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RULES OF EVIDENCE FLOWCHART

NO

The evidence is inadmissible under Rule 402

"Objection, Relevance"

YES

The evidence MAY be inadmissible under Rule 404

The evidence is inadmissible under Rule 403

"Objection, Unfairly Prejudicial"

Is it RELEVANT?

Is it CHARACTER EVIDENCE?

Is it UNFAIRLY PREJUDICIAL?

YES

NO

The evidence is admissible under Rule 401

"This is probative on [witness credibility/one of the elements of the case]

Continue with the flow chart

Continue with the flowchart

NO

Because:

Lack of Personal Knowledge/Speculation

Lack of Professional Knowledge/Improper Opinion

Authenticity

Is it RELIABLE?

MAYBE

Hearsay Rules:

It IS hearsay by definition and there is no exception

It IS hearsay by definition, but there is an exception that applies

NO

It is NOT Hearsay by definition (Rule 801)

YES

Continue with flowchart

YES

Is it in GOOD FORM?

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