North Carolina Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
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How to fill out Motion To Bar Introduction Of Any Evidence Relating To Prior Convictions Or Bad Acts?
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FAQ
Federal Rule of Evidence 404(b) provides that prior act evidence ?is not admissible to prove the character of a person in order to show action in conformity therewith.? Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.
North Carolina Rules of Evidence: Text of Rule 104 (b) Relevancy conditioned on fact. -- When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
- For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a felony, or of a Class A1, Class 1, or Class 2 misdemeanor, shall be admitted if elicited from the witness or established by public record during cross-examination or thereafter.
Under the ?best evidence? rule, the original of a writing, recording, or photograph is generally required in order to prove the contents of that item.
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.
Procedure for Admitting Rule 412 Evidence. The defendant may not admit into evidence, or reference in any way in front of the jury, the complainant's past sexual behavior ?unless and until? he obtains a determination from the court that the evidence is relevant and admissible.
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules. Evidence which is not relevant is not admissible.
- For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a felony, or of a Class A1, Class 1, or Class 2 misdemeanor, shall be admitted if elicited from the witness or established by public record during cross-examination or thereafter.