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Legal Encyclopedia - Evidence

Table of contents

1 evidence: an overview

2 menu of sources

2.1 Federal Material

2.1.1 Federal Rules
2.1.2 Federal Judicial Decisions

2.2 State Material

2.2.1 State Statutes
2.2.2 State Judicial Decisions

2.3 Other References

2.3.1 Useful Offnet (or Subscription - $) Sources

3 other topics

evidence: an overview

Rules of evidence are, as the name indicates, the rules by which a court determines what evidence is admissible at trial. In the U.S., federal courts follow the Federal Rules of Evidence (http://www.law.cornell.edu/rules/fre/), while state courts generally follow their own rules. See, for example California's (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=evid&codebody=&hits=20) evidence rules, Indiana's (http://www.in.gov/judiciary/rules/evidence/) evidence rules, or Washington's (http://www.leg.wa.gov/pub/rcw/rcw%20%20%205%20%20TITLE/rcw%20%20%205%20%20%20TITLE/rcw%20%20%205%20%20%20TITLE.htm) evidence rules. State rules of evidence are generally imposed by the state legislature upon the state courts.

In establishing what evidence is admissible, many rules of evidence concentrate first on the relevancy of the offered evidence. See, for example Article IV (http://www.law.cornell.edu/rules/fre/index.html#article%20iv) of the Federal Rules of Evidence.

Rules of evidence also allocate among the parties the burden of producing evidence and the burden of persuading the court. See, for example Article III (http://www.law.cornell.edu/rules/fre/index.html#article%20iii) of the Federal Rules of Evidence or Division 5 of the California (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=evid&codebody=&hits=20) Evidence Code.

The Federal Rules of Evidence also address the admissibility of hearsay (http://www.law.cornell.edu/rules/fre/index.html#article%20iii), oral testimony (http://www.law.cornell.edu/rules/fre/index.html#article%20vi), and Article V (http://www.law.cornell.edu/rules/fre/index.html#article%20v) of the Federal Rules of Evidence and Division Eight (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=evid&codebody=&hits=20) of the California Evidence Code.

menu of sources

Federal Material

Federal Rules

Federal Rules of Evidence (http://www.law.cornell.edu/rules/fre/index.html)

Federal Judicial Decisions

U.S. Supreme Court: Recent Decisions on Evidence (http://www.law.cornell.edu/supct/search/index.html?query=evidence+and+rules)
U.S. Circuit Courts of Appeals: Recent Decisions on Evidence (http://www.law.cornell.edu/usca/search/index.html?query=evidence+and+rules)

State Material

State Statutes

State Statutes Dealing with Evidence (http://www.law.cornell.edu/topics/state_statutes.html#evidence)

State Judicial Decisions

N.Y. Court of Appeals:

Recent Decisions on Evidence (http://www.law.cornell.edu/nyctap/search/index.html?query=rule+and+evidence+not+liibulletin)
Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+rule+and+evidence)

Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

Other References

Useful Offnet (or Subscription - $) Sources

Good Starting Point in Print: Graham C. Lilly, An Introduction to the Law of Evidence (http://west.thomson.com/product/22093675/product.asp), West Group (1996)
LII Downloads (http://www.law.cornell.edu/disk.html)

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