Admissibility of Evidence

Question 1

Rule of Completeness

Answer 1

When part of a document is offered into evidence, that document should not be offered without the rest of the document if it would be misleading without the complete document.

Question 2

Best Evidence rule

Answer 2

When a party seeks to prove information contained in a document, it must offer the original or duplicate in order to prove the contents.

Exception
1. When the document is lost or destroyed by know fault of the offering party.

Question 3

Authentication of Evidence

Answer 3

a. Evidence must be authenticated by offering enough evidence for the jury to find it is what the party claims it to be.
b. This could be done by someone with personal knowledge.

Question 4

Character Evidence in Civil Cases

Answer 4

Only admissible when character is an essential element of a claim or defense, or if the defendant put that specific character trait at issue (opens the door)

Question 5

Past Criminal Convictions

Answer 5

1. Felony and misdemeanor convictions may be used for impeachment purposes if the probative value substantially outweighs the prejudicial effect.
2. Must not be outside of 10 years from the conviction to use unless the judge admits it with discretion.

Question 6

Co-Conspirator Statements

Answer 6

In DE, a co-conspirator’s statement is not admissible as an opposing party’s statement until the conspiracy has been established by a preponderance of the evidence.