To put it another way, courts would have to acknowledge that they sometimes consider a defendant's character, despite a rule of evidence
that expressly forbids the use of character evidence.
Such threats may be avoided with the aid of Federal Rule of Evidence
(FRE) 502(d) which refers to "disclosure of a communication or information covered by the attorney-client privilege or work-product protection.
Finally, the committee states in numbered paragraph (7) of its commentary that in case of redundancy, the applicable rule of evidence
and not other rules of the supreme court should be cited.
To be admissible, evidence must be: reliable; relevant to an issue in the case; and not subject to an exclusionary rule of evidence
What, then, is the effect of section 28(3)(b) on this much criticised rule of evidence
in the context of disciplinary proceedings before the Tribunal?
Second, this Article considers whether a rule of judicial discretion like Federal Rule of Evidence
403 is the proper vehicle for reasserting judicial preeminence in an interbranch power struggle such as the one I describe.
For example, Texas Rule of Evidence
503 dealing with the attorney-client privilege specifically includes an exception for "communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients.
The common law purpose of trial objections is codified in Federal Rule of Evidence
Federal Rule of Evidence
702 states, "if scientific, technical or other specialized knowledge will assist the trier of fact .
6) Indeed, we know of no other case in which a trial or appellate judge has been as discerning and as persuasive in dealing with the hearsay exception for public records set forth in Federal Rule of Evidence
Finally, Federal Rule of Evidence
102 serves as the basis for a third analytic argument supporting the conclusion that the Rules should not be construed as a typical statute.
Under Federal Rule of Evidence
702, an expert is allowed to testify when specialized knowledge will assist the trier of fact.
An added benefit to conspiracy prosecutions is the exception to the hearsay rule of evidence
What is unique in the process is the combination of the Rule of Evidence
with the panel of doctors.
CREC members did not find this controversial, voting 24-0, with one abstention, "to recommend that the Florida Supreme Court not adopt [the law] as a rule of evidence
, to the extent it is procedural.