What is extrinsic evidence character evidence?
Extrinsic Evidence – Extrinsic evidence of a witness’s prior inconsistent statement is not admissible unless the witness is first examined about the statement and fails to unequivocally admit making the statement.
When can extrinsic evidence be used to impeach?
Extrinsic evidence of a prior inconsistent statement by a witness is admissible if both of the following apply: (1) If the statement is offered solely for the purpose of impeaching the witness, the witness is afforded a prior opportunity to explain or deny the statement and the opposite party is afforded an opportunity …
Does California follow federal rules of evidence?
In the United States, federal courts follow the Federal Rules of Evidence, while state courts generally follow their own state rules. … In establishing what evidence is admissible, many rules of evidence concentrate first on whether the offered evidence is relevant.
Can impeachment be proved by extrinsic evidence?
Extrinsic evidence of the inconsistent statement is not admissible. Impeachment evidence is only relevant if the witness gave meaningful substantive testimony, the credibility of which is at issue.
What is the difference between intrinsic and extrinsic evidence?
Intrinsic evidence is directly con- nected to the factual circumstances of the crime and provides contex- tual or background information to the jury. Extrinsic evidence, on the other hand, is extraneous and is not intimately connected or blended with the factual circumstances of the charged offense.
What is the best evidence rule in California?
The Best Evidence Rule (Evidence Code Section 1500) requires that the content of a writing be proven by introducing the original. Because the Best Evidence Rule has many exceptions, most sec- ondary evidence is already admissible to prove the content of a writing.
Does California evidence Code apply in federal court?
In state court, and in federal “diversity cases,” California’s statutory law on privileges applies. Because California’s privileges are statute-based, nearly all of the potential evidentiary privileges may be found in a single chapter of the Evidence Code: “Privilege of Defendant in Criminal Case” (Evid.
What is Rule 405 for evidence of character?
Rule 405 (a) as submitted proposed to change existing law by allowing evidence of character in the form of opinion as well as reputation testimony.
Are there any substantive changes to Rule 405?
No substantive change is intended. The language of Rule 405 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
When is extrinsic evidence of a witness’s prior statement admissible?
Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party’s statement under Rule 801(d)(2).
When is extrinsic evidence not admissible under Rule 609?
(b) Specific Instances of Conduct. Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.