Tennessee TRIAL - Trial Exhibit Status
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FAQ
Place one sticker on the bottom right corner of the first page of each exhibit. ? If you are the plaintiff, use a yellow sticker. ? If you are the defendant, use a blue sticker. Once you have put stickers on the first pages of all of your exhibits, place the exhibits in an order you like.
Relevance. All relevant evidence is admissible except as provided by the Constitution of the United States, the Constitution of Tennessee, these rules, or other rules or laws of general application in the courts of Tennessee. Evidence which is not relevant is not admissible. Advisory Commission Comments.
(A) The declarant must testify at the trial or hearing and be subject to cross-examination concerning the statement. (B) The statement must be an audio or video recorded statement, a written statement signed by the witness, or a statement given under oath.
Article VI. Witnesses. (a) General Rule - For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime may be admitted if the following procedures and conditions are satisfied: (1) The witness must be asked about the conviction on cross-examination.
FRE 702 provides that expert testimony is admissible if: (1) it is sufficiently based upon reliable facts or data; it is the product of reliable principles and methods and; the witness has applied the principles and methods reliably to the facts of the case.
RULE 403 AUTHORIZES THE TRIAL JUDGE TO EXCLUDE EVIDENCE IF ITS PROBATIVE VALUE IS SUBSTANTIALLY OUTWEIGHED BY THE DANGER OF UNFAIR PREJUDICE. FLIGHT EVIDENCE TENDS TO BE HIGHLY PREJUDICIAL BUT ONLY MARGINALLY PROBATIVE, ESPECIALLY IF THERE WAS A LONG TIME INTERVAL BETWEEN THE COMMISSION OF THE CRIME AND THE FLIGHT.
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.
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.
