Hawaii Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim
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How to fill out Motion To Bar Admission Of Inflammatory And Prejudicial Matters Concerning The Victim?
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FAQ
Rule 702 requires only that the testimony be of assistance to the trier of fact. The Advisory Committee's Note to Fed. R. Evid.
This rule is identical with Fed. R. Evid. 1006, the Advisory Committee's Note to which says: "The admission of summaries of voluminous books, records, or documents offers the only practicable means of making their contents available to judge and jury."
R. Evid. 201 puts it: "The usual method of establishing adjudicative facts is through the introduction of evidence, ordinarily consisting of the testimony of witnesses. If particular facts are outside the area of reasonable controversy, this process is dispensed with as unnecessary.
403 explains, "means an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one." In some cases assessment of potential for prejudice will depend upon the court's view of the ability and willingness of jurors to follow a limiting instruction, see Rule 105 supra.
R. Evid. 404. It operates to exclude generally evidence of a person's character "for the purpose of proving that he acted in conformity therewith on a particular occasion." The exclusion represents a particularized application of the principle of Rule 403 supra.
Hawaii rules of evidence. 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. This rule is identical with Fed.
Rule 404(b) of the Federal Rules of Evidence makes inadmissible most character evidence regarding crimes or acts for which no charges were filed, but this rule should not be used to eliminate evidence of criminal activity committed by the defendant at the same time as the crime charged, as a predicate to the crime ...
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.