Evidence Rule Attack Plan

Evidence questions reward sequence. If you jump straight to hearsay, you may miss relevance, authentication, privilege, or a non-hearsay purpose.

Step 1: Identify the item and purpose

Name the evidence: testimony, document, photo, recording, physical object, or expert opinion. Then ask why the proponent wants it admitted. The same sentence can be hearsay for one purpose and non-hearsay for another.

Step 2: Relevance

Ask whether the evidence makes a fact of consequence more or less probable. Relevance is a low threshold, but it does not end the analysis. Consider unfair prejudice, confusion, delay, cumulative evidence, or misleading the jury.

Step 3: Reliability screens

For documents and objects, ask authentication. For witnesses, ask competence and personal knowledge. For experts, ask whether specialized knowledge will help and whether the method is reliable enough.

Step 4: Hearsay

Find the declarant, statement, and purpose. If offered for truth, look for exclusions or exceptions. If offered for effect on listener, notice, state of mind, or verbal act, explain why truth is not the point.

Step 5: Privilege and policy

Even useful evidence may be excluded to protect relationships or legal values. Keep the analysis organized and state the strongest objection before the response.