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1
Q

List the 11 sections of the Wyoming Rules of Evidence

A
  1. General provisions; 2. Judicial Notice; 3. Presumptions; 4. Relevancy and It’s Limits; 5. Privileges; 6. Witnesses; 7. Opinion and Expert Testimony; 8. Hearsay; 9. Authentication and Identification; 10. Contents of Writings, Recordings, and Photographs; 11. Miscellaneous Rules.
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2
Q

List the one rule of Judicial Notice of WRE.

A

Rule 201: Judicial Notice of Adjudicative Facts

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3
Q

List the one rule of Privileges of WRE.

A

Rule 501: General Rule

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4
Q

List the three rules of Presumptions of WRE.

A

Rule 301: Presumptions in General in Civil Actions and Proceedings;
Rule 302: Applicability of Federal Law in Civil Actions and Proceedings;
Rule 303: Presumptions in Criminal Cases

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5
Q

List the three rules of Authentication and Identification of WRE.

A

Rule 901: Requirement of Authentication or Identification;
Rule 902: Self-Authentication.
Rule 903: Subscribing Witness Testimony Unnecessary.

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6
Q

List the six rules of Hearsay of WRE.

A

Rule 801: Definitions
Rule 802: Hearsay Rule
Rule 803: Hearsay Exceptions; Availability of Declarant Immaterial
Rule 804: Hearsay Exceptions: Declarant Unavailable
Rule 805: Hearsay Within Hearsay
Rule 806: Attacking and Supporting Credibility of Declarant

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7
Q

List the six rules of Opinion and Expert Testimony of WRE.

A

701: Opinion Testimony by Lay Witnesses
702: Testimony by Experts
703: Bases of Opinion Testimony by Experts
704: Opinion on Ultimate Issue
705: Disclosure of Facts or Data Underlying Expert Opinion
706: Court Appointed Experts

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8
Q

List the four rules of Miscellaneous Rules of WRE.

A

1101: Applicability of Rules
1102: Statutes Superseded
1103: Title
1104: Effective Date

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9
Q

List the six rules of General Provisions of WRE.

A

101: Scope
102: Purpose and Construction
103: Rulings on Evidence
104: Preliminary Questions
105: Limited Admissibility
106: Remainder of or Related Writings or Recorded Statements

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10
Q

List the eight rules of Contents of Writings, Recordings and Photographs of WRE.

A

1001: Definitions
1002: Requirement of Original
1003: Admissibility of Duplicates
1004: Admissibility of Other Evidence of Contents
1005: Public Records
1006: Summaries
1007: Testimony or written admission of party
1008: Functions of Court or Jury

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11
Q

List the eleven rules of Relevancy and its Limits of WRE.

A

401: Definition of “relevant evidence.”
402: Relevant evidence generally admissible; irrelevant evidence inadmissible.
403: Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
404: Character evidence not admissible to prove conduct; exceptions; other crimes.
405: Methods of proving character.
406: Habit; routine practice.
407: Subsequent remedial measures.
408: Compromise and offers to compromise.
409: Payment of medical and similar expenses.
410: Withdrawn pleas and offers.
411: Liability Insurance.

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12
Q

List the fifteen rules of Witnesses of WRE.

A

601: General Rule of Competency.
602: Lack of Personal Knowledge.
603: Oath or affirmation.
604: Interpreters
605: Competency of judge as witness.
606: Competency of juror as witness.
607: Who may impeach.
608: Evidence of character and conduct of witness.
609: Impeachment by evidence of conviction of crime.
610: Religious beliefs or opinions.
611: Mode and order of interrogation and presentation.
612: Writing or object used to refresh memory.
613: Prior statements of witnesses.
614: Calling and interrogation of witnesses by court.
615: Exclusion of witnesses.

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13
Q

WRE Rule 101: Scope

A

These rules govern proceedings in the courts of this state to the extent and with the exceptions stated in Rule 1101.

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14
Q

WRE Rule 102: Purpose and Construction

A

These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

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15
Q

WRE Rule 103 headings for a-d

A

(a) Effect of Erroneous Ruling
(b) Record of Offer and Ruling
(c) Hearing of Jury
(d) Plain Error

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16
Q

WRE Rule 104 heading for a-e

A

(a) Questions of admissibility generally
(b) Relevancy conditioned on fact
(c) Hearing of jury
(d) Testimony by accused
(e) Weight and credibility

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17
Q

WRE Rule 105: Limited Admissibility

A

When evidence which is admissible as to one (1) party or for one (1) purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

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18
Q

WRE Rule 106: Remainder of or related writings or recorded statements.

A

When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.

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19
Q

WRE Rule 201 headings a-g

A

(a) scope of rule
(b) kinds of facts
(c) when discretionary
(d) when mandatory
(e) opportunity to be heard
(f) time of taking notice
(g) instructing jury

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20
Q

WRE Rule 301 headings a-b

A

(a) effect

(b) inconsistent presumptions

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21
Q

WRE Rule 302

A

In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which federal law supplies the rule of decision is determined in accordance with federal law.

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22
Q

WRE Rule 303 headings a-c

A

(a) scope
(b) submission to jury
(c) instructing the jury

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23
Q

WRE Rule 401

A

“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.

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24
Q

WRE Rule 402

A

All relevant evidence is admissible, except as otherwise provided by statute, by these rules, or by other rules prescribed by the Supreme Court. Evidence which is not relevant is not admissible.

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25
Q

WRE 403

A

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.

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26
Q

WRE Rule 404 headings a-b

A

(a) character evidence generally

(b) other crimes, wrongs or acts

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27
Q

WRE Rule 405 headings a-b

A

(a) reputation or opinion

(b) specific instances of conduct

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28
Q

WRE Rule 406

A

Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

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29
Q

WRE Rule 407

A

When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.

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30
Q

WRE Rule 408

A

Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

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31
Q

WRE Rule 409

A

Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.

32
Q

WRE Rule 410

A

Evidence of a plea of guilty, later withdrawn, or admission of the charge, later withdrawn, or of a plea of nolo contendere, or of an offer so to plead to the crime charged or any other crime, or of statements made in connection with any of the foregoing withdrawn pleas or offers, is not admissible in any civil or criminal action, case, or proceeding against the person who made the plea or offer.

33
Q

WRE Rule 411

A

Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.

34
Q

WRE Rule 501

A

Except as otherwise required by constitution or statute or by these or other rules promulgated by the Supreme Court of Wyoming, the privilege of a witness, person, government, state, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the State of Wyoming in the light of reason and experience.

35
Q

WRE Rule 601

A

Every person is competent to be a witness except as otherwise provided in these rules.

36
Q

WRE Rule 602

A

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself. This rule is subject to the provisions of Rule 703, relating to opinion testimony by expert witnesses.

37
Q

WRE Rule 603

A

Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.

38
Q

WRE Rule 604

A

An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation that he will make a true translation.

39
Q

WRE Rule 605

A

The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

40
Q

WRE Rule 606 headings a-b

A

(a) At the trial

(b) Inquiry into validity of verdict or indictment

41
Q

WRE Rule 607

A

The credibility of a witness may be attacked by any party, including the party calling him.

42
Q

WRE Rule 608 headings a-b

A

(a) Opinion and reputation evidence of character

(b) Specific instances of conduct

43
Q

WRE Rule 609 headings a-e

A

(a) general rule
(b) time limit
(c) effect of pardon, annulment, or certificate of rehabilitation
(d) juvenile adjudications
(e) pendency of appeal

44
Q

WRE Rule 610

A

Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature his credibility is impaired or enhanced.

45
Q

WRE Rule 611 headings a-c

A

(a) control by court
(b) scope of cross-examination
(c) leading questions

46
Q

WRE Rule 612 headings a-c

A

(a) while testifying
(b) before testifying
(c) terms and conditions of production and use

47
Q

WRE Rule 613 headings a-b

A

(a) examining witness concerning prior statement

(b) extrinsic evidence of prior inconsistent statement of witness

48
Q

WRE Rule 614 headings a-c

A

(a) calling by court
(b) interrogation by court
(c) objections

49
Q

WRE Rule 615

A

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may enter the order on its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of his cause.

50
Q

WRE Rule 701

A

If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue.

51
Q

WRE Rule 702

A

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 an opinion or otherwise.

52
Q

WRE Rule 703

A

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

53
Q

WRE Rule 704

A

Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

54
Q

WRE Rule 705

A

The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

55
Q

WRE Rule 706 headings a-d

A

(a) appointment
(b) compensation
(c) disclosure of appointment
(d) parties’ experts of own selection

56
Q

WRE Rule 801 headings a-d

A

(a) Statement
(b) Declarant
(c) Hearsay
(d) Statements which are not hearsay

57
Q

WRE Rule 802

A

Hearsay is not admissible except as provided by these rules or by other rules adopted by the Supreme Court of Wyoming or by statute.

58
Q

WRE Rule 803 1-24

A

(1) present sense impression
(2) excited utterance
(3) then existing mental, emotional or physical condition
(4) statements for purposes of medical diagnosis or treatment
(5) recorded recollection
(6) records of regularly conducted activity
(7) absence of entry in records kept in accordance with the provisions of paragraph (6)
(8) public records and reports
(9) records of vital statistics
(10) absence of public record or entry
(11) records of religious organizations
(12) marriage, baptismal, and similar certificates
(13) family records
(14) records of documents affecting an interest in property
(15) statements in documents affecting an interest in property
(16) statements in ancient documents
(17) market reports; commercial publications
(18) learned treatises
(19) reputation concerning personal or family history
(20) reputation concerning boundaries or general history
(21) reputation as to character
(22) judgment of previous conviction
(23) judgement as to personal, family, or general history, or boundaries
(24) other exceptions

59
Q

WRE Rule 804 headings a-b

A

(a) definition of unavailability

(b) hearsay exceptions

60
Q

WRE Rule 805

A

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.

61
Q

WRE Rule 806

A

When a hearsay statement, or a statement defined in Rule 801(d)(2), (C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked and if attacked may be supported by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with his hearsay statement, is not subject to any requirement that he may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine him on the statement as if under cross-examination.

62
Q

WRE Rule 901 headings a-b

A

(a) general provision

(b) illustrations

63
Q

WRE Rule 902 headings a-d

A

(a) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(b) lack of record
(c) other proof
(d) seal dispensed with

64
Q

WRE Rule 903

A

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

65
Q

WRE Rule 1001 1-4

A

(1) Writings and recordings
(2) Photographs
(3) Original
(4) Duplicate

66
Q

WRE Rule 1002

A

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute.

67
Q

WRE Rule 1003

A

A duplicate is admissible under this rule or as may be otherwise provided by statute to the same extent as an original unless (1) a genuine question is raised as to the authenticity or continuing effectiveness of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

68
Q

WRE Rule 1004 1-4

A

(1) Originals lost or destroyed
(2) Original not obtainable
(3) Original in possession of opponent
(4) Collateral matters

69
Q

WRE Rule 1005

A

The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. (See Griffin v. Town of Pine Bluffs, 366 P.2d 993 (Wyo. 1961), rehearing denied, 368 P.2d 132 (Wyo. 1962), and Orcutt v. State, 366 P.2d 690, 693 (Wyo. 1961)).

70
Q

WRE Rule 1006

A

The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may order that they be produced in court.

71
Q

WRE Rule 1007

A

Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.

72
Q

WRE Rule 1008

A

When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

73
Q

WRE Rule 1101 heading a-b

A

(a) Rules applicable

(b) Rules inapplicable

74
Q

WRE Rule 1102

A

From and after the effective date of these rules, the sections of the Wyoming Statutes, 1957, as amended and recodified in ch. 188, S.L. Wyo. 1977, hereinafter enumerated, shall be superseded, and such statutes and all other laws in conflict with these rules shall be of no further force or effect:
§ 1-12-101, W.S. recodified § 1-138, W.S. 1957
§ 1-12-106, W.S. recodified § 1-143, W.S. 1957
§ 1-12-201, W.S. recodified § 1-160, W.S. 1957
§ 1-12-202, W.S. recodified § 1-161, W.S. 1957
§ 1-12-203, W.S. recodified § 1-162, W.S. 1957
§§ 1-12-301 – 1-12-303, W.S. recodified §§ 1-165 – 1-169, W.S. 1957
§§ 1-12-401 – 1-12-402, W.S. recodified §§ 1-170 – 1-173, W.S. 1957
§§ 1-12-501 – 1-12-502, W.S. recodified §§ 1-174 – 1-177, W.S. 1957
§ 1-12-103, W.S. recodified § 1-140, W.S. 1957 and is not superseded.

75
Q

WRE Rule 1103

A

These rules may be known and cited as the Wyoming Rules of Evidence and abbreviated W.R.E.

76
Q

WRE Rule 1104

A

These rules will take effect and be in force from and after the 1st day of January, A.D. 1978.

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