REVIEW~ Competent Witness? Yes Authenticate Evidence? Yes Evidence is Relevant?

No No Jury never sees the evidence Why did you waste the courts time? No Trier of Fact hears the evidence No Witness cannot testify

Yes Evidence is Hearsay? Must be assertion. Yes A Hearsay Exception Exists? No Yes Trier of Fact hears the evidence except Is this a Criminal Case? No

Trier of Fact does not hear the evidence

Trier of Fact hears the evidence Trier of Fact hears the evidence Yes Davis - because the police had entered the investigative stage

Yes Is the Hearsay Testimonial? No Yes Crawford - because a reasonable person would think the statement would be used in litigation Trier of Fact does not hear the evidence

Unless Giles - the defendant procured the unavailability of the declarant for the purpose of keeping them from presenting the hearsay now offered against the defendant. In that case, Trier of Fact hears the evidence.

4. PRESUMPTION
Uniform Rules of Evidence Rule 301 does define presumption: (1) basic fact means a fact or group of facts that give rise to a presumption. (2) inconsistent presumption means that the presumed fact of one presumption is inconsistent with the presumed fact of another presumption. (3) presumed fact means a fact that is assumed upon the finding of a basic fact. (4) presumption means that when a basic fact is found to exist, the presumed fact is assumed to exist until the nonexistence of the presumed fact is determined as provided in Rules 302 and 303. ANALYSIS: Rebutable fact gives rise to a basic fact (ltr put in mail) gives rise to presumed fact (receipt) thereby allowing Presumption (Receipt of letter). Attack presumed fact no issue of fact b/c no presumption is created. To attack basic fact decide issue of receipt using facts in case. = fact issue. Mandatory Presumption-BF-PF=Presummption

5. JUDICIAL NOTICE
(1) ADJUDICATIVE FACTS (TRIAL DEVELOPED FACTS) AND (2) LEGISLATIVE FACTS (NEVER CHANGING/UNIVERSAL) Courts may take judicial notice of either type of fact but Rule 201 only deals with adjudicative facts - see: Rule 201(a). No rule governs legislative facts PRIVILEGE Thus, both the attorney and the client have standing to claim protection of the work product doctrine. 2. Two types of work product exist. (1) Opinion work product reflects the mental process of the lawyer. (2) Ordinary work product includes the raw data received to form opinions 3. The work product privilege protects only things done in anticipation of litigation.

L. Marital privilege 1. Two forms of this privilege a. The confidential communications privilege b. The adverse spousal testimony privilege = absolute bar if testifying spouse says no not def spouse.