PAEvidence Flashcards
PA Evid. R. 403
Relevant evidence excluded if probative value “outweighed” (no “substantially”)
PA: Ws deemed incompetent by rule/statute
- 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
PA Special Procedures for Determining Competency of Child Witness < 14
- 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
PA Dead Man Statute
- 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
PA Evid: W’s Character for Truthfulness
- Reputation, not opinion
- W may not be asked about specific instances of *own conduct* to impeach
PA: Impeachment w/ Prior Inconsistent Statements – Use of Extrinsic Evidence
unlike FRE, PA requires W’s opportunity to explain or deny take place *before* sttmt admitted
PA: Testimony on Ultimate Issue in Case, including D’s Mental State
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)
PA Expert Testimony: Disclosure of Underlying Facts/Data
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
PA Authentication of Ancient Docs
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)
PA Spousal Immunity Not Available In:
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
PA Physician-Patient Privelege
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
PA Psychiatrist-Patient Privilege
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
Other PA Privileges
Clergy-Penitent: ALL proceedings, incl. child abuse
Accountant-client unless at issue
Professional journalist may protect confidential source
PA Evid: Compromise Offers/Negotiations
PA follows FRE, except dn allow for intro of evidence from negotiations w/ gov’t regulatory agency in a subsequent criminal case
PA Evid: Sexual Conduct
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)
PA Hearsay: W’s Prior Statements
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)
PA Hearsay Exception: Dying Declarations
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)
PA Hearsay Exception: Sttmt Made for Medical Diagnosis/Treatment
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”)
PA Hearsay Exception: Recorded Recollection
Either adverse party or judge can enter writing into evidence
PA Hearsay Exception: Biz Records
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)
PA Hearsay Exception: Public Records
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
PA Hearsay Exception: No Exception for Learned Treatises, but…
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
Child W in Criminal Sex Case
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
