Virginia Evidence Flashcards
Offers to Pay Medical Expenses
Virginia does not have a public policy exception for offers to pay medical expenses, so these statements may be admissible at trial.
Methods of Proving Character
A character witness in Virginia may not provide opinion testimony.
Defense Methods of Proving Character in Self Defense
When a defendant is claiming self-defense, Virginia allows him to introduce reputation evidence or specific acts evidence of the victim’s character for violence.
Prosecution Rebuttal of Victim’s Character for Violence
In Virginia, a prosecutor can only rebut the defense’s evidence about the character of the victim for violence. by introducing evidence of the victim’s reputation for peacefulness. The prosecution cannot introduce evidence of the defendant’s character for violence.
Test for Admission of Specific Acts of Misconduct (MIMIC Evidence)
Other act evidence to prove motive, intent, etc. is only admissible if the court finds that its probative value outweighs its incidental prejudice. This test favors exclusion, while the federal rules favor inclusion.
Admissibility of Duplicates under the Best Evidence Rule
In Virginia, photocopies do not qualify as duplicates for the best evidence rule unless they were made in the ordinary course of business.
Dead Man Statute
An adverse or interested party can testify against a deceased/otherwise incapacitated person or their estate. However, the testimony must be corroborated by other evidence. A judgment cannot be entered in favor of the adverse or interested party on the basis of uncorroborated evidence.
Hearsay Exception for Decedent’s Statements
Incapable declarant
Declarant or her estate is party in the case
Statement was made while the declarant was capable
Declarant is not unavailable due to self-inflicted injury
Sarah sues Eric’s estate in Virginia state court for injuries she suffered in a car accident. Eric died from his injuries a few days after the accident. Sarah testified at trial that Eric was driving extremely fast before the incident. Can a judgment be entered on these facts alone?
No. Due to the Dead Man Statute, Virginia requires more corroboration than the testimony of an interested party alone against a decedent or his estate to enter a judgment for the interested party.
Eric’s estate wants to call a nurse to testify that Eric told her “Sarah suddenly swerved right into my car.” Is this admissible?
Yes, under Virginia’s hearsay exception for decedent’s statements. Eric is an incapable declarant, his estate is a party in the case, the statement was made when he was capable, and his injury was not self-inflicted.
Basis of Opinion for Experts in a Criminal Case
Experts must only base their opinion on facts she personally knows or facts in evidence. The expert cannot rely on facts outside of her personal knowledge that are not in evidence, even if typically relied on by experts in the field.
Learned Treatises in Criminal Cases
Learned treatises are only admissible in criminal cases to impeach the expert. They are not admissible as substantive evidence.
Ultimate Issue Testimony of an Expert in Criminal Cases
Ultimate issue testimony of experts is prohibited in criminal cases.
Impeaching Own Witness
In Virginia, you generally cannot impeach your own witness unless your witness turns out to be hostile, at which point you may impeach your witness only regarding his prior inconsistent statements.
Admission of Prior Inconsistent Statement
Extrinsic evidence of a prior inconsistent statement is only admissible after the impeaching party has confronted the witness during cross and the witness denies or does not remember making the statement. Under the FRE, no foundation is required if the witness is the opposing party.
