Rhode Island Lack of Evidence
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How to fill out Lack Of Evidence?
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FAQ
Rule 402 - Relevant evidence generally admissible; irrelevant evidence inadmissible. Rule 403 - Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Rule 404 - Character evidence not admissible to prove conduct; exceptions; other crimes.
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
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.
Essentially, Rule 403 is a balancing test of the probative value of evidence against the harm likely to result from its admission into court. For example, gruesome photographs in a murder case are not usually considered prejudicial as they show the victim's injuries, the crime scene, blood splatter and other evidence.
A declaration of a deceased person shall not be inadmissible in evidence as hearsay if the court finds that it was made in good faith before the commencement of the action and upon the personal knowledge of the declarant.
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
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 fact or opinion.
Rule 803 - Hearsay exceptions; availability of declarant immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present Sense Impression.
