Probative Value

Relevant evidence is admissible unless specifically excluded, and irrelevant evidence is inadmissible.

Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. 

Even though evidence passes the test of relevancy, evidence will be inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Proof of Character

Evidence of a character trait to show propensity to act in accordance with that trait is generally inadmissible in a civil case, unless character itself is directly in issue.  The character as to truthfulness or untruthfulness of a witness may be called into issue.

The defense in a criminal case can prove, by either opinion or reputation evidence, character traits of the criminal defendant which are inconsistent with the alleged criminal activity.  After the defendant introduces such evidence, the prosecution can rebut with similar character evidence.

The prosecution cannot initiate the proof of character in a criminal case, except to prove the peaceful nature of the victim in a homicide case where the defendant has raised the defense of self-defense.

When character is in issue, it may be proven by reputation evidence and opinion testimony.  Specific instances of conduct can be used on cross-examination or where character is an essential element of the charge, claim or defense.

Evidence of a witness’s truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. Vigorous cross examination and/or the fact that a witness is contradicted by other evidence in the case does not constitute such an attack.

In criminal cases, evidence of specific instances of sexual behavior by the alleged victim is admissible to prove that a person other than the accused was involved in the event, or to prove that the victim’s behavior with the accused was consensual, where necessary to protect the defendant’s constitutional rights.  In civil cases, the probative value of such evidence of the victim’s character must outweigh its prejudicial effect.  Evidence of the victim’s reputation is admissible only if the victim herself puts her character in issue.

Evidence of Other Crimes

Evidence of other crimes is admissible only to prove identity, motive, opportunity, plan or similar relevant facts in a criminal case. 

In cases involving sexual assault or child molestation, the defendant’s commission of other such acts or offenses may be considered.  Conviction of the crime need not be proven, but the prosecution must give reasonable notice if it intends to introduce evidence of other crimes at trial.

Habit, Custom and Routine Practice

Evidence of regularized conduct which can be characterized as a habit is admissible to prove conduct in accordance with that habit.

Subsequent Safety Measures

Evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct, product or design defect, or need for a warning or instruction in a products liability case, but is admissible to prove other issues such as ownership or control, or for impeachment.

Offers of Settlement

An offer to compromise a disputed claim and all statements made in such a context are not admissible to prove liability.

An offer in compromise is admissible if it is accepted and the party is suing in contract to enforce it.

An offer in compromise cannot qualify as such until the other party has made a claim so that a dispute exists.

Payment of Medical Expenses

An offer to pay or the payment of medical expenses is likewise not admissible to show liability.  However, a statement made in connection with an offer to pay medical expenses is admissible.

Plea Bargains

An offer to plea bargain and statements made in connection therewith are not admissible at a subsequent trial.

If the criminal process has not begun, a statement made in an attempt to avoid criminal liability (for example, an offer to pay for goods which were stolen) is admissible at a subsequent trial.

Similar Happenings and Transactions

Evidence of similar events or circumstances is not admissible to prove the relevant event unless the probative value is compelling.

Evidence of similar lawsuits is not admissible unless the other lawsuit is connected in some special way with the lawsuit on trial.

Prices received for the sale of similar property are admissible on the issue of valuation. 

Similar fraudulent transactions are admissible to prove absence of mistake in the case on trial. 

Contract dealings between the parties are admissible to aid in interpretation, but dealings between a party and a third person are not.

Experimental and Scientific Evidence

Evidence of a scientific test which fairly represents a relevant event is admissible even if the opposing party had no notice of the test and did not participate in it.

Demonstrative Evidence

A trier of fact can base his findings upon observation of the demeanor of witnesses and evidence deduced from observations made in the courtroom and from authorized views.

The judge has wide discretion in deciding whether and in what form to allow demonstrative evidence. The judge may exclude demonstrative evidence as unduly inflammatory, even if it is relevant.