admissible JJ to TO prove VV negligence NN , , culpable JJ conduct NN , , a DT defect NN in IN a DT product NN , , a DT defect NN in IN a DT product's JJ design NN , , or CC a DT need NN for IN a DT warning NN or CC instruction NN . SENT This DT rule NN does VVZ not RB require VV the DT exclusion NN of IN evidence NN of IN subsequent JJ measures NNS when WRB offered VVN for IN another DT purpose NN , , such JJ as IN proving VVG ownership NN , , control NN , , or CC feasibility NN of IN precautionary JJ measures NNS , , if IN controverted VVN , , or CC impeachment NN . SENT Notes NNS Rule NP 408 CD . SENT Compromise NN and CC Offers NP to TO Compromise VV Evidence NN of IN 1 CD furnishing VVG or CC offering VVG or CC promising VVG to TO furnish VV , , or CC 2 CD accepting VVG or CC offering VVG or CC promising VVG to TO accept VV , , a DT valuable JJ consideration NN in IN compromising VVG or CC attempting VVG to TO compromise VV a DT claim NN which WDT was VBD disputed VVN as RB to TO either DT validity NN or CC amount NN , , is VBZ not RB admissible JJ to TO prove VV liability NN for IN or CC invalidity NN of IN the DT claim NN or CC its PP$ amount NN . SENT Evidence NN of IN conduct NN or CC statements NNS made VVN in IN compromise NN negotiations NNS is VBZ likewise RB not RB admissible JJ . SENT This DT rule NN does VVZ not RB require VV the DT exclusion NN of IN any DT evidence NN otherwise RB discoverable JJ merely RB because IN it PP is VBZ presented VVN in IN the DT course NN of IN compromise NN negotiations NNS . SENT This DT rule NN also RB does VVZ not RB require VV exclusion NN when WRB the DT evidence NN is VBZ offered VVN for IN another DT purpose NN , , such JJ as IN proving VVG bias NN or CC prejudice NN of IN a DT witness NN , , negativing VVG a DT contention NN of IN undue JJ delay NN , , or CC proving VVG an DT effort NN to TO obstruct VV a DT criminal JJ investigation NN or CC prosecution NN . SENT Notes NNS Rule NP 409 CD . SENT Payment NN of IN Medical NP and CC Similar JJ Expenses NNS Evidence NN of IN furnishing VVG or CC offering VVG or CC promising VVG to TO pay VV medical JJ , , hospital NN , , or CC similar JJ expenses NNS occasioned VVN by IN an DT injury NN is VBZ not RB admissible JJ to TO prove VV liability NN for IN the DT injury NN . SENT Notes NNS Rule NP 410 CD . SENT Inadmissibility NN of IN Pleas NP , , Plea NN Discussions NNS , , and CC Related JJ Statements NNS Except IN as RB otherwise RB provided VVN in IN this DT rule NN , , evidence NN of IN the DT following NN is VBZ not RB , , in IN any DT civil JJ or CC criminal JJ proceeding NN , , admissible JJ against IN the DT defendant NN who WP made VVD the DT plea NN or CC was VBD a DT participant NN in IN the DT plea NN discussions NNS . SENT 1 LS a DT plea NN of IN guilty JJ which WDT was VBD later RBR withdrawn VVN . SENT 2 LS a DT plea NN of IN nolo NP contendere NN . SENT 3 LS any DT statement NN made VVN in IN the DT course NN of IN any DT proceedings NNS under IN Rule NP 11 CD of IN the DT Federal NP Rules NPS of IN Criminal JJ Procedure NN or CC comparable JJ state NN procedure NN regarding VVG either RB of IN the DT foregoing JJ pleas NNS . SENT or CC 4 CD any DT statement NN made VVN in IN the DT course NN of IN plea NN discussions NNS with IN an DT attorney NN for IN the DT prosecuting VVG authority NN which WDT do VVP not RB result VV in IN a DT plea NN of IN guilty JJ or CC which WDT result NN in IN a DT plea NN of IN guilty JJ later RBR withdrawn VVN . SENT However RB , , such PDT a DT statement NN is VBZ admissible JJ i NP in IN any DT proceeding NN wherein RB another DT statement NN made VVN in IN the DT course NN of IN the DT same JJ plea NN or CC plea NN discussions NNS has VHZ been VBN introduced VVN and CC the DT statement NN ought MD in IN fairness NN be VB considered VVN contemporaneously RB with IN it PP , , or CC ii NNS in IN a DT criminal JJ proceeding NN for IN perjury NN or CC false JJ statement NN if IN the DT statement NN was VBD made VVN by IN the DT defendant NN under IN oath NN , , on IN the DT record NN and CC in IN the DT presence NN of IN counsel NN . SENT Notes NNS Rule NP 411 CD . SENT Liability NP Insurance NP Evidence NN that IN a DT person NN was VBD or CC was VBD not RB insured VVN against IN liability NN is VBZ not RB admissible JJ upon IN the DT issue NN whether IN the DT person NN acted VVD negligently RB or CC otherwise RB wrongfully RB . SENT This DT rule NN does VVZ not RB require VV the DT exclusion NN of IN evidence NN of IN insurance NN against IN liability NN when WRB offered VVN for IN another DT purpose NN , , such JJ as IN proof NN of IN agency NN , , ownership NN , , or CC control NN , , or CC bias NN or CC prejudice NN of IN a DT witness NN . SENT Notes NNS Rule NP 412 CD . SENT Sex NN Offense NN Cases NNS . SENT Relevance NN of IN Alleged JJ Victim's NP Past NP Sexual JJ Behavior NN or CC Alleged JJ Sexual JJ Predisposition NN a DT Evidence NN generally RB inadmissible JJ . SENT The DT following VVG evidence NN is VBZ not RB admissible JJ in IN any DT civil JJ or CC criminal JJ proceeding NN involving VVG alleged JJ sexual JJ misconduct NN except IN as RB provided VVN in IN subdivisions NNS b SYM and CC c LS . SENT 1 CD Evidence NN offered VVN to TO prove VV that IN any DT alleged JJ victim NN engaged VVN in IN other JJ sexual JJ behavior NN . SENT 2 CD Evidence NN offered VVN to TO prove VV any DT alleged JJ victim's NNS sexual JJ predisposition NN . SENT b SYM Exceptions NNS . SENT 1 CD In IN a DT criminal JJ case NN , , the DT following VVG evidence NN is VBZ admissible JJ , , if IN otherwise RB admissible JJ under IN these DT rules NNS . SENT A DT evidence NN of IN specific JJ instances NNS of IN sexual JJ behavior NN by IN the DT alleged JJ victim NN offered VVN to TO prove VV that IN a DT person NN other JJ than IN the DT accused VVN was VBD the DT source NN of IN semen NN , , injury NN , , or CC other JJ physical JJ evidence NN . SENT B SYM evidence NN of IN specific JJ instances NNS of IN sexual JJ behavior NN by IN the DT alleged JJ victim NN with IN respect NN to TO the DT person NN accused VVN of IN the DT sexual JJ misconduct NN offered VVN by IN the DT accused VVN to TO prove VV consent NN or CC by IN the DT prosecution NN . SENT and CC C NP evidence NN the DT exclusion NN of IN which WDT would MD violate VV the DT constitutional JJ rights NNS of IN the DT defendant NN . SENT 2 CD In IN a DT civil JJ case NN , , evidence NN offered VVD to TO prove VV the DT sexual JJ behavior NN or CC sexual JJ predisposition NN of IN any DT alleged JJ victim NN is VBZ admissible JJ if IN it PP is VBZ otherwise RB admissible JJ under IN these DT rules NNS and CC its PP$ probative JJ value NN substantially RB outweighs VVZ the DT danger NN of IN harm NN to TO any DT victim NN and CC of IN unfair JJ prejudice NN to TO any DT party NN . SENT Evidence NN of IN an DT alleged JJ victim's NN reputation NN is VBZ admissible JJ only RB if IN it PP has VHZ been VBN placed VVN in IN controversy NN by IN the DT alleged JJ victim NN . SENT c SYM Procedure NN to TO determine VV admissibility NN . SENT 1 LS A DT party NN intending VVG to TO offer VV evidence NN under IN subdivision NN b NN must MD A DT file NN a DT written JJ motion NN at IN least JJS 14 CD days NNS before IN trial NN specifically RB describing VVG the DT evidence NN and CC stating VVG the DT purpose NN for IN which WDT it PP is VBZ offered VVN unless IN the DT court NN , , for IN good JJ cause NN requires VVZ a DT different JJ time NN for IN filing NN or CC permits VVZ filing NN during IN trial NN . SENT and CC B NP serve VVP the DT motion NN on IN all DT parties NNS and CC notify VV the DT alleged JJ victim NN or CC , , when WRB appropriate JJ , , the DT alleged JJ victim's NN guardian NN or CC representative NN . SENT 2 CD Before IN admitting VVG evidence NN under IN this DT rule NN the DT court NN must MD conduct VV a DT hearing NN in IN camera NN and CC afford VV the DT victim NN and CC parties NNS a DT right NN to TO attend VV and CC be VB heard VVN . SENT The DT motion NN , , related JJ papers NNS , , and CC the DT record NN of IN the DT hearing NN must MD be VB sealed VVN and CC remain VVP under IN seal NN unless IN the DT court NN orders NNS otherwise RB . SENT Notes NNS Rule NP 413 CD . SENT Evidence NN of IN Similar JJ Crimes NP in IN Sexual JJ Assault NN Cases NNS a DT In IN a DT criminal JJ case NN in IN which WDT the DT defendant NN is VBZ accused VVN of IN an DT offense NN of IN sexual JJ assault NN , , evidence NN of IN the DT defendant's JJ commission NN of IN another DT offense NN or CC offenses NNS of IN sexual JJ assault NN is VBZ admissible JJ , , and CC may MD be VB considered VVN for IN its PP$ bearing NN on IN any DT matter NN to TO which WDT it PP is VBZ relevant JJ . SENT b SYM In IN a DT case NN in IN which WDT the DT Government NN intends VVZ to TO offer VV evidence NN under IN this DT rule NN , , the DT attorney NN for IN the DT Government NN shall MD disclose VV the DT evidence NN to TO the DT defendant NN , , including VVG statements NNS of IN witnesses NNS or CC a DT summary NN of IN the DT substance NN of IN any DT testimony NN that WDT is VBZ expected VVN to TO be VB offered VVN , , at IN least JJS fifteen CD days NNS before IN the DT scheduled VVN date NN of IN trial NN or CC at IN such JJ later JJR time NN as IN the DT court NN may MD allow VV for IN good JJ cause NN . SENT c SYM This DT rule NN shall MD not RB be VB construed VVN to TO limit VV the DT admission NN or CC consideration NN of IN evidence NN under IN any DT other JJ rule NN . SENT d SYM For IN purposes NNS of IN this DT rule NN and CC Rule NP 415 CD , , offense NN of IN sexual JJ assault NN means VVZ a DT crime NN under IN Federal NP law NN or CC the DT law NN of IN a DT State NP as RB defined VVD in IN section NN 513 CD of IN title NN 18 CD , , United NP States NPS Code NP that WDT involved VVD 1 CD any DT conduct NN proscribed VVN by IN chapter NN 109 CD A NP of IN title NN 18 CD , , United NP States NPS Code NP . SENT 2 CD contact NN , , without IN consent NN , , between IN any DT part NN of IN the DT defendant's JJ body NN or CC an DT object NN and CC the DT genitals NN or CC anus NN of IN another DT person NN . SENT 3 CD contact NN , , without IN consent NN , , between IN the DT genitals NN or CC anus NN of IN the DT defendant NN and CC any DT part NN of IN another DT person's JJ body NN . SENT 4 CD deriving VVG sexual JJ pleasure NN or CC gratification NN from IN the DT infliction NN of IN death NN , , bodily JJ injury NN , , or CC physical JJ pain NN on IN another DT person NN . SENT or CC 5 CD an DT attempt NN or CC conspiracy NN to TO engage VV in IN conduct NN described VVN in IN paragraphs NNS 1 CD 4 CD . SENT Notes NNS Rule NP 414 CD . SENT Evidence NN of IN Similar JJ Crimes NP in IN Child NP Molestation NN Cases NNS a DT In IN a DT criminal JJ case NN in IN which WDT the DT defendant NN is VBZ accused VVN of IN an DT offense NN of IN child NN molestation NN , , evidence NN of IN the DT defendant's JJ commission NN of IN another DT offense NN or CC offenses NNS of IN child NN molestation NN is VBZ admissible JJ , , and CC may MD be VB considered VVN for IN its PP$ bearing NN on IN any DT matter NN to TO which WDT it PP is VBZ relevant JJ . SENT b SYM In IN a DT case NN in IN which WDT the DT Government NN intends VVZ to TO offer VV evidence NN under IN this DT rule NN , , the DT attorney NN for IN the DT Government NN shall MD disclose VV the DT evidence NN to TO the DT defendant NN , , including VVG statements NNS of IN witnesses NNS or CC a DT summary NN of IN the DT substance NN of IN any DT testimony NN that WDT is VBZ expected VVN to TO be VB offered VVN , , at IN least JJS fifteen CD days NNS before IN the DT scheduled VVN date NN of IN trial NN or CC at IN such JJ later JJR time NN as IN the DT court NN may MD allow VV for IN good JJ cause NN . SENT c SYM This DT rule NN shall MD not RB be VB construed VVN to TO limit VV the DT admission NN or CC consideration NN of IN evidence NN under IN any DT other JJ rule NN . SENT d SYM For IN purposes NNS of IN this DT rule NN and CC Rule NP 415 CD , , child NN means VVZ a DT person NN below IN the DT age NN of IN fourteen NN , , and CC offense NN of IN child NN molestation NN means VVZ a DT crime NN under IN Federal NP law NN or CC the DT law NN of IN a DT State NP as RB defined VVD in IN section NN 513 CD of IN title NN 18 CD , , United NP States NPS Code NP that WDT involved VVD 1 CD any DT conduct NN proscribed VVN by IN chapter NN 109 CD A NP of IN title NN 18 CD , , United NP States NPS Code NP , , that WDT was VBD committed VVN in IN relation NN to TO a DT child NN . SENT 2 LS any DT conduct NN proscribed VVN by IN chapter NN 110 CD of IN title NN 18 CD , , United NP States NPS Code NP . SENT 3 CD contact NN between IN any DT part NN of IN the DT defendant's JJ body NN or CC an DT object NN and CC the DT genitals NN or CC anus NN of IN a DT child NN . SENT 4 CD contact NN between IN the DT genitals NN or CC anus NN of IN the DT defendant NN and CC any DT part NN of IN the DT body NN of IN a DT child NN . SENT 5 CD deriving VVG sexual JJ pleasure NN or CC gratification NN from IN the DT infliction NN of IN death NN , , bodily JJ injury NN , , or CC physical JJ pain NN on IN a DT child NN . SENT or CC 6 CD an DT attempt NN or CC conspiracy NN to TO engage VV in IN conduct NN described VVN in IN paragraphs NNS 1 CD 5 CD . SENT Notes NNS Rule NP 415 CD . SENT Evidence NN of IN Similar JJ Acts NNS in IN Civil JJ Cases NNS Concerning VVG Sexual JJ Assault NN or CC Child NN Molestation NN a DT In IN a DT civil JJ case NN in IN which WDT a DT claim NN for IN damages NNS or CC other JJ relief NN is VBZ predicated VVN on IN a DT party's JJ alleged JJ commission NN of IN conduct NN constituting VVG an DT offense NN of IN sexual JJ assault NN or CC child NN molestation NN , , evidence NN of IN that DT party's JJ commission NN of IN another DT offense NN or CC offenses NNS of IN sexual JJ assault NN or CC child NN molestation NN is VBZ admissible JJ and CC may MD be VB considered VVN as IN provided VVN in IN Rule NP 413 CD and CC Rule NP 414 CD of IN these DT rules NNS . SENT b SYM A DT party NN who WP intends VVZ to TO offer VV evidence NN under IN this DT Rule NN shall MD disclose VV the DT evidence NN to TO the DT party NN against IN whom WP it PP will MD be VB offered VVN , , including VVG statements NNS of IN witnesses NNS or CC a DT summary NN of IN the DT substance NN of IN any DT testimony NN that WDT is VBZ expected VVN to TO be VB offered VVN , , at IN least JJS fifteen CD days NNS before IN the DT scheduled VVN date NN of IN trial NN or CC at IN such JJ later JJR time NN as IN the DT court NN may MD allow VV for IN good JJ cause NN . SENT c SYM This DT rule NN shall MD not RB be VB construed VVN to TO limit VV the DT admission NN or CC consideration NN of IN evidence NN under IN any DT other JJ rule NN . SENT Notes NNS ARTICLE NN V NN . SENT PRIVILEGES NNS Table NN of IN Contents NNS Rule NP 501 CD . SENT General NP Rule NP Except IN as RB otherwise RB required VVN by IN the DT Constitution NP of IN the DT United NP States NPS or CC provided VVN by IN Act NP of IN Congress NP or CC in IN rules NNS prescribed VVN by IN the DT Supreme NP Court NP pursuant JJ to TO statutory JJ authority NN , , the DT privilege NN of IN a DT witness NN , , person NN , , government NN , , State NP , , or CC political JJ subdivision NN thereof RB shall MD be VB governed VVN by IN the DT principles NNS of IN the DT common JJ law NN as IN they PP may MD be VB interpreted VVN by IN the DT courts NNS of IN the DT United NP States NPS in IN the DT light NN of IN reason NN and CC experience NN . SENT However RB , , in IN civil JJ actions NNS and CC proceedings NNS , , with IN respect NN to TO an DT element NN of IN a DT claim NN or CC defense NN as IN to TO which WDT State NP law NN supplies VVZ the DT rule NN of IN decision NN , , the DT privilege NN of IN a DT witness NN , , person NN , , government NN , , State NP , , or CC political JJ subdivision NN thereof RB shall MD be VB determined VVN in IN accordance NN with IN State NP law NN . SENT Notes NNS ARTICLE NN VI NP . SENT WITNESSES NNS Table NN of IN Contents NNS Rule NP 601 CD . SENT General JJ Rule NN of IN Competency NN Every DT person NN is VBZ competent JJ to TO be VB a DT witness NN except IN as RB otherwise RB provided VVN in IN these DT rules NNS . SENT However RB , , in IN civil JJ actions NNS and CC proceedings NNS , , with IN respect NN to TO an DT element NN of IN a DT claim NN or CC defense NN as IN to TO which WDT State NP law NN supplies VVZ the DT rule NN of IN decision NN , , the DT competency NN of IN a DT witness NN shall MD be VB determined VVN in IN accordance NN with IN State NP law NN . SENT Notes NNS Rule NP 602 CD . SENT Lack NN of IN Personal JJ Knowledge NN A DT witness NN may MD not RB testify VV to TO a DT matter NN unless IN evidence NN is VBZ introduced VVN sufficient JJ to TO support VV a DT finding NN that IN the DT witness NN has VHZ personal JJ knowledge NN of IN the DT matter NN . SENT Evidence NN to TO prove VV personal JJ knowledge NN may MD , , but CC need VVP not RB , , consist VVP of IN the DT witness NN own JJ testimony NN . SENT This DT rule NN is VBZ subject JJ to TO the DT provisions NNS of IN rule NN 703 CD , , relating VVG to TO opinion NN testimony NN by IN expert NN witnesses NNS . SENT Notes NNS Rule NP 603 CD . SENT Oath NN or CC Affirmation NN Before IN testifying VVG , , every DT witness NN shall MD be VB required VVN to TO declare VV that IN the DT witness NN will MD testify VV truthfully RB , , by IN oath NN or CC affirmation NN administered VVN in IN a DT form NN calculated VVN to TO awaken VV the DT witness NN conscience NN and CC impress VV the DT witness NN mind NN with IN the DT duty NN to TO do VV so RB . SENT Notes NNS Rule NP 604 CD . SENT Interpreters NNS An DT interpreter NN is VBZ subject JJ to TO the DT provisions NNS of IN these DT rules NNS relating VVG to TO qualification NN as IN an DT expert NN and CC the DT administration NN of IN an DT oath NN or CC affirmation NN to TO make VV a DT true JJ translation NN . SENT Notes NNS Rule NP 605 CD . SENT Competency NN of IN Judge NP as RB Witness VV The DT judge NN presiding VVG at IN the DT trial NN may MD not RB testify VV in IN that DT trial NN as IN a DT witness NN . SENT No DT objection NN need MD be VB made VVN in IN order NN to TO preserve VV the DT point NN . SENT Notes NNS Rule NP 606 CD . SENT Competency NN of IN Juror NN as RB Witness VV a DT At IN the DT trial NN . SENT A DT member NN of IN the DT jury NN may MD not RB testify VV as IN a DT witness NN before IN that DT jury NN in IN the DT trial NN of IN the DT case NN in IN which WDT the DT juror NN is VBZ sitting VVG . SENT If IN the DT juror NN is VBZ called VVN so RB to TO testify VV , , the DT opposing VVG party NN shall MD be VB afforded VVN an DT opportunity NN to TO object VV out RP of IN the DT presence NN of IN the DT jury NN . SENT b SYM Inquiry NP into IN validity NN of IN verdict NN or CC indictment NN . SENT Upon IN an DT inquiry NN into IN the DT validity NN of IN a DT verdict NN or CC indictment NN , , a DT juror NN may MD not RB testify VV as RB to TO any DT matter NN or CC statement NN occurring VVG during IN the DT course NN of IN the DT jury's JJ deliberations NNS or CC to TO the DT effect NN of IN anything NN upon IN that WDT or CC any DT other JJ juror's NN mind NN or CC emotions NNS as IN influencing VVG the DT juror NN to TO assent NN to TO or CC dissent NN from IN the DT verdict NN or CC indictment NN or CC concerning VVG the DT juror's JJ mental JJ processes NNS in IN connection NN therewith RB , , except IN that WDT a DT juror NN may MD testify VV on IN the DT question NN whether IN extraneous JJ prejudicial JJ information NN was VBD improperly RB brought VVN to TO the DT jury's JJ attention NN or CC whether IN any DT outside JJ influence NN was VBD improperly RB brought VVN to TO bear VV upon IN any DT juror NN . SENT Nor CC may MD a DT juror's JJ affidavit NN or CC evidence NN of IN any DT statement NN by IN the DT juror NN concerning VVG a DT matter NN about IN which WDT the DT juror NN would MD be VB precluded VVN from IN testifying VVG be VB received VVN for IN these DT purposes NNS . SENT Notes NNS Rule NP 607 CD . SENT Who WP May MD Impeach VV The DT credibility NN of IN a DT witness NN may MD be VB attacked VVN by IN any DT party NN , , including VVG the DT party NN calling VVG the DT witness NN . SENT Notes NNS Rule NP 608 CD . SENT Evidence NN of IN Character NN and CC Conduct NP of IN Witness NP a DT Opinion NN and CC reputation NN evidence NN of IN character NN . SENT The DT credibility NN of IN a DT witness NN may MD be VB attacked VVN or CC supported VVN by IN evidence NN in IN the DT form NN of IN opinion NN or CC reputation NN , , but CC subject JJ to TO these DT limitations NNS . SENT 1 LS the DT evidence NN may MD refer VV only RB to TO character NN for IN truthfulness NN or CC untruthfulness NN , , and CC 2 CD evidence NN of IN truthful JJ character NN is VBZ admissible JJ only RB after IN the DT character NN of IN the DT witness NN for IN truthfulness NN has VHZ been VBN attacked VVN by IN opinion NN or CC reputation NN evidence NN or CC otherwise RB . SENT b SYM Specific JJ instances NNS of IN conduct NN . SENT Specific JJ instances NNS of IN the DT conduct NN of IN a DT witness NN , , for IN the DT purpose NN of IN attacking VVG or CC supporting VVG the DT witness NN character NN for IN truthfulness NN , , other JJ than IN conviction NN of IN crime NN as IN provided VVN in IN rule NN 609 CD , , may MD not RB be VB proved VVN by IN extrinsic JJ evidence NN . SENT They PP may MD , , however RB , , in IN the DT discretion NN of IN the DT court NN , , if IN probative JJ of IN truthfulness NN or CC untruthfulness NN , , be VB inquired VVD into IN on IN cross NN examination NN of IN the DT witness NN 1 CD concerning VVG the DT witness NN character NN for IN truthfulness NN or CC untruthfulness NN , , or CC 2 CD concerning VVG the DT character NN for IN truthfulness NN or CC untruthfulness NN of IN another DT witness NN as RB to TO which WDT character NN the DT witness NN being VBG cross NN examined VVD has VHZ testified VVD . SENT The DT giving NN of IN testimony NN , , whether IN by IN an DT accused VVN or CC by IN any DT other JJ witness NN , , does VVZ not RB operate VV as IN a DT waiver NN of IN the DT accused's NNS or CC the DT witness NN privilege NN against IN self NN incrimination NN when WRB examined VVN with IN respect NN to TO matters NNS that WDT relate VVP only RB to TO character NN for IN truthfulness NN . SENT Notes NNS Rule NP 609 CD . SENT Impeachment NN by IN Evidence NN of IN Conviction NN of IN Crime NN a DT General NP rule NN . SENT For IN the DT purpose NN of IN attacking VVG the DT credibility NN of IN a DT witness NN , , 1 CD evidence NN that IN a DT witness NN other JJ than IN an DT accused VVN has VHZ been VBN convicted VVN of IN a DT crime NN shall MD be VB admitted VVN , , subject JJ to TO Rule NP 403 CD , , if IN the DT crime NN was VBD punishable JJ by IN death NN or CC imprisonment NN in IN excess NN of IN one CD year NN under IN the DT law NN under IN which WDT the DT witness NN was VBD convicted VVN , , and CC evidence NN that IN an DT accused VVN has VHZ been VBN convicted VVN of IN such PDT a DT crime NN shall MD be VB admitted VVN if IN the DT court NN determines VVZ that IN the DT probative JJ value NN of IN admitting VVG this DT evidence NN outweighs VVZ its PP$ prejudicial JJ effect NN to TO the DT accused VVN . SENT and CC 2 CD evidence NN that IN any DT witness NN has VHZ been VBN convicted VVN of IN a DT crime NN shall MD be VB admitted VVN if IN it PP involved VVD dishonesty NN or CC false JJ statement NN , , regardless RB of IN the DT punishment NN . SENT b SYM Time NP limit NN . SENT Evidence NN of IN a DT conviction NN under IN this DT rule NN is VBZ not RB admissible JJ if IN a DT period NN of IN more JJR than IN ten CD years NNS has VHZ elapsed VVN since IN the DT date NN of IN the DT conviction NN or CC of IN the DT release NN of IN the DT witness NN from IN the DT confinement NN imposed VVN for IN that DT conviction NN , , whichever WDT is VBZ the DT later JJR date NN , , unless IN the DT court NN determines VVZ , , in IN the DT interests NNS of IN justice NN , , that IN the DT probative JJ value NN of IN the DT conviction NN supported VVN by IN specific JJ facts NNS and CC circumstances NNS substantially RB outweighs VVZ its PP$ prejudicial JJ effect NN . SENT However RB , , evidence NN of IN a DT conviction NN more JJR than IN 10 CD years NNS old JJ as IN calculated VVN herein RB , , is VBZ not RB admissible JJ unless IN the DT proponent NN gives VVZ to TO the DT adverse JJ party NN sufficient JJ advance NN written VVN notice NN of IN intent NN to TO use VV such JJ evidence NN to TO provide VV the DT adverse JJ party NN with IN a DT fair JJ opportunity NN to TO contest VV the DT use NN of IN such JJ evidence NN . SENT c SYM Effect NN of IN pardon NN , , annulment NN , , or CC certificate NN of IN rehabilitation NN . SENT Evidence NN of IN a DT conviction NN is VBZ not RB admissible JJ under IN this DT rule NN if IN 1 CD the DT conviction NN has VHZ been VBN the DT subject NN of IN a DT pardon NN , , annulment NN , , certificate NN of IN rehabilitation NN , , or CC other JJ equivalent JJ procedure NN based VVN on IN a DT finding NN of IN the DT rehabilitation NN of IN the DT person NN convicted VVN , , and CC that DT person NN has VHZ not RB been VBN convicted VVN of IN a DT subsequent JJ crime NN which WDT was VBD punishable JJ by IN death NN or CC imprisonment NN in IN excess NN of IN one CD year NN , , or CC 2 CD the DT conviction NN has VHZ been VBN the DT subject NN of IN a DT pardon NN , , annulment NN , , or CC other JJ equivalent JJ procedure NN based VVN on IN a DT finding NN of IN innocence NN . SENT d SYM Juvenile JJ adjudications NNS . SENT Evidence NN of IN juvenile JJ adjudications NNS is VBZ generally RB not RB admissible JJ under IN this DT rule NN . SENT The DT court NN may MD , , however RB , , in IN a DT criminal JJ case NN allow VV evidence NN of IN a DT juvenile JJ adjudication NN of IN a DT witness NN other JJ than IN the DT accused VVN if IN conviction NN of IN the DT offense NN would MD be VB admissible JJ to TO attack VV the DT credibility NN of IN an DT adult NN and CC the DT court NN is VBZ satisfied VVN that IN admission NN in IN evidence NN is VBZ necessary JJ for IN a DT fair JJ determination NN of IN the DT issue NN of IN guilt NN or CC innocence NN . SENT e SYM Pendency NN of IN appeal NN . SENT The DT pendency NN of IN an DT appeal NN therefrom RB does VVZ not RB render VV evidence NN of IN a DT conviction NN inadmissible JJ . SENT Evidence NN of IN the DT pendency NN of IN an DT appeal NN is VBZ admissible JJ . SENT Notes NNS Rule NP 610 CD . SENT Religious JJ Beliefs NNS or CC Opinions NNS Evidence NN of IN the DT beliefs NNS or CC opinions NNS of IN a DT witness NN on IN matters NNS of IN religion NN is VBZ not RB admissible JJ for IN the DT purpose NN of IN showing VVG that IN by IN reason NN of IN their PP$ nature NN the DT witness NN credibility NN is VBZ impaired VVN or CC enhanced VVN . SENT Notes NNS Rule NP 611 CD . SENT Mode NN and CC Order NN of IN Interrogation NN and CC Presentation NP a DT Control NN by IN court NN . SENT The DT court NN shall MD exercise VV reasonable JJ control NN over IN the DT mode NN and CC order NN of IN interrogating VVG witnesses NNS and CC presenting VVG evidence NN so RB as IN to TO 1 CD make VVP the DT interrogation NN and CC presentation NN effective JJ for IN the DT ascertainment NN of IN the DT truth NN , , 2 CD avoid VVP needless JJ consumption NN of IN time NN , , and CC 3 CD protect VVP witnesses NNS from IN harassment NN or CC undue JJ embarrassment NN . SENT b SYM Scope NN of IN cross NN examination NN . SENT Cross NP examination NN should MD be VB limited VVN to TO the DT subject JJ matter NN of IN the DT direct JJ examination NN and CC matters NNS affecting VVG the DT credibility NN of IN the DT witness NN . SENT The DT court NN may MD , , in IN the DT exercise NN of IN discretion NN , , permit VV inquiry NN into IN additional JJ matters NNS as RB if IN on IN direct JJ examination NN . SENT c SYM Leading JJ questions NNS . SENT Leading JJ questions NNS should MD not RB be VB used VVN on IN the DT direct JJ examination NN of IN a DT witness NN except IN as RB may MD be VB necessary JJ to TO develop VV the DT witness NN testimony NN . SENT Ordinarily RB leading VVG questions NNS should MD be VB permitted VVN on IN cross NN examination NN . SENT When WRB a DT party NN calls VVZ a DT hostile JJ witness NN , , an DT adverse JJ party NN , , or CC a DT witness NN identified VVN with IN an DT adverse JJ party NN , , interrogation NN may MD be VB by IN leading VVG questions NNS . SENT Notes NNS Rule NP 612 CD . SENT Writing NN Used VVD to TO Refresh VV Memory NP Except IN as RB otherwise RB provided VVN in IN criminal JJ proceedings NNS by IN section NN 3500 CD of IN title NN 18 CD , , United NP States NPS Code NP , , if IN a DT witness NN uses VVZ a DT writing NN to TO refresh VV memory NN for IN the DT purpose NN of IN testifying VVG , , either CC 1 CD while IN testifying VVG , , or CC 2 CD before IN testifying VVG , , if IN the DT court NN in IN its PP$ discretion NN determines VVZ it PP is VBZ necessary JJ in IN the DT interests NNS of IN justice NN , , an DT adverse JJ party NN is VBZ entitled VVN to TO have VH the DT writing NN produced VVN at IN the DT hearing NN , , to TO inspect VV it PP , , to TO cross VV examine VV the DT witness NN thereon RB , , and CC to TO introduce VV in IN evidence NN those DT portions NNS which WDT relate VVP to TO the DT testimony NN of IN the DT witness NN . SENT If IN it PP is VBZ claimed VVN that IN the DT writing NN contains VVZ matters NNS not RB related VVN to TO the DT subject JJ matter NN of IN the DT testimony NN the DT court NN shall MD examine VV the DT writing NN in IN camera NN , , excise VV any DT portions NNS not RB so RB related VVN , , and CC order NN delivery NN of IN the DT remainder NN to TO the DT party NN entitled VVN thereto RB . SENT Any DT portion NN withheld VVN over IN objections NNS shall MD be VB preserved VVN and CC made VVN available JJ to TO the DT appellate JJ court NN in IN the DT event NN of IN an DT appeal NN . SENT If IN a DT writing NN is VBZ not RB produced VVN or CC delivered VVN pursuant JJ to TO order VV under IN this DT rule NN , , the DT court NN shall MD make VV any DT order NN justice NN requires VVZ , , except IN that DT in IN criminal JJ cases NNS when WRB the DT prosecution NN elects VVZ not RB to TO comply VV , , the DT order NN shall MD be VB one CD striking VVG the DT testimony NN or CC , , if IN the DT court NN in IN its PP$ discretion NN determines VVZ that IN the DT interests NNS of IN justice NN so RB require VV , , declaring VVG a DT mistrial NN . SENT Notes NNS Rule NP 613 CD . SENT Prior JJ Statements NNS of IN Witnesses NNS a DT Examining VVG witness NN concerning VVG prior JJ statement NN . SENT In IN examining VVG a DT witness NN concerning VVG a DT prior JJ statement NN made VVN by IN the DT witness NN , , whether IN written VVN or CC not RB , , the DT statement NN need MD not RB be VB shown VVN nor CC its PP$ contents NNS disclosed VVN to TO the DT witness NN at IN that DT time NN , , but CC on IN request NN the DT same JJ shall MD be VB shown VVN or CC disclosed VVN to TO opposing VVG counsel NN . SENT b SYM Extrinsic JJ evidence NN of IN prior JJ inconsistent JJ statement NN of IN witness NN . SENT Extrinsic JJ evidence NN of IN a DT prior JJ inconsistent JJ statement NN by IN a DT witness NN is VBZ not RB admissible JJ unless IN the DT witness NN is VBZ afforded VVN an DT opportunity NN to TO explain VV or CC deny VV the DT same JJ and CC the DT opposite JJ party NN is VBZ afforded VVN an DT opportunity NN to TO interrogate VV the DT witness NN thereon RB , , or CC the DT interests NNS of IN justice NN otherwise RB require VV . SENT This DT provision NN does VVZ not RB apply VV to TO admissions NNS of IN a DT party NN opponent NN as IN defined VVN in IN rule NN 801 CD d SYM 2 CD . SENT Notes NNS Rule NP 614 CD . SENT Calling NN and CC Interrogation NN of IN Witnesses NNS by IN Court NP a DT Calling NN by IN court NN . SENT The DT court NN may MD , , on IN its PP$ own JJ motion NN or CC at IN the DT suggestion NN of IN a DT party NN , , call NN witnesses NNS , , and CC all DT parties NNS are VBP entitled VVN to TO cross VV examine VV witnesses NNS thus RB called VVN . SENT b SYM Interrogation NN by IN court NN . SENT The DT court NN may MD interrogate VV witnesses NNS , , whether IN called VVN by IN itself PP or CC by IN a DT party NN . SENT c SYM Objections NNS . SENT Objections NNS to TO the DT calling NN of IN witnesses NNS by IN the DT court NN or CC to TO interrogation NN by IN it PP may MD be VB made VVN at IN the DT time NN or CC at IN the DT next JJ available JJ opportunity NN when WRB the DT jury NN is VBZ not RB present JJ . SENT Notes NNS Rule NP 615 CD . SENT Exclusion NN of IN Witnesses NNS At IN the DT request NN of IN a DT party NN the DT court NN shall MD order VV witnesses NNS excluded VVN so RB that IN they PP cannot NN hear VV the DT testimony NN of IN other JJ witnesses NNS , , and CC it PP may MD make VV the DT order NN of IN its PP$ own JJ motion NN . SENT This DT rule NN does VVZ not RB authorize VV exclusion NN of IN 1 CD a DT party NN who WP is VBZ a DT natural JJ person NN , , or CC 2 CD an DT officer NN or CC employee NN of IN a DT party NN which WDT is VBZ not RB a DT natural JJ person NN designated VVN as IN its PP$ representative NN by IN its PP$ attorney NN , , or CC 3 CD a DT person NN whose WP$ presence NN is VBZ shown VVN by IN a DT party NN to TO be VB essential JJ to TO the DT presentation NN of IN the DT party's JJ cause NN , , or CC 4 CD a DT person NN authorized VVN by IN statute NN to TO be VB present JJ . SENT Notes NNS ARTICLE NN VII NP . SENT OPINIONS NNS AND CC EXPERT NN TESTIMONY NN Table NN of IN Contents NNS Rule NP 701 CD . SENT Opinion NN Testimony NN by IN Lay NP Witnesses NNS If IN the DT witness NN is VBZ not RB testifying VVG as IN an DT expert NN , , the DT witness NN testimony NN in IN the DT form NN of IN opinions NNS or CC inferences NNS is VBZ limited VVN to TO those DT opinions NNS or CC inferences NNS which WDT are VBP a DT rationally RB based VVN on IN the DT perception NN of IN the DT witness NN , , and CC b LS helpful JJ to TO a DT clear JJ understanding NN of IN the DT witness NN testimony NN or CC the DT determination NN of IN a DT fact NN in IN issue NN , , and CC c LS not RB based VVN on IN scientific JJ , , technical JJ , , or CC other JJ specialized JJ knowledge NN within IN the DT scope NN of IN Rule NP 702 CD . SENT Notes NNS Rule NP 702 CD . SENT Testimony NN by IN Experts NNS If IN scientific JJ , , technical JJ , , or CC other JJ specialized JJ knowledge NN will MD assist VV the DT trier NN of IN fact NN to TO understand VV the DT evidence NN or CC to TO determine VV a DT fact NN in IN issue NN , , a DT witness NN qualified VVN as IN an DT expert NN by IN knowledge NN , , skill NN , , experience NN , , training NN , , or CC education NN , , may MD testify VV thereto RB in IN the DT form NN of IN an DT opinion NN or CC otherwise RB , , if IN 1 CD the DT testimony NN is VBZ based VVN upon IN sufficient JJ facts NNS or CC data NNS , , 2 LS the DT testimony NN is VBZ the DT product NN of IN reliable JJ principles NNS and CC methods NNS , , and CC 3 CD the DT witness NN has VHZ applied VVN the DT principles NNS and CC methods NNS reliably RB to TO the DT facts NNS of IN the DT case NN . SENT Notes NNS Rule NP 703 CD . SENT Bases NNS of IN Opinion NN Testimony NN by IN Experts NNS The DT facts NNS or CC data NNS in IN the DT particular JJ case NN upon IN which WDT an DT expert NN bases VVZ an DT opinion NN or CC inference NN may MD be VB those DT perceived VVN by IN or CC made VVD known VVN to TO the DT expert NN at IN or CC before IN the DT hearing NN . SENT If IN of IN a DT type NN reasonably RB relied VVD upon RP by IN experts NNS in IN the DT particular JJ field NN in IN forming VVG opinions NNS or CC inferences NNS upon IN the DT subject NN , , the DT facts NNS or CC data NNS need MD not RB be VB admissible JJ in IN evidence NN in IN order NN for IN the DT opinion NN or CC inference NN to TO be VB admitted VVN . SENT Facts NNS or CC data NNS that WDT are VBP otherwise RB inadmissible JJ shall MD not RB be VB disclosed VVN to TO the DT jury NN by IN the DT proponent NN of IN the DT opinion NN or CC inference NN unless IN the DT court NN determines VVZ that IN their PP$ probative JJ value NN in IN assisting VVG the DT jury NN to TO evaluate VV the DT expert's NNS opinion NN substantially RB outweighs VVZ their PP$ prejudicial JJ effect NN . SENT Notes NNS Rule NP 704 CD . SENT Opinion NN on IN Ultimate NP Issue NN a DT Except IN as RB provided VVN in IN subdivision NN b NN , , testimony NN in IN the DT form NN of IN an DT opinion NN or CC inference NN otherwise RB admissible JJ is VBZ not RB objectionable JJ because IN it PP embraces VVZ an DT ultimate JJ issue NN to TO be VB decided VVN by IN the DT trier NN of IN fact NN . SENT b SYM No DT expert NN witness NN testifying VVG with IN respect NN to TO the DT mental JJ state NN or CC condition NN of IN a DT defendant NN in IN a DT criminal JJ case NN may MD state VV an DT opinion NN or CC inference NN as RB to TO whether IN the DT defendant NN did VVD or CC did VVD not RB have VH the DT mental JJ state NN or CC condition NN constituting VVG an DT element NN of IN the DT crime NN charged VVN or CC of IN a DT defense NN thereto RB . SENT Such JJ ultimate JJ issues NNS are VBP matters NNS for IN the DT trier NN of IN fact NN alone RB . SENT Notes NNS Rule NP 705 CD . SENT Disclosure NN of IN Facts NNS or CC Data NP Underlying JJ Expert NN Opinion NN The DT expert NN may MD testify VV in IN terms NNS of IN opinion NN or CC inference NN and CC give VV reasons NNS therefor RB without IN first RB testifying VVG to TO the DT underlying JJ facts NNS or CC data NNS , , unless IN the DT court NN requires VVZ otherwise RB . SENT The DT expert NN may MD in IN any DT event NN be VB required VVN to TO disclose VV the DT underlying JJ facts NNS or CC data NNS on IN cross NN examination NN . SENT Notes NNS Rule NP 706 CD . SENT Court NP Appointed VVD Experts NNS a DT Appointment NN . SENT The DT court NN may MD on IN its PP$ own JJ motion NN or CC on IN the DT motion NN of IN any DT party NN enter VV an DT order NN to TO show VV cause NN why WRB expert NN witnesses NNS should MD not RB be VB appointed VVN , , and CC may MD request VV the DT parties NNS to TO submit VV nominations NNS . SENT The DT court NN may MD appoint VV any DT expert NN witnesses NNS agreed VVD upon RP by IN the DT parties NNS , , and CC may MD appoint VV expert NN witnesses NNS of IN its PP$ own JJ selection NN . SENT An DT expert NN witness NN shall MD not RB be VB appointed VVN by IN the DT court NN unless IN the DT witness NN consents NNS to TO act VV . SENT A DT witness NN so RB appointed VVN shall MD be VB informed VVN of IN the DT witness NN duties NNS by IN the DT court NN in IN writing NN , , a DT copy NN of IN which WDT shall MD be VB filed VVN with IN the DT clerk NN , , or CC at IN a DT conference NN in IN which WDT the DT parties NNS shall MD have VH opportunity NN to TO participate VV . SENT A DT witness NN so RB appointed VVN shall MD advise VV the DT parties NNS of IN the DT witness NN findings NNS , , if IN any DT . SENT the DT witness NN deposition NN may MD be VB taken VVN by IN any DT party NN . SENT and CC the DT witness NN may MD be VB called VVN to TO testify VV by IN the DT court NN or CC any DT party NN . SENT The DT witness NN shall MD be VB subject JJ to TO cross VV examination NN by IN each DT party NN , , including VVG a DT party NN calling VVG the DT witness NN . SENT b SYM Compensation NN . SENT Expert NN witnesses NNS so RB appointed VVN are VBP entitled VVN to TO reasonable JJ compensation NN in IN whatever WDT sum NN the DT court NN may MD allow VV . SENT The DT compensation NN thus RB fixed VVN is VBZ payable JJ from IN funds NNS which WDT may MD be VB provided VVN by IN law NN in IN criminal JJ cases NNS and CC civil JJ actions NNS and CC proceedings NNS involving VVG just RB compensation NN under IN the DT fifth JJ amendment NN . SENT In IN other JJ civil JJ actions NNS and CC proceedings NNS the DT compensation NN shall MD be VB paid VVN by IN the DT parties NNS in IN such JJ proportion NN and CC at IN such JJ time NN as IN the DT court NN directs VVZ , , and CC thereafter RB charged VVN in IN like JJ manner NN as IN other JJ costs NNS . SENT c SYM Disclosure NN of IN appointment NN . SENT In IN the DT exercise NN of IN its PP$ discretion NN , , the DT court NN may MD authorize VV disclosure NN to TO the DT jury NN of IN the DT fact NN that IN the DT court NN appointed VVD the DT expert NN witness NN . SENT d SYM Parties NNS experts NNS of IN own JJ selection NN . SENT Nothing NN in IN this DT rule NN limits VVZ the DT parties NNS in IN calling VVG expert NN witnesses NNS of IN their PP$ own JJ selection NN . SENT Notes NNS ARTICLE NN VIII NP . SENT HEARSAY NN Table NN of IN Contents NNS Notes NNS Rule NP 801 CD . SENT Definitions NNS The DT following NN definitions NNS apply VVP under IN this DT article NN . SENT a DT Statement NN . SENT A DT statement NN is VBZ 1 CD an DT oral JJ or CC written JJ assertion NN or CC 2 CD nonverbal JJ conduct NN of IN a DT person NN , , if IN it PP is VBZ intended VVN by IN the DT person NN as IN an DT assertion NN . SENT b SYM Declarant NN . SENT A DT declarant NN is VBZ a DT person NN who WP makes VVZ a DT statement NN . SENT c SYM Hearsay NN . SENT Hearsay NN is VBZ a DT statement NN , , other JJ than IN one CD made VVN by IN the DT declarant NN while IN testifying VVG at IN the DT trial NN or CC hearing NN , , offered VVN in IN evidence NN to TO prove VV the DT truth NN of IN the DT matter NN asserted VVD . SENT d SYM Statements NNS which WDT are VBP not RB hearsay NN . SENT A DT statement NN is VBZ not RB hearsay NN if IN 1 CD Prior RB statement NN by IN witness NN . SENT The DT declarant NN testifies VVZ at IN the DT trial NN or CC hearing NN and CC is VBZ subject JJ to TO cross VV examination NN concerning VVG the DT statement NN , , and CC the DT statement NN is VBZ A DT inconsistent JJ with IN the DT declarant's JJ testimony NN , , and CC was VBD given VVN under IN oath NN subject NN to TO the DT penalty NN of IN perjury NN at IN a DT trial NN , , hearing NN , , or CC other JJ proceeding NN , , or CC in IN a DT deposition NN , , or CC B NP consistent JJ with IN the DT declarant's JJ testimony NN and CC is VBZ offered VVN to TO rebut VV an DT express JJ or CC implied JJ charge NN against IN the DT declarant NN of IN recent JJ fabrication NN or CC improper JJ influence NN or CC motive NN , , or CC C $ one CD of IN identification NN of IN a DT person NN made VVN after IN perceiving VVG the DT person NN . SENT or CC 2 CD Admission NN by IN party NN opponent NN . SENT The DT statement NN is VBZ offered VVN against IN a DT party NN and CC is VBZ A DT the DT party's JJ own JJ statement NN , , in IN either RB an DT individual NN or CC a DT representative JJ capacity NN or CC B NN a DT statement NN of IN which WDT the DT party NN has VHZ manifested VVN an DT adoption NN or CC belief NN in IN its PP$ truth NN , , or CC C NP a DT statement NN by IN a DT person NN authorized VVD by IN the DT party NN to TO make VV a DT statement NN concerning VVG the DT subject NN , , or CC D NP a DT statement NN by IN the DT party's JJ agent NN or CC servant NN concerning VVG a DT matter NN within IN the DT scope NN of IN the DT agency NN or CC employment NN , , made VVN during IN the DT existence NN of IN the DT relationship NN , , or CC E NP a DT statement NN by IN a DT coconspirator NN of IN a DT party NN during IN the DT course NN and CC in IN furtherance NN of IN the DT conspiracy NN . SENT The DT contents NNS of IN the DT statement NN shall MD be VB considered VVN but CC are VBP not RB alone RB sufficient JJ to TO establish VV the DT declarant's JJ authority NN under IN subdivision NN C NP , , the DT agency NN or CC employment NN relationship NN and CC scope NN thereof RB under IN subdivision NN D NP , , or CC the DT existence NN of IN the DT conspiracy NN and CC the DT participation NN therein RB of IN the DT declarant NN and CC the DT party NN against IN whom WP the DT statement NN is VBZ offered VVN under IN subdivision NN E NN . SENT Notes NNS Rule NP 802 CD . SENT Hearsay NN Rule NN Hearsay NN is VBZ not RB admissible JJ except IN as RB provided VVN by IN these DT rules NNS or CC by IN other JJ rules NNS prescribed VVN by IN the DT Supreme NP Court NP pursuant JJ to TO statutory JJ authority NN or CC by IN Act NP of IN Congress NP . SENT Notes NP Rule NP 803 CD . SENT Hearsay NN Exceptions NNS . SENT Availability NN of IN Declarant NN Immaterial JJ The DT following VVG are VBP not RB excluded VVN by IN the DT hearsay NN rule NN , , even RB though IN the DT declarant NN is VBZ available JJ as IN a DT witness NN . SENT 1 CD Present NN sense NN impression NN . SENT A DT statement NN describing VVG or CC explaining VVG an DT event NN or CC condition NN made VVN while IN the DT declarant NN was VBD perceiving VVG the DT event NN or CC condition NN , , or CC immediately RB thereafter RB . SENT 2 LS Excited VVN utterance NN . SENT A DT statement NN relating VVG to TO a DT startling JJ event NN or CC condition NN made VVN while IN the DT declarant NN was VBD under IN the DT stress NN of IN excitement NN caused VVN by IN the DT event NN or CC condition NN . SENT 3 LS Then RB existing VVG mental JJ , , emotional JJ , , or CC physical JJ condition NN . SENT A DT statement NN of IN the DT declarant's NNS then RB existing VVG state NN of IN mind NN , , emotion NN , , sensation NN , , or CC physical JJ condition NN such JJ as IN intent NN , , plan NN , , motive NN , , design NN , , mental JJ feeling NN , , pain NN , , and CC bodily JJ health NN , , but CC not RB including VVG a DT statement NN of IN memory NN or CC belief NN to TO prove VV the DT fact NN remembered VVD or CC believed VVD unless IN it PP relates VVZ to TO the DT execution NN , , revocation NN , , identification NN , , or CC terms NNS of IN declarant's NNS will MD . SENT 4 CD Statements NNS for IN purposes NNS of IN medical JJ diagnosis NN or CC treatment NN . SENT Statements NNS made VVN for IN purposes NNS of IN medical JJ diagnosis NN or CC treatment NN and CC describing VVG medical JJ history NN , , or CC past JJ or CC present JJ symptoms NNS , , pain NN , , or CC sensations NNS , , or CC the DT inception NN or CC general JJ character NN of IN the DT cause NN or CC external JJ source NN thereof RB insofar RB as IN reasonably RB pertinent JJ to TO diagnosis NN or CC treatment NN . SENT 5 LS Recorded VVN recollection NN . SENT A DT memorandum NN or CC record NN concerning VVG a DT matter NN about IN which WDT a DT witness NN once RB had VHD knowledge NN but CC now RB has VHZ insufficient JJ recollection NN to TO enable VV the DT witness NN to TO testify VV fully RB and CC accurately RB , , shown VVN to TO have VH been VBN made VVN or CC adopted VVN by IN the DT witness NN when WRB the DT matter NN was VBD fresh JJ in IN the DT witness NN memory NN and CC to TO reflect VV that DT knowledge NN correctly RB . SENT If IN admitted VVN , , the DT memorandum NN or CC record NN may MD be VB read VVN into IN evidence NN but CC may MD not RB itself PP be VB received VVN as IN an DT exhibit NN unless IN offered VVN by IN an DT adverse JJ party NN . SENT 6 CD Records NPS of IN regularly RB conducted VVN activity NN . SENT A DT memorandum NN , , report NN , , record NN , , or CC data NNS compilation NN , , in IN any DT form NN , , of IN acts NNS , , events NNS , , conditions NNS , , opinions NNS , , or CC diagnoses NNS , , made VVN at IN or CC near IN the DT time NN by IN , , or CC from IN information NN transmitted VVN by IN , , a DT person NN with IN knowledge NN , , if IN kept VVN in IN the DT course NN of IN a DT regularly RB conducted VVN business NN activity NN , , and CC if IN it PP was VBD the DT regular JJ practice NN of IN that DT business NN activity NN to TO make VV the DT memorandum NN , , report NN , , record NN or CC data NN compilation NN , , all DT as RB shown VVN by IN the DT testimony NN of IN the DT custodian NN or CC other JJ qualified JJ witness NN , , or CC by IN certification NN that WDT complies VVZ with IN Rule NP 902 CD 11 CD , , Rule NP 902 CD 12 CD , , or CC a DT statute NN permitting VVG certification NN , , unless IN the DT source NN of IN information NN or CC the DT method NN or CC circumstances NNS of IN preparation NN indicate VVP lack NN of IN trustworthiness NN . SENT The DT term NN business NN as IN used VVN in IN this DT paragraph NN includes VVZ business NN , , institution NN , , association NN , , profession NN , , occupation NN , , and CC calling VVG of IN every DT kind NN , , whether IN or CC not RB conducted VVN for IN profit NN . SENT 7 CD Absence NN of IN entry NN in IN records NNS kept VVN in IN accordance NN with IN the DT provisions NNS of IN paragraph NN 6 CD . SENT Evidence NN that IN a DT matter NN is VBZ not RB included VVN in IN the DT memoranda NNS reports NNS , , records NNS , , or CC data NN compilations NNS , , in IN any DT form NN , , kept VVN in IN accordance NN with IN the DT provisions NNS of IN paragraph NN 6 CD , , to TO prove VV the DT nonoccurrence NN or CC nonexistence NN of IN the DT matter NN , , if IN the DT matter NN was VBD of IN a DT kind NN of IN which WDT a DT memorandum NN , , report NN , , record NN , , or CC data NNS compilation NN was VBD regularly RB made VVN and CC preserved VVN , , unless IN the DT sources NNS of IN information NN or CC other JJ circumstances NNS indicate VVP lack NN of IN trustworthiness NN . SENT 8 CD Public NP records NNS and CC reports NNS . SENT Records NNS , , reports NNS , , statements NNS , , or CC data NN compilations NNS , , in IN any DT form NN , , of IN public JJ offices NNS or CC agencies NNS , , setting VVG forth RB A DT the DT activities NNS of IN the DT office NN or CC agency NN , , or CC B NP matters NNS observed VVD pursuant JJ to TO duty NN imposed VVD by IN law NN as IN to TO which WDT matters NNS there EX was VBD a DT duty NN to TO report VV , , excluding VVG , , however RB , , in IN criminal JJ cases NNS matters NNS observed VVD by IN police NN officers NNS and CC other JJ law NN enforcement NN personnel NNS , , or CC C NP in IN civil JJ actions NNS and CC proceedings NNS and CC against IN the DT Government NN in IN criminal JJ cases NNS , , factual JJ findings NNS resulting VVG from IN an DT investigation NN made VVD pursuant JJ to TO authority NN granted VVN by IN law NN , , unless IN the DT sources NNS of IN information NN or CC other JJ circumstances NNS indicate VVP lack NN of IN trustworthiness NN . SENT 9 CD Records NPS of IN vital JJ statistics NNS . SENT Records NNS or CC data NNS compilations NNS , , in IN any DT form NN , , of IN births NNS , , fetal JJ deaths NNS , , deaths NNS , , or CC marriages NNS , , if IN the DT report NN thereof RB was VBD made VVN to TO a DT public JJ office NN pursuant JJ to TO requirements NNS of IN law NN . SENT 10 CD Absence NN of IN public JJ record NN or CC entry NN . SENT To TO prove VV the DT absence NN of IN a DT record NN , , report NN , , statement NN , , or CC data NNS compilation NN , , in IN any DT form NN , , or CC the DT nonoccurrence NN or CC nonexistence NN of IN a DT matter NN of IN which WDT a DT record NN , , report NN , , statement NN , , or CC data NNS compilation NN , , in IN any DT form NN , , was VBD regularly RB made VVN and CC preserved VVN by IN a DT public JJ office NN or CC agency NN , , evidence NN in IN the DT form NN of IN a DT certification NN in IN accordance NN with IN rule NN 902 CD , , or CC testimony NN , , that DT diligent JJ search NN failed VVD to TO disclose VV the DT record NN , , report NN , , statement NN , , or CC data NNS compilation NN , , or CC entry NN . SENT 11 CD Records NPS of IN religious JJ organizations NNS . SENT Statements NNS of IN births NNS , , marriages NNS , , divorces NNS , , deaths NNS , , legitimacy NN , , ancestry NN , , relationship NN by IN blood NN or CC marriage NN , , or CC other JJ similar JJ facts NNS of IN personal JJ or CC family NN history NN , , contained VVN in IN a DT regularly RB kept VVN record NN of IN a DT religious JJ organization NN . SENT 12 CD Marriage NN , , baptismal JJ , , and CC similar JJ certificates NNS . SENT Statements NNS of IN fact NN contained VVN in IN a DT certificate NN that IN the DT maker NN performed VVD a DT marriage NN or CC other JJ ceremony NN or CC administered VVN a DT sacrament NN , , made VVN by IN a DT clergyman NN , , public JJ official NN , , or CC other JJ person NN authorized VVN by IN the DT rules NNS or CC practices NNS of IN a DT religious JJ organization NN or CC by IN law NN to TO perform VV the DT act NN certified VVN , , and CC purporting VVG to TO have VH been VBN issued VVN at IN the DT time NN of IN the DT act NN or CC within IN a DT reasonable JJ time NN thereafter RB . SENT 13 CD Family NP records NNS . SENT Statements NNS of IN fact NN concerning VVG personal JJ or CC family NN history NN contained VVN in IN family NN Bibles NNS , , genealogies NNS , , charts NNS , , engravings NNS on IN rings NNS , , inscriptions NNS on IN family NN portraits NNS , , engravings NNS on IN urns NNS , , crypts NNS , , or CC tombstones NNS , , or CC the DT like IN . SENT 14 CD Records NPS of IN documents NNS affecting VVG an DT interest NN in IN property NN . SENT The DT record NN of IN a DT document NN purporting VVG to TO establish VV or CC affect VV an DT interest NN in IN property NN , , as IN proof NN of IN the DT content NN of IN the DT original JJ recorded JJ document NN and CC its PP$ execution NN and CC delivery NN by IN each DT person NN by IN whom WP it PP purports VVZ to TO have VH been VBN executed VVN , , if IN the DT record NN is VBZ a DT record NN of IN a DT public JJ office NN and CC an DT applicable JJ statute NN authorizes VVZ the DT recording NN of IN documents NNS of IN that DT kind NN in IN that DT office NN . SENT 15 CD Statements NNS in IN documents NNS affecting VVG an DT interest NN in IN property NN . SENT A DT statement NN contained VVN in IN a DT document NN purporting VVG to TO establish VV or CC affect VV an DT interest NN in IN property NN if IN the DT matter NN stated VVD was VBD relevant JJ to TO the DT purpose NN of IN the DT document NN , , unless IN dealings NNS with IN the DT property NN since IN the DT document NN was VBD made VVN have VHP been VBN inconsistent JJ with IN the DT truth NN of IN the DT statement NN or CC the DT purport NN of IN the DT document NN . SENT 16 CD Statements NNS in IN ancient JJ documents NNS . SENT Statements NNS in IN a DT document NN in IN existence NN twenty CD years NNS or CC more RBR the DT authenticity NN of IN which WDT is VBZ established VVN . SENT 17 CD Market NP reports NNS , , commercial JJ publications NNS . SENT Market NN quotations NNS , , tabulations NNS , , lists NNS , , directories NNS , , or CC other JJ published VVN compilations NNS , , generally RB used VVN and CC relied VVN upon RP by IN the DT public NN or CC by IN persons NNS in IN particular JJ occupations NNS . SENT 18 CD Learned NP treatises NNS . SENT To TO the DT extent NN called VVD to TO the DT attention NN of IN an DT expert NN witness NN upon IN cross NN examination NN or CC relied VVD upon RP by IN the DT expert NN witness NN in IN direct JJ examination NN , , statements NNS contained VVD in IN published VVN treatises NNS , , periodicals NNS , , or CC pamphlets NNS on IN a DT subject NN of IN history NN , , medicine NN , , or CC other JJ science NN or CC art NN , , established VVN as IN a DT reliable JJ authority NN by IN the DT testimony NN or CC admission NN of IN the DT witness NN or CC by IN other JJ expert NN testimony NN or CC by IN judicial JJ notice NN . SENT If IN admitted VVN , , the DT statements NNS may MD be VB read VVN into IN evidence NN but CC may MD not RB be VB received VVN as IN exhibits NNS . SENT 19 CD Reputation NN concerning VVG personal JJ or CC family NN history NN . SENT Reputation NN among IN members NNS of IN a DT person's JJ family NN by IN blood NN , , adoption NN , , or CC marriage NN , , or CC among IN a DT person's JJ associates NNS , , or CC in IN the DT community NN , , concerning VVG a DT person's NNS birth NN , , adoption NN , , marriage NN , , divorce NN , , death NN , , legitimacy NN , , relationship NN by IN blood NN , , adoption NN , , or CC marriage NN , , ancestry NN , , or CC other JJ similar JJ fact NN of IN personal JJ or CC family NN history NN . SENT 20 CD Reputation NN concerning VVG boundaries NNS or CC general JJ history NN . SENT Reputation NN in IN a DT community NN , , arising VVG before IN the DT controversy NN , , as RB to TO boundaries NNS of IN or CC customs NNS affecting VVG lands NNS in IN the DT community NN , , and CC reputation NN as RB to TO events NNS of IN general JJ history NN important JJ to TO the DT community NN or CC State NN or CC nation NN in IN which WDT located VVN . SENT 21 CD Reputation NN as RB to TO character NN . SENT Reputation NN of IN a DT person's JJ character NN among IN associates NNS or CC in IN the DT community NN . SENT 22 CD Judgment NN of IN previous JJ conviction NN . SENT Evidence NN of IN a DT final JJ judgment NN , , entered VVN after IN a DT trial NN or CC upon IN a DT plea NN of IN guilty JJ but CC not RB upon IN a DT plea NN of IN nolo NP contendere NN , , adjudging VVG a DT person NN guilty JJ of IN a DT crime NN punishable JJ by IN death NN or CC imprisonment NN in IN excess NN of IN one CD year NN , , to TO prove VV any DT fact NN essential JJ to TO sustain VV the DT judgment NN , , but CC not RB including VVG , , when WRB offered VVN by IN the DT Government NN in IN a DT criminal JJ prosecution NN for IN purposes NNS other JJ than IN impeachment NN , , judgments NNS against IN persons NNS other JJ than IN the DT accused VVN . SENT The DT pendency NN of IN an DT appeal NN may MD be VB shown VVN but CC does VVZ not RB affect VV admissibility NN . SENT 23 CD Judgment NN as RB to TO personal JJ , , family NN or CC general JJ history NN , , or CC boundaries NNS . SENT Judgments NNS as IN proof NN of IN matters NNS of IN personal JJ , , family NN or CC general JJ history NN , , or CC boundaries NNS , , essential JJ to TO the DT judgment NN , , if IN the DT same JJ would MD be VB provable JJ by IN evidence NN of IN reputation NN . SENT 24 CD Other JJ exceptions NNS . SENT Transferred VVN to TO Rule NN 807 CD Notes NNS Rule NP 804 CD . SENT Hearsay NN Exceptions NNS . SENT Declarant NN Unavailable JJ a DT Definition NN of IN unavailability NN . SENT Unavailability NN as IN a DT witness NN includes VVZ situations NNS in IN which WDT the DT declarant NN 1 CD is VBZ exempted VVN by IN ruling NN of IN the DT court NN on IN the DT ground NN of IN privilege NN from IN testifying VVG concerning VVG the DT subject JJ matter NN of IN the DT declarant's JJ statement NN . SENT or CC 2 CD persists VVZ in IN refusing VVG to TO testify VV concerning VVG the DT subject JJ matter NN of IN the DT declarant's JJ statement NN despite IN an DT order NN of IN the DT court NN to TO do VV so RB . SENT or CC 3 CD testifies VVZ to TO a DT lack NN of IN memory NN of IN the DT subject JJ matter NN of IN the DT declarant's JJ statement NN . SENT or CC 4 CD is VBZ unable JJ to TO be VB present JJ or CC to TO testify VV at IN the DT hearing NN because IN of IN death NN or CC then RB existing VVG physical JJ or CC mental JJ illness NN or CC infirmity NN . SENT or CC 5 CD is VBZ absent JJ from IN the DT hearing NN and CC the DT proponent NN of IN a DT statement NN has VHZ been VBN unable JJ to TO procure VV the DT declarant's JJ attendance NN or CC in IN the DT case NN of IN a DT hearsay NN exception NN under IN subdivision NN b NN 2 CD , , 3 CD , , or CC 4 CD , , the DT declarant's JJ attendance NN or CC testimony NN by IN process NN or CC other JJ reasonable JJ means NNS . SENT A DT declarant NN is VBZ not RB unavailable JJ as IN a DT witness NN if IN exemption NN , , refusal NN , , claim NN of IN lack NN of IN memory NN , , inability NN , , or CC absence NN is VBZ due JJ to TO the DT procurement NN or CC wrongdoing NN of IN the DT proponent NN of IN a DT statement NN for IN the DT purpose NN of IN preventing VVG the DT witness NN from IN attending VVG or CC testifying VVG . SENT b SYM Hearsay NN exceptions NNS . SENT The DT following VVG are VBP not RB excluded VVN by IN the DT hearsay NN rule NN if IN the DT declarant NN is VBZ unavailable JJ as IN a DT witness NN . SENT 1 CD Former JJ testimony NN . SENT Testimony NN given VVN as IN a DT witness NN at IN another DT hearing NN of IN the DT same JJ or CC a DT different JJ proceeding NN , , or CC in IN a DT deposition NN taken VVN in IN compliance NN with IN law NN in IN the DT course NN of IN the DT same JJ or CC another DT proceeding NN , , if IN the DT party NN against IN whom WP the DT testimony NN is VBZ now RB offered VVN , , or CC , , in IN a DT civil JJ action NN or CC proceeding NN , , a DT predecessor NN in IN interest NN , , had VHD an DT opportunity NN and CC similar JJ motive NN to TO develop VV the DT testimony NN by IN direct JJ , , cross NN , , or CC redirect VV examination NN . SENT 2 CD Statement NN under IN belief NN of IN impending JJ death NN . SENT In IN a DT prosecution NN for IN homicide NN or CC in IN a DT civil JJ action NN or CC proceeding NN , , a DT statement NN made VVN by IN a DT declarant NN while IN believing VVG that IN the DT declarant's NNS death NN was VBD imminent JJ , , concerning VVG the DT cause NN or CC circumstances NNS of IN what WP the DT declarant NN believed VVD to TO be VB impending JJ death NN . SENT 3 CD Statement NN against IN interest NN . SENT A DT statement NN which WDT was VBD at IN the DT time NN of IN its PP$ making VVG so RB far RB contrary JJ to TO the DT declarant's NNS pecuniary JJ or CC proprietary JJ interest NN , , or CC so RB far RB tended VVN to TO subject VV the DT declarant NN to TO civil JJ or CC criminal JJ liability NN , , or CC to TO render VV invalid JJ a DT claim NN by IN the DT declarant NN against IN another DT , , that IN a DT reasonable JJ person NN in IN the DT declarant's JJ position NN would MD not RB have VH made VVN the DT statement NN unless IN believing VVG it PP to TO be VB true JJ . SENT A DT statement NN tending VVG to TO expose VV the DT declarant NN to TO criminal JJ liability NN and CC offered VVD to TO exculpate VV the DT accused VVN is VBZ not RB admissible JJ unless IN corroborating VVG circumstances NNS clearly RB indicate VVP the DT trustworthiness NN of IN the DT statement NN . SENT 4 CD Statement NN of IN personal JJ or CC family NN history NN . SENT A DT A NP statement NN concerning VVG the DT declarant's JJ own JJ birth NN , , adoption NN , , marriage NN , , divorce NN , , legitimacy NN , , relationship NN by IN blood NN , , adoption NN , , or CC marriage NN , , ancestry NN , , or CC other JJ similar JJ fact NN of IN personal JJ or CC family NN history NN , , even RB though IN declarant NN had VHD no DT means NN of IN acquiring VVG personal JJ knowledge NN of IN the DT matter NN stated VVD . SENT or CC B NP a DT statement NN concerning VVG the DT foregoing JJ matters NNS , , and CC death NN also RB , , of IN another DT person NN , , if IN the DT declarant NN was VBD related VVN to TO the DT other JJ by IN blood NN , , adoption NN , , or CC marriage NN or CC was VBD so RB intimately RB associated VVN with IN the DT other's NNS family NN as RB to TO be VB likely JJ to TO have VH accurate JJ information NN concerning VVG the DT matter NN declared VVD . SENT 5 CD Other JJ exceptions NNS . SENT Transferred VVN to TO Rule NP 807 CD 6 CD Forfeiture NN by IN wrongdoing NN . SENT A DT statement NN offered VVN against IN a DT party NN that WDT has VHZ engaged VVN or CC acquiesced VVD in IN wrongdoing NN that WDT was VBD intended VVN to TO , , and CC did VVD , , procure VV the DT unavailability NN of IN the DT declarant NN as IN a DT witness NN . SENT Notes NNS Rule NP 805 CD . SENT Hearsay NN Within IN Hearsay NN Hearsay NN included VVD within IN hearsay NN is VBZ not RB excluded VVN under IN the DT hearsay NN rule NN if IN each DT part NN of IN the DT combined JJ statements NNS conforms VVZ with IN an DT exception NN to TO the DT hearsay NN rule NN provided VVN in IN these DT rules NNS . SENT Notes NNS Rule NP 806 CD . SENT Attacking VVG and CC Supporting VVG Credibility NN of IN Declarant NN When WRB a DT hearsay NN statement NN , , or CC a DT statement NN defined VVN in IN Rule NP 801 CD d SYM 2 CD C NP , , D NP , , or CC E NP , , has VHZ been VBN admitted VVN in IN evidence NN , , the DT credibility NN of IN the DT declarant NN may MD be VB attacked VVN , , and CC if IN attacked VVN may MD be VB supported VVN , , by IN any DT evidence NN which WDT would MD be VB admissible JJ for IN those DT purposes NNS if IN declarant NN had VHD testified VVD as IN a DT witness NN . SENT Evidence NN of IN a DT statement NN or CC conduct NN by IN the DT declarant NN at IN any DT time NN , , inconsistent JJ with IN the DT declarant's JJ hearsay NN statement NN , , is VBZ not RB subject JJ to TO any DT requirement NN that IN the DT declarant NN may MD have VH been VBN afforded VVN an DT opportunity NN to TO deny VV or CC explain VV . SENT If IN the DT party NN against IN whom WP a DT hearsay NN statement NN has VHZ been VBN admitted VVN calls NNS the DT declarant NN as IN a DT witness NN , , the DT party NN is VBZ entitled VVN to TO examine VV the DT declarant NN on IN the DT statement NN as RB if IN under IN cross NN examination NN . SENT Notes NNS Rule NP 807 CD . SENT Residual JJ Exception NN A DT statement NN not RB specifically RB covered VVN by IN Rule NP 803 CD or CC 804 CD but CC having VHG equivalent JJ circumstantial JJ guarantees NNS of IN trustworthiness NN , , is VBZ not RB excluded VVN by IN the DT hearsay NN rule NN , , if IN the DT court NN determines VVZ that IN A DT the DT statement NN is VBZ offered VVN as IN evidence NN of IN a DT material NN fact NN . SENT B SYM the DT statement NN is VBZ more RBR probative JJ on IN the DT point NN for IN which WDT it PP is VBZ offered VVN than IN any DT other JJ evidence NN which WDT the DT proponent NN can MD procure VV through IN reasonable JJ efforts NNS . SENT and CC C NP the DT general JJ purposes NNS of IN these DT rules NNS and CC the DT interests NNS of IN justice NN will MD best JJS be VB served VVN by IN admission NN of IN the DT statement NN into IN evidence NN . SENT However RB , , a DT statement NN may MD not RB be VB admitted VVN under IN this DT exception NN unless IN the DT proponent NN of IN it PP makes VVZ known VVN to TO the DT adverse JJ party NN sufficiently RB in IN advance NN of IN the DT trial NN or CC hearing NN to TO provide VV the DT adverse JJ party NN with IN a DT fair JJ opportunity NN to TO prepare VV to TO meet VV it PP , , the DT proponent's JJ intention NN to TO offer VV the DT statement NN and CC the DT particulars NNS of IN it PP , , including VVG the DT name NN and CC address NN of IN the DT declarant NN . SENT Notes NNS ARTICLE NN IX NP . SENT AUTHENTICATION NN AND CC IDENTIFICATION NN Table NN of IN Contents NNS Rule NP 901 CD . SENT Requirement NN of IN Authentication NN or CC Identification NN a DT General NP provision NN . SENT The DT requirement NN of IN authentication NN or CC identification NN as IN a DT condition NN precedent NN to TO admissibility NN is VBZ satisfied VVN by IN evidence NN sufficient JJ to TO support VV a DT finding NN that IN the DT matter NN in IN question NN is VBZ what WP its PP$ proponent NN claims NNS . SENT b SYM Illustrations NNS . SENT By IN way NN of IN illustration NN only RB , , and CC not RB by IN way NN of IN limitation NN , , the DT following VVG are VBP examples NNS of IN authentication NN or CC identification NN conforming VVG with IN the DT requirements NNS of IN this DT rule NN . SENT 1 CD Testimony NN of IN witness NN with IN knowledge NN . SENT Testimony NN that IN a DT matter NN is VBZ what WP it PP is VBZ claimed VVN to TO be VB . SENT 2 CD Nonexpert NP opinion NN on IN handwriting NN . SENT Nonexpert NP opinion NN as RB to TO the DT genuineness NN of IN handwriting NN , , based VVN upon IN familiarity NN not RB acquired VVN for IN purposes NNS of IN the DT litigation NN . SENT 3 CD Comparison NN by IN trier NN or CC expert NN witness NN . SENT Comparison NN by IN the DT trier NN of IN fact NN or CC by IN expert NN witnesses NNS with IN specimens NNS which WDT have VHP been VBN authenticated VVN . SENT 4 CD Distinctive JJ characteristics NNS and CC the DT like IN . SENT Appearance NN , , contents NNS , , substance NN , , internal JJ patterns NNS , , or CC other JJ distinctive JJ characteristics NNS , , taken VVN in IN conjunction NN with IN circumstances NNS . SENT 5 CD Voice NP identification NN . SENT Identification NN of IN a DT voice NN , , whether IN heard VVN firsthand RB or CC through IN mechanical JJ or CC electronic JJ transmission NN or CC recording NN , , by IN opinion NN based VVN upon IN hearing VVG the DT voice NN at IN any DT time NN under IN circumstances NNS connecting VVG it PP with IN the DT alleged JJ speaker NN . SENT 6 CD Telephone NP conversations NNS . SENT Telephone NN conversations NNS , , by IN evidence NN that IN a DT call NN was VBD made VVN to TO the DT number NN assigned VVN at IN the DT time NN by IN the DT telephone NN company NN to TO a DT particular JJ person NN or CC business NN , , if IN A DT in IN the DT case NN of IN a DT person NN , , circumstances NNS , , including VVG self NN identification NN , , show VVP the DT person NN answering VVG to TO be VB the DT one NN called VVD , , or CC B NP in IN the DT case NN of IN a DT business NN , , the DT call NN was VBD made VVN to TO a DT place NN of IN business NN and CC the DT conversation NN related VVN to TO business NN reasonably RB transacted VVN over IN the DT telephone NN . SENT 7 CD Public NP records NNS or CC reports NNS . SENT Evidence NN that IN a DT writing NN authorized VVN by IN law NN to TO be VB recorded VVN or CC filed VVN and CC in IN fact NN recorded VVN or CC filed VVN in IN a DT public JJ office NN , , or CC a DT purported JJ public JJ record NN , , report NN , , statement NN , , or CC data NNS compilation NN , , in IN any DT form NN , , is VBZ from IN the DT public JJ office NN where WRB items NNS of IN this DT nature NN are VBP kept VVN . SENT 8 CD Ancient JJ documents NNS or CC data NNS compilation NN . SENT Evidence NN that IN a DT document NN or CC data NN compilation NN , , in IN any DT form NN , , A DT is VBZ in IN such JJ condition NN as RB to TO create VV no DT suspicion NN concerning VVG its PP$ authenticity NN , , B NP was VBD in IN a DT place NN where WRB it PP , , if IN authentic JJ , , would MD likely RB be VB , , and CC C NP has VHZ been VBN in IN existence NN 20 CD years NNS or CC more JJR at IN the DT time NN it PP is VBZ offered VVN . SENT 9 CD Process NN or CC system NN . SENT Evidence NN describing VVG a DT process NN or CC system NN used VVN to TO produce VV a DT result NN and CC showing VVG that IN the DT process NN or CC system NN produces VVZ an DT accurate JJ result NN . SENT 10 CD Methods NNS provided VVN by IN statute NN or CC rule NN . SENT Any DT method NN of IN authentication NN or CC identification NN provided VVN by IN Act NP of IN Congress NP or CC by IN other JJ rules NNS prescribed VVN by IN the DT Supreme NP Court NP pursuant JJ to TO statutory JJ authority NN . SENT Notes NNS Rule NP 902 CD . SENT Self NN authentication NN Extrinsic JJ evidence NN of IN authenticity NN as IN a DT condition NN precedent NN to TO admissibility NN is VBZ not RB required VVN with IN respect NN to TO the DT following NN . SENT 1 CD Domestic JJ public JJ documents NNS under IN seal NN . SENT A DT document NN bearing VVG a DT seal NN purporting VVG to TO be VB that IN of IN the DT United NP States NPS , , or CC of IN any DT State NP , , district NN , , Commonwealth NP , , territory NN , , or CC insular JJ possession NN thereof RB , , or CC the DT Panama NP Canal NP Zone NP , , or CC the DT Trust NP Territory NP of IN the DT Pacific NP Islands NPS , , or CC of IN a DT political JJ subdivision NN , , department NN , , officer NN , , or CC agency NN thereof RB , , and CC a DT signature NN purporting VVG to TO be VB an DT attestation NN or CC execution NN . SENT 2 CD Domestic JJ public JJ documents NNS not RB under IN seal NN . SENT A DT document NN purporting VVG to TO bear VV the DT signature NN in IN the DT official JJ capacity NN of IN an DT officer NN or CC employee NN of IN any DT entity NN included VVD in IN paragraph NN 1 CD hereof RB , , having VHG no DT seal NN , , if IN a DT public JJ officer NN having VHG a DT seal NN and CC having VHG official JJ duties NNS in IN the DT district NN or CC political JJ subdivision NN of IN the DT officer NN or CC employee NN certifies VVZ under IN seal NN that IN the DT signer NN has VHZ the DT official JJ capacity NN and CC that IN the DT signature NN is VBZ genuine JJ . SENT 3 CD Foreign JJ public JJ documents NNS . SENT A DT document NN purporting VVG to TO be VB executed VVN or CC attested VVN in IN an DT official JJ capacity NN by IN a DT person NN authorized VVD by IN the DT laws NNS of IN a DT foreign JJ country NN to TO make VV the DT execution NN or CC attestation NN , , and CC accompanied VVN by IN a DT final JJ certification NN as RB to TO the DT genuineness NN of IN the DT signature NN and CC official JJ position NN A DT of IN the DT executing VVG or CC attesting VVG person NN , , or CC B NP of IN any DT foreign JJ official NN whose WP$ certificate NN of IN genuineness NN of IN signature NN and CC official NN position NN relates VVZ to TO the DT execution NN or CC attestation NN or CC is VBZ in IN a DT chain NN of IN certificates NNS of IN genuineness NN of IN signature NN and CC official JJ position NN relating VVG to TO the DT execution NN or CC attestation NN . SENT A DT final JJ certification NN may MD be VB made VVN by IN a DT secretary NN of IN an DT embassy NN or CC legation NN , , consul NN general NN , , consul NN , , vice NN consul NN , , or CC consular JJ agent NN of IN the DT United NP States NPS , , or CC a DT diplomatic JJ or CC consular JJ official NN of IN the DT foreign JJ country NN assigned VVN or CC accredited VVN to TO the DT United NP States NPS . SENT If IN reasonable JJ opportunity NN has VHZ been VBN given VVN to TO all DT parties NNS to TO investigate VV the DT authenticity NN and CC accuracy NN of IN official JJ documents NNS , , the DT court NN may MD , , for IN good JJ cause NN shown VVN , , order NN that IN they PP be VB treated VVN as IN presumptively RB authentic JJ without IN final JJ certification NN or CC permit VV them PP to TO be VB evidenced VVN by IN an DT attested JJ summary NN with IN or CC without IN final JJ certification NN . SENT 4 CD Certified NP copies NNS of IN public JJ records NNS . SENT A DT copy NN of IN an DT official JJ record NN or CC report NN or CC entry NN therein RB , , or CC of IN a DT document NN authorized VVN by IN law NN to TO be VB recorded VVN or CC filed VVN and CC actually RB recorded VVN or CC filed VVN in IN a DT public JJ office NN , , including VVG data NN compilations NNS in IN any DT form NN , , certified VVN as IN correct JJ by IN the DT custodian NN or CC other JJ person NN authorized VVD to TO make VV the DT certification NN , , by IN certificate NN complying VVG with IN paragraph NN 1 CD , , 2 CD , , or CC 3 CD of IN this DT rule NN or CC complying VVG with IN any DT Act NP of IN Congress NP or CC rule NN prescribed VVN by IN the DT Supreme NP Court NP pursuant JJ to TO statutory JJ authority NN . SENT 5 CD Official JJ publications NNS . SENT Books NNS , , pamphlets NNS , , or CC other JJ publications NNS purporting VVG to TO be VB issued VVN by IN public JJ authority NN . SENT 6 CD Newspapers NNS and CC periodicals NNS . SENT Printed JJ materials NNS purporting VVG to TO be VB newspapers NNS or CC periodicals NNS . SENT 7 CD Trade NP inscriptions NNS and CC the DT like IN . SENT Inscriptions NNS , , signs NNS , , tags NNS , , or CC labels NNS purporting VVG to TO have VH been VBN affixed VVN in IN the DT course NN of IN business NN and CC indicating VVG ownership NN , , control NN , , or CC origin NN . SENT 8 CD Acknowledged JJ documents NNS . SENT Documents NNS accompanied VVN by IN a DT certificate NN of IN acknowledgment NN executed VVN in IN the DT manner NN provided VVN by IN law NN by IN a DT notary NN public NN or CC other JJ officer NN authorized VVN by IN law NN to TO take VV acknowledgments NNS . SENT 9 CD Commercial JJ paper NN and CC related JJ documents NNS . SENT Commercial JJ paper NN , , signatures NNS thereon RB , , and CC documents NNS relating VVG thereto RB to TO the DT extent NN provided VVN by IN general JJ commercial JJ law NN . SENT 10 CD Presumptions NNS under IN Acts NNS of IN Congress NP . SENT Any DT signature NN , , document NN , , or CC other JJ matter NN declared VVD by IN Act NP of IN Congress NP to TO be VB presumptively RB or CC prima JJ facie NN genuine JJ or CC authentic JJ . SENT 11 CD Certified NP domestic JJ records NNS of IN regularly RB conducted VVN activity NN . SENT The DT original JJ or CC a DT duplicate JJ of IN a DT domestic JJ record NN of IN regularly RB conducted VVN activity NN that WDT would MD be VB admissible JJ under IN Rule NP 803 CD 6 CD if IN accompanied VVN by IN a DT written JJ declaration NN of IN its PP$ custodian NN or CC other JJ qualified JJ person NN , , in IN a DT manner NN complying VVG with IN any DT Act NP of IN Congress NP or CC rule NN prescribed VVN by IN the DT Supreme NP Court NP pursuant JJ to TO statutory JJ authority NN , , certifying VVG that IN the DT record NN . SENT A DT was VBD made VVN at IN or CC near IN the DT time NN of IN the DT occurrence NN of IN the DT matters NNS set VVN forth RB by IN , , or CC from IN information NN transmitted VVN by IN , , a DT person NN with IN knowledge NN of IN those DT matters NNS . SENT B NP was VBD kept VVN in IN the DT course NN of IN the DT regularly RB conducted VVN activity NN . SENT and CC C NP was VBD made VVN by IN the DT regularly RB conducted VVN activity NN as IN a DT regular JJ practice NN . SENT A DT party NN intending VVG to TO offer VV a DT record NN into IN evidence NN under IN this DT paragraph NN must MD provide VV written JJ notice NN of IN that DT intention NN to TO all DT adverse JJ parties NNS , , and CC must MD make VV the DT record NN and CC declaration NN available JJ for IN inspection NN sufficiently RB in IN advance NN of IN their PP$ offer NN into IN evidence NN to TO provide VV an DT adverse JJ party NN with IN a DT fair JJ opportunity NN to TO challenge VV them PP . SENT 12 CD Certified NP foreign JJ records NNS of IN regularly RB conducted VVN activity NN . SENT In IN a DT civil JJ case NN , , the DT original JJ or CC a DT duplicate JJ of IN a DT foreign JJ record NN of IN regularly RB conducted VVN activity NN that WDT would MD be VB admissible JJ under IN Rule NP 803 CD 6 CD if IN accompanied VVN by IN a DT written JJ declaration NN by IN its PP$ custodian NN or CC other JJ qualified JJ person NN certifying VVG that IN the DT record NN . SENT A DT was VBD made VVN at IN or CC near IN the DT time NN of IN the DT occurrence NN of IN the DT matters NNS set VVN forth RB by IN , , or CC from IN information NN transmitted VVN by IN , , a DT person NN with IN knowledge NN of IN those DT matters NNS . SENT B NP was VBD kept VVN in IN the DT course NN of IN the DT regularly RB conducted VVN activity NN . SENT and CC C NP was VBD made VVN by IN the DT regularly RB conducted VVN activity NN as IN a DT regular JJ practice NN . SENT The DT declaration NN must MD be VB signed VVN in IN a DT manner NN that WDT , , if IN falsely RB made VVN , , would MD subject VV the DT maker NN to TO criminal JJ penalty NN under IN the DT laws NNS of IN the DT country NN where WRB the DT declaration NN is VBZ signed VVN . SENT A DT party NN intending VVG to TO offer VV a DT record NN into IN evidence NN under IN this DT paragraph NN must MD provide VV written JJ notice NN of IN that DT intention NN to TO all DT adverse JJ parties NNS , , and CC must MD make VV the DT record NN and CC declaration NN available JJ for IN inspection NN sufficiently RB in IN advance NN of IN their PP$ offer NN into IN evidence NN to TO provide VV an DT adverse JJ party NN with IN a DT fair JJ opportunity NN to TO challenge VV them PP . SENT Notes NNS Rule NP 903 CD . SENT Subscribing VVG Witness NP Testimony NN Unnecessary JJ The DT testimony NN of IN a DT subscribing VVG witness NN is VBZ not RB necessary JJ to TO authenticate VV a DT writing NN unless IN required VVN by IN the DT laws NNS of IN the DT jurisdiction NN whose WP$ laws NNS govern VVP the DT validity NN of IN the DT writing NN . SENT Notes NNS ARTICLE NN X NN . SENT CONTENTS NNS OF IN WRITINGS NNS , , RECORDINGS NNS , , AND CC PHOTOGRAPHS NNS Table NN of IN Contents NNS Rule NP 1001 CD . SENT Definitions NNS For IN purposes NNS of IN this DT article NN the DT following VVG definitions NNS are VBP applicable JJ . SENT 1 CD Writings NNS and CC recordings NNS . SENT Writings NNS and CC recordings NNS consist VVP of IN letters NNS , , words NNS , , or CC numbers NNS , , or CC their PP$ equivalent NN , , set VVN down RP by IN handwriting NN , , typewriting NN , , printing NN , , photostating VVG , , photographing VVG , , magnetic JJ impulse NN , , mechanical JJ or CC electronic JJ recording NN , , or CC other JJ form NN of IN data NN compilation NN . SENT 2 CD Photographs NNS . SENT Photographs NNS include VVP still RB photographs NNS , , X NP ray NN films NNS , , video JJ tapes NNS , , and CC motion NN pictures NNS . SENT 3 LS Original JJ . SENT An DT original NN of IN a DT writing NN or CC recording NN is VBZ the DT writing VVG or CC recording VVG itself PP or CC any DT counterpart NN intended VVN to TO have VH the DT same JJ effect NN by IN a DT person NN executing VVG or CC issuing VVG it PP . SENT An DT original NN of IN a DT photograph NN includes VVZ the DT negative JJ or CC any DT print NN therefrom RB . SENT If IN data NNS are VBP stored VVN in IN a DT computer NN or CC similar JJ device NN , , any DT printout NN or CC other JJ output NN readable JJ by IN sight NN , , shown VVN to TO reflect VV the DT data NNS accurately RB , , is VBZ an DT original JJ . SENT 4 CD Duplicate JJ . SENT A DT duplicate JJ is VBZ a DT counterpart NN produced VVN by IN the DT same JJ impression NN as IN the DT original JJ , , or CC from IN the DT same JJ matrix NN , , or CC by IN means NNS of IN photography NN , , including VVG enlargements NNS and CC miniatures NNS , , or CC by IN mechanical JJ or CC electronic JJ re NN recording NN , , or CC by IN chemical NN reproduction NN , , or CC by IN other JJ equivalent JJ techniques NNS which WDT accurately RB reproduces VVZ the DT original JJ . SENT Notes NNS Rule NP 1002 CD . SENT Requirement NN of IN Original JJ To TO prove VV the DT content NN of IN a DT writing NN , , recording NN , , or CC photograph NN , , the DT original JJ writing NN , , recording NN , , or CC photograph NN is VBZ required VVN , , except IN as RB otherwise RB provided VVN in IN these DT rules NNS or CC by IN Act NP of IN Congress NP . SENT Notes NP Rule NP 1003 CD . SENT Admissibility NN of IN Duplicates NNS A DT duplicate JJ is VBZ admissible JJ to TO the DT same JJ extent NN as IN an DT original JJ unless IN 1 CD a DT genuine JJ question NN is VBZ raised VVN as RB to TO the DT authenticity NN of IN the DT original JJ or CC 2 CD in IN the DT circumstances NNS it PP would MD be VB unfair JJ to TO admit VV the DT duplicate JJ in IN lieu NN of IN the DT original JJ . SENT Notes NNS Rule NP 1004 CD . SENT Admissibility NN of IN Other JJ Evidence NN of IN Contents NNS The DT original NN is VBZ not RB required VVN , , and CC other JJ evidence NN of IN the DT contents NNS of IN a DT writing NN , , recording NN , , or CC photograph NN is VBZ admissible JJ if IN 1 CD Originals NNS lost VVN or CC destroyed VVN . SENT All DT originals NNS are VBP lost VVN or CC have VHP been VBN destroyed VVN , , unless IN the DT proponent NN lost VVD or CC destroyed VVD them PP in IN bad JJ faith NN . SENT or CC 2 CD Original NN not RB obtainable JJ . SENT No DT original NN can MD be VB obtained VVN by IN any DT available JJ judicial JJ process NN or CC procedure NN . SENT or CC 3 CD Original NN in IN possession NN of IN opponent NN . SENT At IN a DT time NN when WRB an DT original JJ was VBD under IN the DT control NN of IN the DT party NN against IN whom WP offered VVN , , that DT party NN was VBD put VVN on IN notice NN , , by IN the DT pleadings NNS or CC otherwise RB , , that IN the DT contents NNS would MD be VB a DT subject NN of IN proof NN at IN the DT hearing NN , , and CC that DT party NN does VVZ not RB produce VV the DT original NN at IN the DT hearing NN . SENT or CC 4 CD Collateral NN matters NNS . SENT The DT writing NN , , recording NN , , or CC photograph NN is VBZ not RB closely RB related VVN to TO a DT controlling JJ issue NN . SENT Notes NNS Rule NP 1005 CD . SENT Public NP Records NPS The DT contents NNS of IN an DT official JJ record NN , , or CC of IN a DT document NN authorized VVD to TO be VB recorded VVN or CC filed VVN and CC actually RB recorded VVN or CC filed VVN , , including VVG data NN compilations NNS in IN any DT form NN , , if IN otherwise RB admissible JJ , , may MD be VB proved VVN by IN copy NN , , certified VVN as IN correct JJ in IN accordance NN with IN rule NN 902 CD or CC testified VVD to TO be VB correct JJ by IN a DT witness NN who WP has VHZ compared VVN it PP with IN the DT original JJ . SENT If IN a DT copy NN which WDT complies VVZ with IN the DT foregoing JJ cannot NN be VB obtained VVN by IN the DT exercise NN of IN reasonable JJ diligence NN , , then RB other JJ evidence NN of IN the DT contents NNS may MD be VB given VVN . SENT Notes NNS Rule NP 1006 CD . SENT Summaries NNS The DT contents NNS of IN voluminous JJ writings NNS , , recordings NNS , , or CC photographs NNS which WDT cannot VV conveniently RB be VB examined VVN in IN court NN may MD be VB presented VVN in IN the DT form NN of IN a DT chart NN , , summary NN , , or CC calculation NN . SENT The DT originals NNS , , or CC duplicates NNS , , shall MD be VB made VVN available JJ for IN examination NN or CC copying NN , , or CC both CC , , by IN other JJ parties NNS at IN reasonable JJ time NN and CC place NN . SENT The DT court NN may MD order VV that IN they PP be VB produced VVN in IN court NN . SENT Notes NNS Rule NP 1007 CD . SENT Testimony NN or CC Written JJ Admission NN of IN Party NP Contents NNS of IN writings NNS , , recordings NNS , , or CC photographs NNS may MD be VB proved VVN by IN the DT testimony NN or CC deposition NN of IN the DT party NN against IN whom WP offered VVD or CC by IN that DT party's JJ written JJ admission NN , , without IN accounting NN for IN the DT nonproduction NN of IN the DT original JJ . SENT Notes NNS Rule NP 1008 CD . SENT Functions NNS of IN Court NP and CC Jury NP When WRB the DT admissibility NN of IN other JJ evidence NN of IN contents NNS of IN writings NNS , , recordings NNS , , or CC photographs NNS under IN these DT rules NNS depends VVZ upon IN the DT fulfillment NN of IN a DT condition NN of IN fact NN , , the DT question NN whether IN the DT condition NN has VHZ been VBN fulfilled VVN is VBZ ordinarily RB for IN the DT court NN to TO determine VV in IN accordance NN with IN the DT provisions NNS of IN rule NN 104 CD . SENT However RB , , when WRB an DT issue NN is VBZ raised VVN a DT whether IN the DT asserted VVN writing NN ever RB existed VVD , , or CC b LS whether IN another DT writing NN , , recording NN , , or CC photograph NN produced VVN at IN the DT trial NN is VBZ the DT original JJ , , or CC c LS whether IN other JJ evidence NN of IN contents NNS correctly RB reflects VVZ the DT contents NNS , , the DT issue NN is VBZ for IN the DT trier NN of IN fact NN to TO determine VV as RB in IN the DT case NN of IN other JJ issues NNS of IN fact NN . SENT Notes NNS ARTICLE NN XI NN . SENT MISCELLANEOUS JJ RULES NNS Table NN of IN Contents NNS Rule NP 1101 CD . SENT Applicability NN of IN Rules NPS a DT Courts NNS and CC judges NNS . SENT These DT rules NNS apply VVP to TO the DT United NP States NPS district NN courts NNS , , the DT District NP Court NP of IN Guam NP , , the DT District NP Court NP of IN the DT Virgin NP Islands NP , , the DT Disrict NP Court NP for IN the DT Northern NP Mariana NP Islands NP , , the DT United NP States NPS courts NNS of IN appeals NNS , , the DT United NP States NPS Claims NP Court NP , , and CC to TO the DT United NP States NPS bankruptcy NN judges NNS and CC United NP States NPS magistrate NN judges NNS , , in IN the DT actions NNS , , cases NNS , , and CC proceedings NNS and CC to TO the DT extent NN hereinafter RB set VVN forth RB . SENT The DT terms NNS judge NN and CC court NN in IN these DT rules NNS include VVP United NP States NP bankruptcy NN judges NNS and CC United NP States NPS magistrate NN judges NNS . SENT b SYM Proceedings NNS generally RB . SENT These DT rules NNS apply VVP generally RB to TO civil JJ actions NNS and CC proceedings NNS , , including VVG admiralty NN and CC maritime JJ cases NNS , , to TO criminal JJ cases NNS and CC proceedings NNS , , to TO contempt NN proceedings NNS except IN those DT in IN which WDT the DT court NN may MD act VV summarily RB , , and CC to TO proceedings NNS and CC cases NNS under IN title NN 11 CD , , United NP States NPS Code NP . SENT c SYM Rule NN of IN privilege NN . SENT The DT rule NN with IN respect NN to TO privileges NNS applies VVZ at IN all DT stages NNS of IN all DT actions NNS , , cases NNS , , and CC proceedings NNS . SENT d SYM Rules NNS inapplicable JJ . SENT The DT rules NNS other JJ than IN with IN respect NN to TO privileges NNS do VVP not RB apply VV in IN the DT following VVG situations NNS . SENT 1 CD Preliminary JJ questions NNS of IN fact NN . SENT The DT determination NN of IN questions NNS of IN fact NN preliminary JJ to TO admissibility NN of IN evidence NN when WRB the DT issue NN is VBZ to TO be VB determined VVN by IN the DT court NN under IN rule NN 104 CD . SENT 2 CD Grand NP jury NN . SENT Proceedings NNS before IN grand JJ juries NNS . SENT 3 CD Miscellaneous JJ proceedings NNS . SENT Proceedings NNS for IN extradition NN or CC rendition NN . SENT preliminary JJ examinations NNS in IN criminal JJ cases NNS . SENT sentencing NN , , or CC granting VVG or CC revoking VVG probation NN . SENT issuance NN of IN warrants NNS for IN arrest NN , , criminal JJ summonses NNS , , and CC search NN warrants NNS . SENT and CC proceedings NNS with IN respect NN to TO release VV on IN bail NN or CC otherwise RB . SENT e SYM Rules NNS applicable JJ in IN part NN . SENT In IN the DT following VVG proceedings NNS these DT rules NNS apply VVP to TO the DT extent NN that IN matters NNS of IN evidence NN are VBP not RB provided VVN for IN in IN the DT statutes NNS which WDT govern VVP procedure NN therein RB or CC in IN other JJ rules NNS prescribed VVN by IN the DT Supreme NP Court NP pursuant JJ to TO statutory JJ authority NN . SENT the DT trial NN of IN misdemeanors NNS and CC other JJ petty JJ offenses NNS before IN United NP States NPS magistrate NN judge NN . SENT review NN of IN agency NN actions NNS when WRB the DT facts NNS are VBP subject JJ to TO trail VV de NP novo NP under IN section NN 706 CD 2 CD F NN of IN title NN 5 CD , , United NP States NPS Code NP . SENT review NN of IN orders NNS of IN the DT Secretary NP of IN Agriculture NP under IN section NN 2 CD of IN the DT Act NP entitled VVD An DT Act NP to TO authorize VV association NN of IN producers NNS of IN agricultural JJ products NNS approved VVN February NP 18 CD , , 1922 CD 7 CD U NP . SENT S NP . SENT C SYM . SENT 292 CD , , and CC under IN section NN 6 CD and CC 7 CD c SYM of IN the DT Perishable JJ Agricultural NP Commodities NPS Act NP , , 1930 CD 7 CD U NP . SENT S NP . SENT C SYM . SENT 499 CD f SYM , , 499 CD g NN c LS . SENT naturalization NN and CC revocation NN of IN naturalization NN under IN sections NNS 310 CD 318 CD of IN the DT Immigration NN and CC Nationality NN Act NP 8 CD U NP . SENT S NP . SENT C SYM . SENT 1421 CD 1429 CD . SENT prize NN proceedings NNS in IN admiralty NN under IN sections NNS 7651 CD 7681 CD of IN title NN 10 CD , , United NP States NPS Code NP . SENT review NN of IN orders NNS of IN the DT Secretary NP of IN the DT Interior NP under IN section NN 2 CD of IN the DT Act NP entitled VVD An DT Act NP authorizing VVG associations NNS of IN producers NNS of IN aquatic JJ products NNS approved VVN June NP 25 CD , , 1934 CD 15 CD U NP . SENT S NP . SENT C SYM . SENT 522 CD . SENT review NN of IN orders NNS of IN petroleum NN control NN boards NNS under IN section NN 5 CD of IN the DT Act NP entitled VVD An DT act NN to TO regulate VV interstate JJ and CC foreign JJ commerce NN in IN petroleum NN and CC its PP$ products NNS by IN prohibiting VVG the DT shipment NN in IN such JJ commerce NN of IN petroleum NN and CC its PP$ products NNS produced VVN in IN violation NN of IN State NP law NN , , and CC for IN other JJ purposes NNS , , approved VVN February NP 22 CD , , 1935 CD 15 CD U NP . SENT S NP . SENT C SYM . SENT 715 CD d SYM . SENT actions NNS for IN fines NNS , , penalties NNS , , or CC forfeitures NNS under IN part NN V NN of IN title NN IV NP of IN the DT Tariff NN Act NN of IN 1930 CD 19 CD U NP . SENT S NP . SENT C SYM . SENT 1581 CD 1624 CD , , or CC under IN the DT Anti JJ Smuggling NN Act NP 19 CD U NP . SENT S NP . SENT C SYM . SENT 1701 CD 1711 CD . SENT criminal JJ libel NN for IN condemnation NN , , exclusion NN of IN imports NNS , , or CC other JJ proceedings NNS under IN the DT Federal NP Food NP , , Drug NP , , and CC Cosmetic JJ Act NP 21 CD U NP . SENT S NP . SENT C SYM . SENT 301 CD 392 CD . SENT disputes NNS between IN seamen NNS under IN sections NNS 4079 CD , , 4080 CD , , and CC 4081 CD of IN the DT Revised VVN Statutes NNS 22 CD U NP . SENT S NP . SENT C SYM . SENT 256 CD 258 CD . SENT habeas NNS corpus NN under IN sections NNS 2241 CD 2254 CD of IN title NN 28 CD , , United NP States NPS Code NP . SENT motions NNS to TO vacate VV , , set VV aside RP or CC correct VV sentence NN under IN section NN 2255 CD of IN title NN 28 CD , , United NP States NPS Code NP . SENT actions NNS for IN penalties NNS for IN refusal NN to TO transport VV destitute JJ seamen NNS under IN section NN 4578 CD of IN the DT Revised VVN Statutes NNS 46 CD U NP . SENT S NP . SENT C SYM . SENT 679 CD . SENT actions NNS against IN the DT United NP States NPS under IN the DT Act NP entitled VVD An DT Act NP authorizing VVG suits NNS against IN the DT United NP States NPS in IN admiralty NN for IN damage NN caused VVN by IN and CC salvage NN service NN rendered VVN to TO public JJ vessels NNS belonging VVG to TO the DT United NP States NPS , , and CC for IN other JJ purposes NNS , , approved VVN March NP 3 CD , , 1925 CD 46 CD U NP . SENT S NP . SENT C SYM . SENT 781 CD 790 CD , , as RB implemented VVN by IN section NN 7730 CD of IN title NN 10 CD , , United NP States NPS Code NP . SENT Notes NP Rule NP 1102 CD . SENT Amendments NNS Amendments NNS to TO the DT Federal NP Rules NPS of IN Evidence NN may MD be VB made VVN as IN provided VVN in IN section NN 2072 CD of IN title NN 28 CD of IN the DT United NP States NPS Code NP . SENT Notes NP Rule NP 1103 CD . SENT Title NN These DT rules NNS may MD be VB known VVN and CC cited VVN as IN the DT Federal NP Rules NPS of IN Evidence NN . SENT Note NN copyright NN about IN us PP email NP us PP