Index

• Library: Evidence Guide 2003

Missouri

Evidence Guide

Index

References are to section numbers.

A

Accident reconstruction

see expert opinion, accident reconstruction

Accountant-client privilege

definition, 506

exception, 506

in general, 506

waiver, 506

Admissions

see Privilege, confessions and admissions

Admission against interest

see Hearsay, declaration against interest

Admission of party opponent

see Hearsay, admission of party-opponent

Adoptive admission

see Hearsay, admission of party-opponent

Advanced payment

admissibility of, 409

Alteration

see Privilege, subsequent alternation, repair, or precaution and Relevancy, subsequent precaution

Ancient document

see Authentication of Authorship; and Hearsay, ancient document

Arbitration proceeding

as privileged, 501

Arrests

see Character, proof of other crimes

Attorney

see Witnesses, competency, attorney

Attorney-client privilege

definitions, 502

exceptions

common interests, 502

fraud, 502

presence of third person, 502

receipt of cash, 502

identity of client, 502

in general, 502

insured-insurer privilege, 502

Authentication

ancient document, 901

authorship, 901

see Writings; and Recordings; and Telephone Conversations

bite mark identification, 703, 901

blood specimen, in paternity proceeding, 901

business record, by affidavit, 803, 901

fairness and accuracy, as to

computer, 901

x-ray, 901

public record, 901

self-authentication, 902

statutory authentication, 902

stolen property, by photograph, 901

tape recording, 901

telephone conversation, 901

tissue specimen, in paternity proceeding, 901

Auxiliary aids and services provider-impaired person privilege

assistive listening system, 508

definitions, 508

exception, 508

in general, 508

TT system, 508

TTD system, 508

TTY system, 508

transcription system, 508

B

Battered spouse syndrome

proof of, 418

Best evidence

see Writings, best evidence rule

statutory exception to requirement of original, 902, 1001

Bias

impeachment of witness

see Impeachment, bias

Bite-mark comparison

identification of source, 418, 901

Blood test

admissibility, 418

refusal of, 402

Breathalyzer test

admissibility, 418

Bruton rule, 105

Business Record

see Hearsay, business record

C

Cancer information record

as privileged, 501

Chain of custody

blood or tissue specimen, 402, 418

proof of, 417, 901

Character

absence of accident or mistake, 404

character of defendant, 404

character of victim of crime, 404,

412

common scheme, 404

concealed weapon, prior possession, 404

corroboration proof, 404

cross-examination, as to

see Cross-Examination

identity

in general, 404

impeachment

see Impeachment, character

in general, 404

intent

in general, 404

knowledge, proof of, 404

motive, proof of, 404

other crimes

as propensity proof, 404

limitations on, 404

proof of, 404

penalty phase proof, 404

in general, 403

victim impact, 403

preparation, 404

propensity proof, 404

Rape-Shield (sex crime-shield) statute, 412

rebuttal of act or omission charged

self-defense, proof of, 404

rebuttal to defense, evidence of good character of defendant, 404

receiving stolen property, prior act, 404

reputation

cross-examination of witness, 404

for lawfulness, 404

in general, 405

res gestae of crime, 404

sex crime-shield statute, 412

procedures required, 412

signature modus operandi/corroboration, 404

similar crimes, proof of, 404

truth and veracity, of a witness

see Impeachment generally

victim, character of, 404

Chart

admissibility, 403

Child abuse report

as privileged, 501

Child crime victim statement

see Hearsay, child crime victim statements

Child crime witness statement

see Hearsay, child crime witness statement

Child sex abuse victim statement

see Hearsay, child sex abuse victim statement

Children

witness, competency as

see Witnesses, child

Chiropractor-patient privilege

in general, 503

Clergyman-penitent

privilege

definitions, 505

in general, 505

Clinical social worker-

patient privilege

definitions, 503

exceptions, 503

in general, 503

Co-conspirator statement

see Hearsay, admission of a party and co-conspirator statement

Collective facts rule

see Opinion Evidence (Lay)

Competency

as a witness

see Witnesses, competency

will, capacity to make

see Expert Opinion, capacity to execute will; and Opinion Evidence (Lay)

Compromise, offer of

see Privilege, offer of compromise

Confession

see Privilege, confession and admissions

Conspiracy

admission of co-conspirator

see Hearsay, admission of a party, by co-conspirator

Contradiction

see Impeachment, contradiction

Controlled substance test

admissibility, 414, 415

Courtroom demonstration

see Relevancy, courtroom demonstration

Credibility

see Impeachment generally

Cross-examination

character witness

inquiry as to knowledge of rumor or report, 404

expert witness

hypothetical question assuming facts not in evidence, 703

leading question permitted, 611

scope of, 611

unaffected by testimony on preliminary matter, 104

Curative admissibility

see Waiver, curative admissibility

Custom and practice

due care, proof on the issue, 406

D

Declaration against interest

see Hearsay, declaration against interest

Demonstrative evidence

charts, 403

computer simulation, 403

courtroom demonstration, 403

diagram, 403

in general, 403

jury view, 403

model, 403

motion picture, 403

photograph, 403

real evidence distinguished, 403

videotape, 403

Dentist-patient privilege

definitions, 503

exceptions, 503

ex parte communication distinguished, 503

in general, 503

Descriptive facts rule

see Opinion Evidence (Lay)

Diagram

admissibility, 403

DNA test

admissibility, 418

Doctor-patient privilege

definitions, 503

exceptions

child abuse, 503

civil detention, 503

competency proceeding, 503

ex parte communication distinguished, 503

hospital review, 503

incarcerated offender records, 503

intoxication, 503

neglect, 503

parental rights

termination, 503

paternity, 503

physician competency, 503

pregnancy, 503

public record, 503

substance abuse, 503

venereal disease, 503

hospital record, 503

in general, 503

intoxication, 503

redacted record, 503

waiver, 503

Drug test

admissibility, 418

Dying declaration

see Hearsay, dying declaration

Employment security record

as privileged, 501

E

Error

invited, 103

non-jury case rule, 103

plain error, 103

when reversible, 103

Excited utterance

see Hearsay, spontaneous declaration

Experiment

proof of, 417

Expert opinion

accident reconstruction

in general, 702

bases for opinion

disclosure of, by witness, 703

hearsay reliance upon, 703

reasonableness of reliance, 703

scientific data or tests, reliance upon, 703

substantial, as needed, 703

battered spouse syndrome, 702

bite-mark comparison, 703, 901

causation of death, 702

causation of injury, 702

court-appointed expert, 706

credibility of witness, limitation as to, 702

cross-examination, 703

eyewitness reliability, 702

foundation required

facts, sufficiency of, 703

hypothetical question

in general, 703, 705

objection, form of, 103

malpractice, 702

mental condition, 702

negligence, 702

point of impact, 702

province of jury, invading, 704

qualifications

applied psychologist, 702

audiologist, 702

chiropractor, 702

in general, 702

nurse, 702

paramedics, 702

rape trauma syndrome, 702

relevancy, requirement of, 702

scientific information

distinguished from “opinion,” 702

provision of, 702

scientific tests, reliance on, 703

sex abuse syndrome, 702

test, opinion based upon, 703

ultimate issue, 704

value of property, 702

writing comparison, 702

F

Family history

see Hearsay, family history

Firearms residue test

admissibility, 418

Foundation

laying of, statutory exception, 902

G

General objections

see Objections, general objections

Grand jury proceedings

as privileged, 501

H

Habit

proof of, 406

Hair source test

admissibility, 418

Hearsay

admission of a party

adoptive admission, 803

by agent, 803

pleading, abandoned, 803

scope of authority to speak for principal, 803

by co-conspirator, 803

by person in privity, 803

by silence, 803

in general, 803

opinion, in form of, 803

pleadings, 803

admission of party-opponent, 803

adoptive admission

in general, 803

ancient document

in general, 803

limited to original copy, 803

bodily condition, as to, 803

business record

administrative hearing

foundation required, 803

authentication, by affidavit, 803, 901

foundation, by affidavit, 803, 901

foundation required, 803

in general, 803

limitation on content admissible...