PAEvidence

Question 1

PA Evid. R. 403

Answer 1

Relevant evidence excluded if probative value “outweighed” (no “substantially”)

Question 2

PA: Ws deemed incompetent by rule/statute

Answer 2

• 1. incapable of perceiving accurately; 2. unable to express self; 3. has impaired memory; or 4. dn sufficiently understand duty to tell truth
• W convicted of perjury incompetent in civil case; spouse not competent to testify v. spouse in civil other than DR
• memory hypnotically refreshed but lacks indpt recollection of event

Question 3

PA Special Procedures for Determining Competency of Child Witness < 14

Answer 3

• Ct must determine whether W able to observe event w/ accuracy, remember, respond to Qs + tell truth
• Rendered incompetent when unduly suggestive or coercive interview techniques employed

Question 4

PA Dead Man Statute

Answer 4

• Person w/ interest cn testify in civil case re: matters took place before death
• Exceptions: wills; testimony against interest (renders W competent on all matters); rebuttal testimony

Question 5

PA Evid: W’s Character for Truthfulness

Answer 5

• Reputation, not opinion
• W may not be asked about specific instances of *own conduct* to impeach

Question 6

PA: Impeachment w/ Prior Inconsistent Statements – Use of Extrinsic Evidence

Answer 6

unlike FRE, PA requires W’s opportunity to explain or deny take place *before* sttmt admitted

Question 7

PA: Testimony on Ultimate Issue in Case, including D’s Mental State

Answer 7

PA allows any witness (expert or lay) to testify as to ultimate issue, including D did/dn possess mental state, so long as testimony otherwise admissible (ie: Frye or based on lay W’s perceptions)

Question 8

PA Expert Testimony: Disclosure of Underlying Facts/Data

Answer 8

Unlike FRE, PA requires expert to state facts or data upon which based; if facts/data otherwise inadmissible, ct must instruct jury to consider facts/data only to explain basis for expert’s opinion and not as substantive evidence In presenting facts to expert, use of hypo not req’d

Question 9

PA Authentication of Ancient Docs

Answer 9

30 yrs, not 20 (other req’ts same, ie: in a condition unlikely to create suspicion as to authenticity + found in a place where likely to be if authentic)

Question 10

PA Spousal Immunity Not Available In:

Answer 10

i) Proceedings for desertion or maintenance;
ii) Criminal proceeding for bodily injury v. W-spouse or upon kid; or where D charged murder or rape/IDSI
iii) Bigamy case

Question 11

PA Physician-Patient Privelege

Answer 11

Applies only in civil matters and only excludes statements made by patient to dr

dn apply in: 1. civil action brought by patient on account of physical injuries; 2. child abuse proceeding; 3. proceeding for extended involuntary commitment

Question 12

PA Psychiatrist-Patient Privilege

Answer 12

Applies to civil + criminal on same basis as A/C privilege, except not in child abuse cases

Also related privileges: mental health ttmt records except for P who puts at issue; student-counselor/nurse; sexual assault/DV victim-counselor

Question 13

Other PA Privileges

Answer 13

Clergy-Penitent: ALL proceedings, incl. child abuse

Accountant-client unless at issue

Professional journalist may protect confidential source

Question 14

PA Evid: Compromise Offers/Negotiations

Answer 14

PA follows FRE, except dn allow for intro of evidence from negotiations w/ gov’t regulatory agency in a subsequent criminal case

Question 15

PA Evid: Sexual Conduct

Answer 15

PA Rape Shield Statute only applies in criminal cases; evidence of V’s past behavior in civil case covered by R. 404(b) (prior bad acts); generally inadmissible in criminal, except past sex w/ D if consent an issue and if D files written motion/offer of proof

Unlike FRE, no specific rule on D’s past sex conduct; apply R. 404(b)

Question 16

PA Hearsay: W’s Prior Statements

Answer 16

If W on stand, prior inconsistent sttmt admissible for substance not only if under oath, but also if in writing signed + adopted by W or verbatim contemporaneous recorded oral statement

Unlike FRE, prior consistent sttmts only admissible for rehab, not as substantive evidence

Prior sttmt of identification of person or thing not excluded (FRE limited to ID of person)

Question 17

PA Hearsay Exception: Dying Declarations

Answer 17

Applies in all cases, not just homicide + civil cases; otherwise, req’ts same (W must be unavailable, statement made under belief that death imminent + sttmt concerns cause or circs of death)

Question 18

PA Hearsay Exception: Sttmt Made for Medical Diagnosis/Treatment

Answer 18

Unlike FRE, PA excludes sttmt made to physician consulted only for purpose of enabling testimony at trial (falls w/in “for diagnosis” aspect of FRE, but PA requires “for diagnosis in contemplation of treatment”)

Question 19

PA Hearsay Exception: Recorded Recollection

Answer 19

Either adverse party or judge can enter writing into evidence

Question 20

PA Hearsay Exception: Biz Records

Answer 20

Unlike FRE, Pa excludes opinions + diagnoses from exception

Also different: PA allows ct to exclude based on any circs indicating lack of trustworthiness (FRE only looks to source of info or method/circs of its preparation)

Question 21

PA Hearsay Exception: Public Records

Answer 21

Admissible by statute so long as it was an official duty to prepare record

But: use of accident report prepared by PO not permitted as evidence in any civil or crim proceeding arising out of car accident, same w/ report filed by party to accident or state report on cause/factors that may prevent similar accidents in future

Question 22

PA Hearsay Exception: No Exception for Learned Treatises, but…

Answer 22

Can be used to impeach an expert, ct can take judicial notice of facts contained in learned treatise + expert can rely on LT in forming expert opinion

Question 23

Child W in Criminal Sex Case

Answer 23

Both Fed and PA Law: confrontation clause reflects preference for face-to-face confrontation, so no presumption that child will be retraumatized, but ct can allow for other methods of testimony upon finding that child will suffer serious emotional distress