Texas Lack of Evidence
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FAQ
The House bill provides that evidence of a guilty or nolo contendere plea, of an offer of either plea, or of statements made in connection with such pleas or offers of such pleas, is inadmissible in any civil or criminal action, case or proceeding against the person making such plea or offer.
Rule 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: the United States or Texas Constitution; a statute; these rules; or other rules prescribed under statutory authority.
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.
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 412 also creates a presumption that an alleged rape victim's past sexual conduct is not admissible unless it meets certain exceptions. The author considers certain constitutional and judicial interpretation problems that might come up under the new rule.
The best evidence rule applies when a party wants to admit the contents of a writing, recording, or photograph at a trial, but that the original is not available.
Under Evidence Code 402, this concerns issues such as prior convictions and prior bad acts, voluntariness of statements made by a defendant, Miranda, hearsay, and privilege objections that must be litigated in a suppression hearing pursuant to Evidence Code 1538.
Whether in a live courtroom or a virtual courtroom, you must follow the same steps to validate and submit your evidence to the court: Provide your evidence to your opposing party and the court, following local rules; Mark your exhibits for identification; Present the evidence to the court and its participants;
