Section 12.6 Proof of Similar Occurrence, Representation, or Transaction or the Absence Thereof

• Library: Evidence 2017

II. (§12.6) Proof of Similar Occurrence, Representation, or Transaction or the Absence Thereof

The Federal Rules of Evidence do not include a separate rule that applies the rules of relevance to evidence of similar happenings or the absence of similar happenings. Under Federal Rule of Evidence 403, admissibility depends on whether:

· there has been a sufficient showing of similarity of circumstances between the events and the event that is the subject of the trial (probative value);

· the other evidence...