Delaware Burden of Proof - Physical Evidence Not Produced
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How to fill out Burden Of Proof - Physical Evidence Not Produced?
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FAQ
Evid. 802. Hearsay is not admissible except as provided by law or by these Rules.
If a law requiring a return or report to be made so provides: (1) a person, corporation, association, or other organization or entity-whether public or private-that makes the required return or report has a privilege to refuse to disclose it and to prevent any other person from disclosing it; and (2) a public officer ...
A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the client's lawyer or the lawyer's ...
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Essentially, Rule 403 is a balancing test of the probative value of evidence against the harm likely to result from its admission into court. For example, gruesome photographs in a murder case are not usually considered prejudicial as they show the victim's injuries, the crime scene, blood splatter and other evidence.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Put another way, a judge making a 104(b) ruling may only consider evidence that is or will be admitted. A judge making a 104(a) decision may consider any evidence?whether or not it is or will be admitted.
To that end, under Federal Rule of Evidence 104(a), a trial court must determine ?whether the expert is proposing to testify to (1) scientific knowledge that (2) will assist the trier of fact to understand or determine a fact in issue.? Specifically, the trial court must make a ?preliminary assessment? of whether the ...
A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the client's lawyer or the lawyer's ...
The rule provides that when a confidentiality order governing the consequences of disclosure in that case is entered in a federal proceeding, its terms are enforceable against non-parties in any federal or state proceeding.
