North Dakota Lack of Evidence
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How to fill out Lack Of Evidence?
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FAQ
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.
Rule 803 ? Exceptions to the Rule Against Hearsay?Regardless of Whether the Declarant Is Available as a Witness. The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
G.S. 8C-803(6). Authentication by affidavit is limited to records of nonparties, and the proponent of the records must give ?advance notice? of his or intent to offer the evidence pursuant to an affidavit. G.S. 8C-803(6). See generally In re S.D.J., 192 N.C. App.
Maryland Rule 5-803(b)(24) provides that: Under exceptional circumstances, the following are not excluded by the hearsay rule, even though the declarant is available as a witness: A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, ...
Rule 804(b)(1) creates a hearsay exception for former testimony given at an earlier trial or hearing, or in a deposition, if the witness has become unavailable, and the party against whom it is offered had an opportunity and similar motive to question the declarant at the earlier proceeding.
A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.
Rule 602 provides that witnesses' lack of personal knowledge excludes them from testifying except when expert witnesses are involved or in other circumstances. Rule 603 requires that witnesses give an oath or affirmation that they will testify truthfully.
