South Dakota Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts

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Multi-State
Control #:
US-00807
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Word; 
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This form is a detailed 16 page sample motion to bar introduction of evidence related to prior convictions or bad acts. Citing federal and state case law in support of motion. Adapt to fit your circumstances.
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  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts
  • Preview Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts

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FAQ

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.

Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

The following is an example of evidence that would likely be found to be irrelevant: the fact that the defendant had been seen drunk at a party (not driving) a month before her arrest for driving while intoxicated. Even relevant evidence may not be admissible in all cases.

An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.

An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.

Irrelevant evidence is not admissible. 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.

Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of § 22-42-15 is guilty of a Class 1 misdemeanor. Source: SL 2011, ch 118, § 1.

19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.

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South Dakota Motion to Bar Introduction of Any Evidence Relating to Prior Convictions or Bad Acts