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Wyoming Rules of Evidence

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Wyoming Rules of Evidence Page: 1 Job Path: @psc3913/cville_data2/stcodes/wy/rls-supp/qj58065.22 Date: 02/29/16 Time: 11:7:54 0000 49961-27 WY -- PROOF WYOMING RULES OF EVIDENCE TABLE OF CONTENTS I. GENERAL PROVISIONS Rule 612. Writing or object used to refresh memory. Rule 613. Prior statements of witnesses. 101. Scope. 614. Calling and interrogation of witnesses by 102. Purpose and construction. court. 103. Rulings on evidence. 615. Exclusion of witnesses. 104. Preliminary questions. 105. Limited admissibility. VII. OPINIONS AND EXPERT 106. Remainder of or related writings or re- TESTIMONY corded statements. 701. Opinion testimony by lay witnesses. II. JUDICIAL NOTICE 702. Testimony by experts. 201. Judicial notice of adjudicative facts. 703. Bases of opinion testimony by experts. 704. Opinion on ultimate issue. III. PRESUMPTIONS 705. Disclosure of facts or data underlying ex- 301. Presumptions in general in civil actions pert opinion. and proceedings. 706. Court-appointed experts. 302. Applicability of federal law in civil actions VIII. HEARSAY and proceedings. 303. Presumptions in criminal cases. 801. Definitions. 802. Hearsay rule. IV. RELEVANCY AND ITS LIMITS 803. Hearsay exceptions; availability of de- 401. Definition of ‘‘relevant evidence’’. clarant immaterial. 402. Relevant evidence generally admissible; 804. Hearsay exceptions; declarant irrelevant evidence inadmissible. unavailable. 403. Exclusion of relevant evidence on grounds 805. Hearsay within hearsay. of prejudice, confusion, or waste of time. 806. Attacking and supporting credibility of 404. Character evidence not admissible to declarant. prove conduct; exceptions; other crimes. 405. Methods of proving character. IX. AUTHENTICATION AND 406. Habit; routine practice. IDENTIFICATION 407. Subsequent remedial measures. 901. Requirement of authentication or 408. Compromise and offers to compromise. identification. 409. Payment of medical and similar expenses. 902. Self-authentication. 410. Withdrawn pleas and offers. 903. Subscribing witness’ testimony unneces- 411. Liability insurance. sary. V. PRIVILEGES X. CONTENTS OF WRITINGS, 501. General rule. RECORDINGS, AND PHOTOGRAPHS VI. WITNESSES 1001. Definitions. 1002. Requirement of original. 601. General rule of competency. 1003. Admissibility of duplicates. 602. Lack of personal knowledge. 1004. Admissibility of other evidence of 603. Oath or affirmation. contents. 604. Interpreters. 1005. Public records. 605. Competency of judge as witness. 1006. Summaries. 606. Competency of juror as witness. 1007. Testimony or written admission of party. 607. Who may impeach. 1008. Functions of court and jury. 608. Evidence of character and conduct of witness. XI. MISCELLANEOUS RULES 609. Impeachment by evidence of conviction of crime. 1101. Applicability of rules. 610. Religious beliefs or opinions. 1102. Statutes superseded. 611. Mode and order of interrogation and 1103. Title. presentation. 1104. Effective date. 1 Page: 2 Job Path: @psc3913/cville_data2/stcodes/wy/rls-supp/qj58065.22 Date: 02/29/16 Time: 11:7:54 0000 49961-27 WY -- PROOF Rule 101 WYOMING COURT RULES 2 I. GENERAL PROVISIONS Rule 101. Scope. These rules govern proceedings in the courts of this state to the extent and with the exceptions stated in Rule 1101. Rule 102. Purpose and construction. These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. Rule 103. Rulings on evidence. (a) Effect of erroneous ruling. — Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection. — In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or (2) Offer of Proof. — In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. (b) Record of offer and ruling. — The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form. (c) Hearing of jury. — In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury. (d) Plain error. — Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. Rule 104. Preliminary questions. (a) Questions of admissibility generally. — Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges. (b) Relevancy conditioned on fact. — When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. (c) Hearing of jury. — Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if he so requests. (d) Testimony by accused. — The accused does not, by testifying upon a preliminary matter, subject himself to cross-examination as to other issues in the case. (e) Weight and credibility. — This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. Page: 3 Job Path: @psc3913/cville_data2/stcodes/wy/rls-supp/qj58065.22 Date: 02/29/16 Time: 11:7:54 0000 49961-27 WY -- PROOF 3 RULES OF EVIDENCE Rule 302 Rule 105. Limited admissibility. When evidence which is admissible as to one (1) party or for one (1) purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. Rule 106. Remainder 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 him at that time to introduce any other part or any other writing or recorded statement which ought in fairness to be considered contemporane- ously with it. II. JUDICIAL NOTICE Rule 201. Judicial notice of adjudicative facts. (a) Scope of rule. — This rule governs only judicial notice of adjudicative facts. (b) Kinds of facts. — A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (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 and supplied with the necessary information. (e) Opportunity to be heard. — A 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) Time of taking notice. — Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury. — In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. III. PRESUMPTIONS Rule 301. Presumptions in general in civil actions and proceedings. (a) Effect. — In all civil actions and proceedings not otherwise provided for by statute or by these rules, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence. (b) Inconsistent presumptions. — If presumptions are inconsistent, the presumption applies that is founded upon weightier considerations of policy. If considerations of policy are of equal weight neither presumption applies. Rule 302. Applicability of federal law in civil actions and proceedings. In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which federal law supplies the rule of decision is determined in accordance with federal law. Page: 4 Job Path: @psc3913/cville_data2/stcodes/wy/rls-supp/qj58065.22 Date: 02/29/16 Time: 11:7:54 0000 49961-27 WY -- PROOF Rule 303 WYOMING COURT RULES 4 Rule 303. Presumptions in criminal cases. (a) Scope. — Except as otherwise provided by statute, in criminal cases, presump- tions 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. (b) Submission to jury. — The court is not authorized to direct the jury to find a presumed fact against the accused. If a presumed fact establishes guilt or is an element of the offense or negatives a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, but only if a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt.
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