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REVIEW~

Competent Witness? - No Witness cannot testify

Yes

Authenticate Evidence? - No Jury never sees the evidence

YesEvidence is Relevant? - No Why did you waste the courts time?

Yes

Evidence is Hearsay? Must be assertion. - No Trier of Fact hears the evidence

Yes

A Hearsay Exception Exists? No Trier of Fact does not hear the evidence

Yes

Trier of Fact hears the evidence except

Is this a Criminal Case? No Trier of Fact hears the evidence

Yes

Is the Hearsay Testimonial? No Trier of Fact hears the evidence

Yes YesCrawford- because a reasonable person Davis - because the police had entered thewould think the statement would be investigative stage

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 ofFact hears the evidence.

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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.

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