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VOTE: 7-0-0
1 - Short Title and Enactment
(1) This Act may be cited as the 'Rules of Evidence Act'
(2) This Act shall be enacted immediately upon its signage. The passage of this act shall in no way affect cases currently in proceedings.
(3) This Act has been authored by Ibney0.
(4) This Act has been sponsored by Dartanboy
2 - Reasons and Scope
(1) The Court requires a rulebook for adjudicating evidentiary disputes.
(2) This act shall apply to all cases where a Court examines a case under their original jurisdiction.
3 - Definitions
(1) "Balance of the Probabilities" shall refer to a standard of evidence by which the party with the burden of proof in a case must prove that they are more likely than not correct.
(2) "Beyond a Reasonable Doubt" shall refer to proof that leaves you firmly convinced that one side is right. It is proof that leaves no other reasonable conclusion other than one side is correct.
(3) "Civil Case" shall refer to any civil action or proceeding.
(4) "Criminal Case" shall refer to any criminal action or proceeding.
(5) "Record" shall refer to any document, memorandum, report, or compilation of data recorded with any agency, player or place.
(6) "Evidence" shall refer to any available body of facts or information indicating whether a belief or proposition is true or valid.
(7) "Offer of Proof" shall refer to any assertion made by an acting counsel on what shall be testified to, produced, or explained in order to give credence to a ruling for or against an objectionable piece of evidence.
(8) "Adjudicative facts" shall refer to any fact which concerns the parties to some dispute and are helpful in determining the proper outcome in the case.
(9) "Judicial Notice" shall refer to the action of a presider giving notice to the court that a fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted.
(10) "Statement" means a person's oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.
(11) "Declarant" means the person who made the statement.
(12) "Hearsay" means a statement that is made outside of the current trial or hearing and is used to show the truth of the matter asserted.
(13) "Player" and "Peace Office" have the same meanings as within the Criminal Code and Procedure Act. Additionally, player may also apply to both sides of a civil action.
4 - Rulings on Evidence
(1) All evidence submitted to a Court during trial must be admissible under this act. If a party believes evidence not admissible, they may object to the admission of the evidence when offered. A Court shall make a ruling on the admissibility of evidence if a party objects.
(2) A party need only raise an objection once and have it definitively read upon the record for it to be preserved for appeal.
(3) The Court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form.
(4) The court shall not consider evidence which has been excluded for the merits of the case.
5 - Preliminary Questions
(1) The Court may decide any preliminary questions regarding the qualifications of a witness, whether the privilege exists, or evidence is admissible. The Court shall decide any issue preliminarily if the law entitles that party to a ruling.
(2) If the relevance of evidence depends on whether a fact exists, proof must be introduced which supports a finding that the fact does exist. An offer of proof shall be sufficient in this manner and opposition may reserve the right to raise objection once more should that offer of proof not be supplied.
(3) A defendant in a criminal case does not become subject to cross-examination should he decide to testify to a preliminary question.
(4) This rule does not limit a party’s right to introduce before the trier of fact evidence that is relevant to the weight or credibility of other evidence.
6 - Remainder of or Related Writings or Recorded Statements
(1) If a written or recorded statement is introduced to the Court, the adverse party may require the introduction at that time of any other written or recorded statement, that the presider believes to be necessary for the fairness of the trial.
7 - Judicial Notice
(1) Judicial Notice is a determination by the presiding judge that a fact is true.
(2) A court may give judicial notice of an adjudicative fact if it is substantially known within the trial Courts jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(3) The court may take judicial notice if it believes it necessary or must take judicial notice if a party requests it and supplies the necessary information.
(4) Judicial notice may be taken at any stage of the proceeding.
(5) On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, upon request, is still entitled to be heard.
8 - Relevant Evidence
(1) Evidence is relevant if it has a tendency to make a fact more or less probable than it would be without the evidence and the fact is a consequence in determining the action.
(2) Evidence is relevant unless these rules, the Constitution of Alexandria, or other rules of the Chancery provided otherwise. Irrelevant evidence is not admissible.
(3) A court may exclude relevant evidence if its probative value is substantially outweighed by unfair prejudice.
(4) Evidence of a player's character or character traits is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
(5) Exception to Section 4 shall be made in the following instances:
(a) A player in a criminal case may offer evidence of the player's pertinent trait, and if admitted, the peace officer may offer evidence to rebut it;
(b) A peace officer may offer evidence of the alleged victim's trait for peacefulness to rebut evidence in a self-defense case that the victim was the first aggressor.
(c) Either party may offer evidence of a witness's credibility and propensity to falsify statements including:
(i) Testimony regarding a witness's character for truthfulness or untruthfulness;
(ii) Evidence of criminal conviction if not expunged. In situations where a pardon has been provided on the grounds of innocence, no such evidence may be introduced to attack the witness's character.
(6) Either party may offer evidence of a player's habit or routine of practice so long as that practice or routine is used to show that on a particular occasion, in a case relevant to the charges brought forth, a player acted in that routine or habit.
9 - Privileges
(1) Recognized Privileges.
(a) A privilege is an entitlement to not testify on certain grounds due to a specific relationship or reason prescribed by law.
(b) The following are the only recognized privileges:
(i) Attorney-Client Privilege - Except in cases where a person's life is at risk and the attorney has information which could lead to the saving of that life which is protected under Attorney-Client Privilege, a person's conversations regarding a legal case are privileged and inadmissible in court;
(ii) Spousal Privilege - A spouse can not be forced to testify in court regarding statements or conduct of their spouse regarding any criminal or civil liability. The spousal relationship must have existed at the time of the conduct at issue within the testimony;
(iii) Physician-Patient Privilege - Except in cases where a person's life is at risk and the physician has information which could lead to the saving of that life which is protected under Physician-Patient Privilege, a person's conversations regarding their medical treatment with their physician are privileged and inadmissible in Court;
(iv) Clergy-Penitent Privilege - Except in cases where a person's life is at risk and the clergymen has information which could lead to the saving of that life which is protected under Clergy-Penitent Privilege, a person's conversations regarding their confession or other such religious observance or counseling by their state-recognized clergymen are privileged and inadmissible in Court.
10 - Witnesses
(1) Every person is competent to be a witness unless a statute, holding of the Chancery, or these rules provide otherwise.
(2) A witness may testify to a matter only if there is sufficient reason to believe that the witness has personal knowledge on the subject. Evidence to prove personal knowledge may consist of the witness' own testimony.
(3) Before testifying, a witness must give an oath or affirmation to testify truthfully under penalty of perjury.
(4) The judicial officer presiding may not testify as a witness at the trial. A party need not object to preserve the issue.
(5) Mode and Order of Examining Witnesses and Presenting Evidence.
(a) The Court shall exercise control over the mode and order of witness examination and the presentation of evidence so as to:
(i) Make procedure effective for determining the truth;
(ii) Avoid wasting time; and
(iii) Protect witnesses from harassment, argumentative questions, or undue embarrassment.
(b) Cross-Examination shall not go beyond the matters brought up on direct examination and matters affecting the witness's credibility. Further inquiry may be allowed on the courts request subsequent to cross-examination.
(c) Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
(i) On cross-examination; and
(ii) When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
(6) Witness Unavailability.
(a) In the event that a party makes a bona-fide attempt to compel a witness to be present at a court hearing, however, is not able to make that witness appear, any evidence obtained through that witness may be presented to the court by the party. The court shall establish further rules regarding this exception.
(7) Writing used to refresh a Witnesses Memory.
(a) Writings or other documents may be used to refresh the memory of a witness during any moment within their testimony and by any party. These writings shall be subject to challenge within these rules.
11 - Opinions and Expert Testimony
(1) Opinion Testimony by Lay Witness.
(a) If a witness is not testifying as an expert, testimony of opinion shall be limited to opinion which is:
(i) Naturally based on the witness's perception;
(ii) Helpful to clearly understanding the witness's testimony or to determine a fact in issue; and
(iii) Not based on scientific, technical, or other specialized knowledge within the scope of this article.
(2) Testimony by Expert Witnesses
(a) A witness who is qualified as an expert by their knowledge, skill, experience, training, or education to that qualification and opinion under such if:
(i) The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(ii) The testimony is based on sufficient facts or data;
(iii) The testimony is the product of reliable principles and methods; and
(iv) The expert has reliably applied the principles and methods to the facts of the case.
(3) Opinion on an Ultimate Issue
(a) General Rule. An opinion is not objectionable simply because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness may not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
12 - Hearsay
(1) Hearsay is generally inadmissible.
(2) A statement that meets the following conditions is not hearsay:
(a) The declarant testifies and is subject to cross-examination about a prior statement and the statement:
(i) Is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding; or
(ii) Is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying or to rehabilitate the declarant's credibility as a witness when attacked on another ground; or
(iii) The statement is offered against an opposing party and: 1) Was made by the party in an individual or representative capacity; 2) Is one the party manifested that it adopted or believed to be true; 3) Was made by a person whom the party authorized to make a statement on the subject; 4) Was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or 5) Was made by the party’s co-conspirators during and in furtherance of the conspiracy.
(3) Hearsay Exceptions - The following are not excluded by the rule against hearsay regardless whether the declarant is available as a witness:
(a) A statement made which describes an event perceived by the declarant made shortly after the event took place. An example would be a declarant describing that someone had just been shot, after he had witnessed a shooting.
(b) A statement made which describes the declarant's state of mind at the time of speaking.
(c) Any record or document made in the normal course of business. Documentation must be sponsored by a person who is privy to this information, and would use it in their regular course of business.
(d) Any record made by a government or public employee. Documentation must be sponsored by a person who is privy to this information, and would use it in their regular course of business.
(e) Any prior inconsistent statements, or prior consistent statements used to refute a prior inconsistent statement used by the opposing party.
(f) Any statement which is reasonably pertinent to a medical diagnosis, symptoms of a medical condition, or the treatment of those symptoms.
(g) Statements pertaining to a pamphlet, journal, or learned treatises if foundation is laid to establish it is reliable and accepted within a scientific, technical, or specialized field of knowledge.
(h) Statements used to help refresh the memory of a witness currently testifying.
(i) Statements from a newspaper or periodical if the authenticity of the statement is not in doubt.
(4) Hearsay Within Hearsay
(a) Hearsay within Hearsay is not excluded so long as both statements conform with an exception to the rule.
13 - Authentication and Identification
(1) Authenticating or Identifying Evidence
(a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
(b) Examples. The following are examples only — not a complete list — of evidence that satisfies the requirement:
(i) Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
(ii) Distinctive Characteristics. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
(iii) Opinion About a Voice. An opinion identifying a person’s voice — whether heard firsthand or through mechanical or electronic transmission or recording — based on hearing the voice at any time under circumstances that connect it with the alleged speaker.
(iv) Evidence that a document was recorded or filed in a public office as authorized by law or a purported public record or statement is from the office where items of this kind are kept.
(v) Evidence About a Process or System. Evidence describing a process or system and showing that it produces an accurate result.
(2) The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
(a) Domestic Public Documents That Are Sealed and Signed. A document that bears:
(i) a seal purporting to be that of the Kingdom of Alexandria; any state, district, commonwealth, territory, or insular possession of the Kingdom of Alexandria; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above and a signature purporting to be an execution or attestation.
(ii)Certified Copies of Public Records. A copy of an official record — or a copy of a document that was recorded or filed in a public office as authorized by law — if the copy is certified as correct by the custodian or another person authorized to make the certification or a certificate that explains the custodial status of the record, a statute, or a rule prescribed by the Chancery.
(iii) Official Publications. A book, pamphlet, or other publication purporting to be issued by a public authority.
(iv) Newspapers and Periodicals. Printed material purporting to be a newspaper or periodical.
(v) Trade Inscriptions. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.
(vi) Commercial Paper and Related Documents. Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.
(vii) Presumptions Under a Statute. A signature, document, or anything else that a statute declares to be presumptively or prima facie genuine or authentic.
(viii) Certified Domestic Records of a Regularly Conducted Activity. The original or a copy of a domestic record, as shown by a certification of the custodian or another qualified person that complies with statute or a rule prescribed by the Chancery. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record — and must make the record and certification available for inspection — so that the party has a fair opportunity to challenge them.
(ix)Certified Records Generated by an Electronic Process or System. A record generated by an electronic process or system that produces an accurate result. The proponent must also give notice of intent to offer such a record.
14 - General Provisions
(1) The Chancery may submit amendments to this act through transmission to the Minister of Justice. The Minister of Justice shall propose the amendment on their behalf, but is not required to give it support. Parliament may accept, modify, or reject the proposal from the Chancery. If parliament modifies the proposal, it must transmit the modification to the Chancery for acceptance, modification, or rejection. This process shall continue until the amendment is accepted or rejected.
(2) Parliament may amend this act as it sees fit, but amendments to this act shall only come into effect if the Chancery accepts the amendments.
15 - Severability
(1) The provisions of this act are severable. Should one part of it be declared unconstitutional, it shall not affect the parts which remain.
A
BILL
TO
Establish Rules of Evidence
In the Kingdom of Alexandria
BILL
TO
Establish Rules of Evidence
In the Kingdom of Alexandria
1 - Short Title and Enactment
(1) This Act may be cited as the 'Rules of Evidence Act'
(2) This Act shall be enacted immediately upon its signage. The passage of this act shall in no way affect cases currently in proceedings.
(3) This Act has been authored by Ibney0.
(4) This Act has been sponsored by Dartanboy
2 - Reasons and Scope
(1) The Court requires a rulebook for adjudicating evidentiary disputes.
(2) This act shall apply to all cases where a Court examines a case under their original jurisdiction.
3 - Definitions
(1) "Balance of the Probabilities" shall refer to a standard of evidence by which the party with the burden of proof in a case must prove that they are more likely than not correct.
(2) "Beyond a Reasonable Doubt" shall refer to proof that leaves you firmly convinced that one side is right. It is proof that leaves no other reasonable conclusion other than one side is correct.
(3) "Civil Case" shall refer to any civil action or proceeding.
(4) "Criminal Case" shall refer to any criminal action or proceeding.
(5) "Record" shall refer to any document, memorandum, report, or compilation of data recorded with any agency, player or place.
(6) "Evidence" shall refer to any available body of facts or information indicating whether a belief or proposition is true or valid.
(7) "Offer of Proof" shall refer to any assertion made by an acting counsel on what shall be testified to, produced, or explained in order to give credence to a ruling for or against an objectionable piece of evidence.
(8) "Adjudicative facts" shall refer to any fact which concerns the parties to some dispute and are helpful in determining the proper outcome in the case.
(9) "Judicial Notice" shall refer to the action of a presider giving notice to the court that a fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted.
(10) "Statement" means a person's oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.
(11) "Declarant" means the person who made the statement.
(12) "Hearsay" means a statement that is made outside of the current trial or hearing and is used to show the truth of the matter asserted.
(13) "Player" and "Peace Office" have the same meanings as within the Criminal Code and Procedure Act. Additionally, player may also apply to both sides of a civil action.
4 - Rulings on Evidence
(1) All evidence submitted to a Court during trial must be admissible under this act. If a party believes evidence not admissible, they may object to the admission of the evidence when offered. A Court shall make a ruling on the admissibility of evidence if a party objects.
(2) A party need only raise an objection once and have it definitively read upon the record for it to be preserved for appeal.
(3) The Court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form.
(4) The court shall not consider evidence which has been excluded for the merits of the case.
5 - Preliminary Questions
(1) The Court may decide any preliminary questions regarding the qualifications of a witness, whether the privilege exists, or evidence is admissible. The Court shall decide any issue preliminarily if the law entitles that party to a ruling.
(2) If the relevance of evidence depends on whether a fact exists, proof must be introduced which supports a finding that the fact does exist. An offer of proof shall be sufficient in this manner and opposition may reserve the right to raise objection once more should that offer of proof not be supplied.
(3) A defendant in a criminal case does not become subject to cross-examination should he decide to testify to a preliminary question.
(4) This rule does not limit a party’s right to introduce before the trier of fact evidence that is relevant to the weight or credibility of other evidence.
6 - Remainder of or Related Writings or Recorded Statements
(1) If a written or recorded statement is introduced to the Court, the adverse party may require the introduction at that time of any other written or recorded statement, that the presider believes to be necessary for the fairness of the trial.
7 - Judicial Notice
(1) Judicial Notice is a determination by the presiding judge that a fact is true.
(2) A court may give judicial notice of an adjudicative fact if it is substantially known within the trial Courts jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
(3) The court may take judicial notice if it believes it necessary or must take judicial notice if a party requests it and supplies the necessary information.
(4) Judicial notice may be taken at any stage of the proceeding.
(5) On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, upon request, is still entitled to be heard.
8 - Relevant Evidence
(1) Evidence is relevant if it has a tendency to make a fact more or less probable than it would be without the evidence and the fact is a consequence in determining the action.
(2) Evidence is relevant unless these rules, the Constitution of Alexandria, or other rules of the Chancery provided otherwise. Irrelevant evidence is not admissible.
(3) A court may exclude relevant evidence if its probative value is substantially outweighed by unfair prejudice.
(4) Evidence of a player's character or character traits is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
(5) Exception to Section 4 shall be made in the following instances:
(a) A player in a criminal case may offer evidence of the player's pertinent trait, and if admitted, the peace officer may offer evidence to rebut it;
(b) A peace officer may offer evidence of the alleged victim's trait for peacefulness to rebut evidence in a self-defense case that the victim was the first aggressor.
(c) Either party may offer evidence of a witness's credibility and propensity to falsify statements including:
(i) Testimony regarding a witness's character for truthfulness or untruthfulness;
(ii) Evidence of criminal conviction if not expunged. In situations where a pardon has been provided on the grounds of innocence, no such evidence may be introduced to attack the witness's character.
(6) Either party may offer evidence of a player's habit or routine of practice so long as that practice or routine is used to show that on a particular occasion, in a case relevant to the charges brought forth, a player acted in that routine or habit.
9 - Privileges
(1) Recognized Privileges.
(a) A privilege is an entitlement to not testify on certain grounds due to a specific relationship or reason prescribed by law.
(b) The following are the only recognized privileges:
(i) Attorney-Client Privilege - Except in cases where a person's life is at risk and the attorney has information which could lead to the saving of that life which is protected under Attorney-Client Privilege, a person's conversations regarding a legal case are privileged and inadmissible in court;
(ii) Spousal Privilege - A spouse can not be forced to testify in court regarding statements or conduct of their spouse regarding any criminal or civil liability. The spousal relationship must have existed at the time of the conduct at issue within the testimony;
(iii) Physician-Patient Privilege - Except in cases where a person's life is at risk and the physician has information which could lead to the saving of that life which is protected under Physician-Patient Privilege, a person's conversations regarding their medical treatment with their physician are privileged and inadmissible in Court;
(iv) Clergy-Penitent Privilege - Except in cases where a person's life is at risk and the clergymen has information which could lead to the saving of that life which is protected under Clergy-Penitent Privilege, a person's conversations regarding their confession or other such religious observance or counseling by their state-recognized clergymen are privileged and inadmissible in Court.
10 - Witnesses
(1) Every person is competent to be a witness unless a statute, holding of the Chancery, or these rules provide otherwise.
(2) A witness may testify to a matter only if there is sufficient reason to believe that the witness has personal knowledge on the subject. Evidence to prove personal knowledge may consist of the witness' own testimony.
(3) Before testifying, a witness must give an oath or affirmation to testify truthfully under penalty of perjury.
(4) The judicial officer presiding may not testify as a witness at the trial. A party need not object to preserve the issue.
(5) Mode and Order of Examining Witnesses and Presenting Evidence.
(a) The Court shall exercise control over the mode and order of witness examination and the presentation of evidence so as to:
(i) Make procedure effective for determining the truth;
(ii) Avoid wasting time; and
(iii) Protect witnesses from harassment, argumentative questions, or undue embarrassment.
(b) Cross-Examination shall not go beyond the matters brought up on direct examination and matters affecting the witness's credibility. Further inquiry may be allowed on the courts request subsequent to cross-examination.
(c) Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
(i) On cross-examination; and
(ii) When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
(6) Witness Unavailability.
(a) In the event that a party makes a bona-fide attempt to compel a witness to be present at a court hearing, however, is not able to make that witness appear, any evidence obtained through that witness may be presented to the court by the party. The court shall establish further rules regarding this exception.
(7) Writing used to refresh a Witnesses Memory.
(a) Writings or other documents may be used to refresh the memory of a witness during any moment within their testimony and by any party. These writings shall be subject to challenge within these rules.
11 - Opinions and Expert Testimony
(1) Opinion Testimony by Lay Witness.
(a) If a witness is not testifying as an expert, testimony of opinion shall be limited to opinion which is:
(i) Naturally based on the witness's perception;
(ii) Helpful to clearly understanding the witness's testimony or to determine a fact in issue; and
(iii) Not based on scientific, technical, or other specialized knowledge within the scope of this article.
(2) Testimony by Expert Witnesses
(a) A witness who is qualified as an expert by their knowledge, skill, experience, training, or education to that qualification and opinion under such if:
(i) The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(ii) The testimony is based on sufficient facts or data;
(iii) The testimony is the product of reliable principles and methods; and
(iv) The expert has reliably applied the principles and methods to the facts of the case.
(3) Opinion on an Ultimate Issue
(a) General Rule. An opinion is not objectionable simply because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness may not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
12 - Hearsay
(1) Hearsay is generally inadmissible.
(2) A statement that meets the following conditions is not hearsay:
(a) The declarant testifies and is subject to cross-examination about a prior statement and the statement:
(i) Is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding; or
(ii) Is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying or to rehabilitate the declarant's credibility as a witness when attacked on another ground; or
(iii) The statement is offered against an opposing party and: 1) Was made by the party in an individual or representative capacity; 2) Is one the party manifested that it adopted or believed to be true; 3) Was made by a person whom the party authorized to make a statement on the subject; 4) Was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or 5) Was made by the party’s co-conspirators during and in furtherance of the conspiracy.
(3) Hearsay Exceptions - The following are not excluded by the rule against hearsay regardless whether the declarant is available as a witness:
(a) A statement made which describes an event perceived by the declarant made shortly after the event took place. An example would be a declarant describing that someone had just been shot, after he had witnessed a shooting.
(b) A statement made which describes the declarant's state of mind at the time of speaking.
(c) Any record or document made in the normal course of business. Documentation must be sponsored by a person who is privy to this information, and would use it in their regular course of business.
(d) Any record made by a government or public employee. Documentation must be sponsored by a person who is privy to this information, and would use it in their regular course of business.
(e) Any prior inconsistent statements, or prior consistent statements used to refute a prior inconsistent statement used by the opposing party.
(f) Any statement which is reasonably pertinent to a medical diagnosis, symptoms of a medical condition, or the treatment of those symptoms.
(g) Statements pertaining to a pamphlet, journal, or learned treatises if foundation is laid to establish it is reliable and accepted within a scientific, technical, or specialized field of knowledge.
(h) Statements used to help refresh the memory of a witness currently testifying.
(i) Statements from a newspaper or periodical if the authenticity of the statement is not in doubt.
(4) Hearsay Within Hearsay
(a) Hearsay within Hearsay is not excluded so long as both statements conform with an exception to the rule.
13 - Authentication and Identification
(1) Authenticating or Identifying Evidence
(a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
(b) Examples. The following are examples only — not a complete list — of evidence that satisfies the requirement:
(i) Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
(ii) Distinctive Characteristics. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
(iii) Opinion About a Voice. An opinion identifying a person’s voice — whether heard firsthand or through mechanical or electronic transmission or recording — based on hearing the voice at any time under circumstances that connect it with the alleged speaker.
(iv) Evidence that a document was recorded or filed in a public office as authorized by law or a purported public record or statement is from the office where items of this kind are kept.
(v) Evidence About a Process or System. Evidence describing a process or system and showing that it produces an accurate result.
(2) The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
(a) Domestic Public Documents That Are Sealed and Signed. A document that bears:
(i) a seal purporting to be that of the Kingdom of Alexandria; any state, district, commonwealth, territory, or insular possession of the Kingdom of Alexandria; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above and a signature purporting to be an execution or attestation.
(ii)Certified Copies of Public Records. A copy of an official record — or a copy of a document that was recorded or filed in a public office as authorized by law — if the copy is certified as correct by the custodian or another person authorized to make the certification or a certificate that explains the custodial status of the record, a statute, or a rule prescribed by the Chancery.
(iii) Official Publications. A book, pamphlet, or other publication purporting to be issued by a public authority.
(iv) Newspapers and Periodicals. Printed material purporting to be a newspaper or periodical.
(v) Trade Inscriptions. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.
(vi) Commercial Paper and Related Documents. Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.
(vii) Presumptions Under a Statute. A signature, document, or anything else that a statute declares to be presumptively or prima facie genuine or authentic.
(viii) Certified Domestic Records of a Regularly Conducted Activity. The original or a copy of a domestic record, as shown by a certification of the custodian or another qualified person that complies with statute or a rule prescribed by the Chancery. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record — and must make the record and certification available for inspection — so that the party has a fair opportunity to challenge them.
(ix)Certified Records Generated by an Electronic Process or System. A record generated by an electronic process or system that produces an accurate result. The proponent must also give notice of intent to offer such a record.
14 - General Provisions
(1) The Chancery may submit amendments to this act through transmission to the Minister of Justice. The Minister of Justice shall propose the amendment on their behalf, but is not required to give it support. Parliament may accept, modify, or reject the proposal from the Chancery. If parliament modifies the proposal, it must transmit the modification to the Chancery for acceptance, modification, or rejection. This process shall continue until the amendment is accepted or rejected.
(2) Parliament may amend this act as it sees fit, but amendments to this act shall only come into effect if the Chancery accepts the amendments.
15 - Severability
(1) The provisions of this act are severable. Should one part of it be declared unconstitutional, it shall not affect the parts which remain.
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