EVIDENCE RULE 401. Definition of "Relevant Evidence"

EVIDENCE RULE 401. Definition of "Relevant Evidence"

  "Relevant evidence" means evidence having a tendency in reason to prove or disprove any fact of consequence to the determination of the action.

Evidence Rule 303. Presumptions Against the Accused in Criminal Cases

Evidence Rule 303. Presumptions Against the Accused in Criminal Cases

    (a)   Scope. --Except as otherwise provided by law, in criminal cases presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this rule. As used in this rule, the term "element of the offense" shall include any issue on which the prosecution bears the burden of persuasion beyond a reasonable doubt.

   (b)   Submission to jury. --The judge may not direct the jury to find a presumed fact against the accused. If a presumed fact establishes an element of the offense, the judge may submit the question of the existence of the presumed fact to the jury upon proof of the basic fact but only if a reasonable juror on the evidence as a whole, including the evidence of the basic fact, could find the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, the question of its existence may be submitted to the jury provided the basic facts are supported by sufficient evidence or are otherwise established, unless the judge determines that reasonable jurors on the evidence as a whole could not find the existence of the presumed fact.

   (c)   Instructing the jury. --Whenever the existence of a presumed fact against the accused is submitted to the jury, the judge may instruct the jury that it may regard the basic fact as sufficient evidence of the presumed fact but that it is not required to do so. In addition, if the presumed fact establishes guilt or is an element of the offense, the judge shall instruct the jury that its existence, on all of the evidence, must be proved beyond a reasonable doubt.  The judge shall not use the word "presumed" or "presumption" in instructions to the jury.

Evidence Rule 302. Choice of Law

Evidence Rule 302. Choice of Law

  In civil actions or proceedings, the existence and effect of a presumption respecting a fact which is an element of a claim or defense as to which federal law or the law of another jurisdiction supplies the rule of decision shall be determined in accordance with that federal or other law.

EVIDENCE RULE 301. Effect of Presumption

EVIDENCE RULE 301. Effect of Presumption

     Except as otherwise provided in Rule 303 or by other law, a presumption discharges the burden of producing evidence as to a fact (the presumed fact) when another fact (the basic fact) has been established.

   If evidence is introduced tending to disprove the presumed fact, the issue shall be submitted to the trier of fact for determination unless the evidence is such that reasonable persons would not differ as to the existence or nonexistence of the presumed fact. If no evidence tending to disprove the presumed fact is presented, the presumed fact shall be deemed established if the basic fact is found or otherwise established. The burden of persuasion as to the proof or disproof of the presumed fact does not shift to the party against whom the presumption is directed unless otherwise required by law. Nothing in this rule shall preclude the judge from commenting on inferences that may be drawn from the evidence.

EVIDENCE Rule 202. Judicial Notice in Proceedings Subsequent to Trial

 EVIDENCE Rule 202.  Judicial Notice in Proceedings Subsequent to Trial

   (a)   Subsequent proceedings. --The failure or refusal of the judge to take judicial notice of a matter or to instruct the trier of the fact with respect to it shall not preclude the judge from taking judicial notice of the matter in subsequent proceedings in the action.

   (b)   On appeal. --The reviewing court in its discretion may take judicial notice of any matter specified in Rule 201, whether or not judicially noticed by the judge.

   (c)   Opportunity to be heard. --A judge or a reviewing court taking judicial notice under paragraph (a) or (b) of this rule of a matter not previously noticed in the action may afford the parties the opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.

EVIDENCE RULE 201. Judicial Notice of Law and Adjudicative Facts

EVIDENCE RULE 201. Judicial Notice of Law and Adjudicative Facts

   (a)   Notice of law. --Law which may be judicially noticed includes the decisional, constitutional and public statutory law, rules of court, and private legislative acts and resolutions of the United States, this state, and every other state, territory and jurisdiction of the United States as well as ordinances, regulations and determinations of all governmental subdivisions and agencies thereof. Judicial notice may also be taken of the law of foreign countries.

   (b)   Notice of facts. --Facts which may be judicially noticed include:
      (1) such specific facts and propositions of generalized knowledge as are so universally known that they cannot reasonably be the subject of dispute,
      (2) such facts as are so generally known or are of such common notoriety within the area pertinent to the event that they cannot reasonably be the subject of dispute,
      (3) specific facts and propositions of generalized knowledge which are capable of immediate determination by resort to sources whose accuracy cannot reasonably be questioned, and
      (4) records of the court in which the action is pending and of any other court of this state or federal court sitting for this state.

   (c)   When discretionary. --A court may take judicial notice whether requested or not.

   (d)   When mandatory. --A court shall take judicial notice if requested by a party on notice to all other parties and if supplied with the necessary information.

   (e)   Opportunity to be heard. --Each party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.

   (f)   How taken. --In determining the propriety of taking judicial notice of a matter or the tenor thereof, any source of relevant information may be consulted or used, whether or not furnished by a party, and the rules of evidence shall not apply except Rule 403 or a valid claim of privilege.

   (g)   Instructing the jury. --In a civil action or proceeding, the judge shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the judge shall instruct the jury that it may, but is not required to, accept as established any fact which has been judicially noticed.

EVIDENCE RULE 106. REMAINER OF OR RELATED WRITINGS OR RECORDED STATEMENTS

EVIDENCE RULE 106. REMAINER OF OR RELATED WRITINGS OR RECORDED STATEMENTS

  When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which in fairness ought to be considered contemporaneously.