Maine Lack of Evidence

State:
Multi-State
Control #:
US-00885
Format:
Word; 
Rich Text
Instant download

Description

Lack of Evidence: A Lack of Evidence form is a sample jury instruction. This instruction states that the jury must acquit the Defendant if they feel the Plaintiff supplied a lack of evidence against the Defendant. This form is available in both Word and Rich Text formats.

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FAQ

RULE 402. Irrelevant evidence is not admissible.

When a communication is offered in an action between clients who were represented jointly by the lawyer, the lawyer-client privilege does not protect that communication if it is relevant to a matter of common interest between clients, and if the communication was made by any one of the clients to the lawyer retained or ...

Evid. 702. 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 such testimony will help the trier of fact to understand the evidence or to determine a fact in issue.

California Code, Evidence Code - EVID § 402 (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

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.

Rule 404 - Character Evidence; Crimes or Other Acts (a) Character evidence. (1)Prohibited uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait. (2)Exception for a defendant in a criminal case.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party. There are minor differences in time limits and the Maine time bar is absolute.

In a civil case, the court may admit evidence of specific instances of sexual behavior by an alleged victim offered to prove an alleged victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.

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Maine Lack of Evidence