Admissibility Generally r 104 Preliminary Questions (a) Questions of Admissibility Generally



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Summary of Evidence Rules Evidence

Prof. Gillers


Admissibility Generally

R 104 Preliminary Questions

(a) Questions of Admissibility Generally - ... concerning the qualification of a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court ... not bound by the rules of evidence except those with respect to privileges.
R 105 Limited Admissibility

When evidence admissible to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.


Relevancy

R 401 Definition of “Relevant Evidence”

... having any tendency to make the existence of any fact that is of consequence to the determination of the action (materiality) more probable or less probable than it would be without the evidence (probativeness).



Advisory Note: ... whether an item possesses sufficient probative value to justify receiving it in evidence, i.e sufficient relationship between evidence offered and fact sought to be proved such that reasonable persons might infer one from the other

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