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Federal Rules of Evidence: Article IV
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Rule 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition.
Evidence of a victim’s sexual behavior or predisposition is not admissible in civil or criminal proceedings involving alleged sexual misconduct, except in specific circumstances, such as evidence of specific instances of a victim’s sexual behavior to prove someone other than the defendant was the source of semen, injury, or other physical evidence; or if excluded, would violate the defendant's constitutional rights.
Rule 409. Offers to Pay Medical and Similar Expenses.
Evidence of paying, offering to pay, or promising to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
Rule 413. Similar Crimes in Sexual Assault Cases.
In a criminal case in which the defendant is accused of a sexual assault, evidence of the defendant’s commission of another sexual assault is admissible and may be considered for any matter to which it is relevant.
Rule 411. Liability Insurance.
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. However, such evidence can be admitted for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control.
Rule 405. Methods of Proving Character.
Character can be proven by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, inquiry is allowed into relevant specific instances of the person's conduct.
Rule 416. Crime-Fraud Exception to Privilege.
The rule states that there is no privilege under the federal evidence law for: (1) a communication made to further a crime or fraud, or (2) a communication relevant to an issue between parties who claim through the same deceased client, regardless of the law of succession. This is designed to prevent the use of a privilege to cover up wrongdoing.
Rule 404. Character Evidence; Crimes or Other Acts.
Rule 404 prohibits the admission of evidence of a person's character or character trait to prove that on a particular occasion, the person acted in accordance with that character or trait. There are exceptions for certain cases, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons.
The court may exclude relevant evidence if its probative value is substantially outweighed by the risk of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 402. General Admissibility of Relevant Evidence.
Relevant evidence is generally admissible unless otherwise provided by the Constitution, federal statutes, these rules, or other rules prescribed by the Supreme Court. Conversely, irrelevant evidence is not admissible.
Rule 407. Subsequent Remedial Measures.
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product, a defect in a product’s design, or a need for a warning or instruction. However, the evidence can be admitted for other purposes such as impeachment or—if disputed—proving ownership, control, or the feasibility of precautionary measures.
Rule 406. Habit; Routine Practice.
Evidence of the habit of a person or routine practice of an organization is admissible to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Rule 401. Test for Relevant Evidence.
Evidence is considered relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and if the fact is of consequence in determining the action.
Rule 408. Compromise Offers and Negotiations.
Evidence of furnishing, promising to furnish, or offering to furnish— or accepting, promising to accept, or offering to accept—a valuable consideration in compromising or attempting to compromise a claim, is not admissible to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction.
Rule 415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation.
In a civil case involving a claim for relief based on a party's alleged commission of sexual assault or child molestation, evidence of that party's commission of another sexual assault or child molestation is admissible and may be considered as permitted by the Federal Rules of Evidence.
Rule 410. Pleas, Plea Discussions, and Related Statements.
Except as otherwise provided in this rule, evidence of the following is not admissible against the defendant who made the plea or participated in plea discussions: a guilty plea later withdrawn, a nolo contendere plea, statements made during plea discussions if the discussions did not result in a plea of guilty or were not related to a plea of nolo contendere, or a plea of guilty without an adjudication of guilt in a juvenile court.
Rule 414. Similar Crimes in Child Molestation Cases.
In a criminal case in which the defendant is accused of child molestation, evidence of the defendant’s commission of another offense or offenses of child molestation is admissible and may be considered for any matter to which it is relevant.
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