Rules of Evidence: Hearings Before the Committee on the Judiciary, United States Senate, Ninety-third Congress, Second Session, on Federal Rules of Evidence, H.R. 5463 ... June 4 and 5, 1974, 28. sējumsU.S. Government Printing Office, 1974 - 389 lappuses |
No grāmatas satura
1.–5. rezultāts no 100.
37. lappuse
... exceptions , stretching them very badly . This exception simply recognizes that this best evidence , when the witness is not available , under the narrow circumstances suggested , may be used . Finally , as a trial judge , and one who ...
... exceptions , stretching them very badly . This exception simply recognizes that this best evidence , when the witness is not available , under the narrow circumstances suggested , may be used . Finally , as a trial judge , and one who ...
52. lappuse
... exceptions to the hearsay rule that I know anything about are based upon the probability that the extra - judicial ... exceptions but which has comparable circumstantial guarantees of trustworthiness . There is another equivalent ...
... exceptions to the hearsay rule that I know anything about are based upon the probability that the extra - judicial ... exceptions but which has comparable circumstantial guarantees of trustworthiness . There is another equivalent ...
68. lappuse
... exceptions to the hearsay rule have been catalogued and to pass the hearsay rule to oncoming generations as a closed system . Exception ( 24 ) and its com- panion provision in Rule 804 ( b ) ( 6 ) are accordingly included . They do not ...
... exceptions to the hearsay rule have been catalogued and to pass the hearsay rule to oncoming generations as a closed system . Exception ( 24 ) and its com- panion provision in Rule 804 ( b ) ( 6 ) are accordingly included . They do not ...
69. lappuse
... exception and depositions led to the exemption of that exception from the deposition re- quirement . The exception thus exempted is no doubt the most frequently recurring of the hearsay exceptions covered by the Rule , and the impact of ...
... exception and depositions led to the exemption of that exception from the deposition re- quirement . The exception thus exempted is no doubt the most frequently recurring of the hearsay exceptions covered by the Rule , and the impact of ...
70. lappuse
... exception is unwarranted on the ground that it does not bear sufficient guarantees of trustworthiness . This conclusion disregards the safeguards which were incorporated in the Rule . Since the Rule requires unavailability of the ...
... exception is unwarranted on the ground that it does not bear sufficient guarantees of trustworthiness . This conclusion disregards the safeguards which were incorporated in the Rule . Since the Rule requires unavailability of the ...
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admissible admitted adopted Advisory Committee American Bar Association apply Article attorney Best Evidence Rule California Evidence Code Chairman claim Code of Evidence codifies Committee on Rules common law Congress Court Draft Nov credibility crime criminal cross-examination declarant declarant's defendant deleted direct examination disclosure District documents effect Evidence Code evidence law expert fact federal courts hearing hearsay exceptions hearsay rule House Committee Report impeachment issue Italics added judge Judicial Conference judicial notice Judiciary juror jury Justice legislative limited litigation matter McCormick ment nolo contendere offered opinion party admission patient person present Present Sense Impression presumption prior inconsistent statements prior statement privilege problem proceedings proposed amendments Proposed Federal Rules proposed rules provides question reasonable record relevant requirement Rules of Evidence Senator BURDICK Senator ERVIN Standing Committee statute Subcommittee submitted substantial supra note 40 Supreme Court Draft testify testimony tion Trial Lawyers trustworthiness truth Uniform Rules United Wigmore witness
Populāri fragmenti
142. lappuse - Court pursuant to statutory authority, 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 United States in the light of reason and experience.
104. lappuse - The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States in its second preliminary draft of proposed amendments to the Rules of Criminal Procedure for the United States District Courts...
348. lappuse - ... opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term...
78. lappuse - States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant.
21. lappuse - Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.
292. lappuse - Except as provided in subdivision (b), 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.
291. lappuse - 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...
314. lappuse - Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May, and until the expiration of ninety days after they have been thus reported.
301. lappuse - 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.
297. lappuse - ... attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final...