New Hampshire Jury Instructions - Defendant's Failure to Testify
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FAQ
Relevance. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.
401. Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?.
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes | New Hampshire Judicial Branch.
Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.
Emotionalism is fair if it's part of the case, and unfair if it is outside the facts of the case. For example, evidence of child abuse is always emotional, but whether it is unfairly emotional depends on the case. If the defendant is charged with child abuse, the emotional impact is an inherent part of the trial.
