Idaho Motion To Present Additional Evidence

State:
Idaho
Control #:
ID-SKU-864
Format:
PDF
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Description

Motion To Present Additional Evidence

An Idaho Motion To Present Additional Evidence is a document filed in the court by a party in a case for the purpose of introducing new evidence. It is used when a party wishes to present evidence that wasn't available or was not previously known at the time the case was heard. This motion is governed by Idaho Rule of Civil Procedure 56. There are two types of Idaho Motion To Present Additional Evidence: 1. Motion for Leave to Present Additional Evidence: This type of motion is used when the party wishes to introduce evidence that was not available or was not known at the time of the trial. This motion must be supported by sworn declarations and other evidence. 2. Motion for Reconsideration or Re-Opening of Evidence: This motion is used when the party wishes to introduce evidence that was available or known at the time of the trial, but was not presented for some reason. This motion must be supported by a sworn declaration and other evidence. Idaho Motion To Present Additional Evidence must be filed within a certain timeframe, as specified by the court. The opposing party must be served with a copy of the motion and will have the opportunity to respond.

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FAQ

Idaho Rules of Evidence Rule 602. Need for Personal Knowledge. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony.

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible. All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority.

Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.

The best evidence rule requires production of the original, not presentation to the jury.

Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

Idaho Rules of Evidence Rule 402. General Admissibility of Relevant Evidence. Relevant evidence is admissible unless these rules, or other rules applicable in the courts of this state, provide otherwise. Irrelevant evidence is not admissible.

Idaho Rules of Evidence Rule 703. Bases of an Expert's Opinion Testimony. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.

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Idaho Motion To Present Additional Evidence