Out-of-state Attorneys' Examination Tabs For Maryland Rules Of Evidence

5-101:Evidentary rules apply

5-201:Judicial notice – see cjp 10-105, 10-201, 12-504

5-403:admission of prior bad acts – requires balancing and factual basis. See 10-919

5-404:Character evidence not admissible, but s/t exceptions in 5-609 (MIMIC/infamous)rule

5-510:nolo pleas not admis

5-5xx:priv. CJP 9105(Marital); 9-108 (Atty), 9-109 (therapist – seeCJP 5609 immun) 9-110 (civ. CPA), 9-111(clergy)

5-601:competence. CJP 9104(no perjurers)

5-607:party can impeach own witness

5-609:Priors. R. 5-608 (character -15 yrs); 803(8)(records); CJP 10-204 (copies),

5-609:Priors2: 10-905 (infamous crimestreason/perjury/forgery and felonies – not assault see p. 506 of CJP) –still hearsay.

5-612:Refreshment documents used to actually refresh memory subject to inspection (but merely looking at it does not)

5-613:prior statements: witness must be given a chance to rebut. Four prongs. Can't be used as impeachment-only into

6-616:Impeachment – own witness can be impeached

5-702:expert testimony see 4-402(e)(1) discovery of. CJP 10-916 (battered spouse) 10-915 (DNA), 10911 noise meters. R. 2-504.3

5-801:Hearsay – see CJP 10-204, 10-201 for records exceptions

5-802.1:prior statements (d) is sexual assault and is past recollection recorded

5-803(b):treatises read into the record, but not admitted/government pubs. -must be mandate. Cops reports neither.

5-803:business records see CJP for shortcuts in DCT

5-803(b)(4):statements to doc must be for purpose of diag.

5-803(b)(6):cop reports (not business records or government reports). Might be unavailable declarents under 804(a). Certified

5-804:unavailable declarant – cop repots might come in See CJP 10-901 hearsay foreiture

5-902(a)(11):Selfauthenticating documents must be made under oath and state where they were made

5-1002:Copies – can be used unless original destroyed in bad faith. See 1003,1004, CJP 10-103(b)

9-105:Martial Priv. (doesn't include statements destructive to marriage) & 9-106 (spouse priv. In crim only), but does protect if no

9-106:spousal priv. In crim. Case only

9-107:5th Amend Priv

9-108:Atty-client priv

9-109:therapist priv; see also CJP 5-609 therapist immunity. Waived if MS an issue.

9-110:Civil accountant priv.

9-111:clergy priv.

9-116:dead man's statute – opposing party can't testify to what dead guy did

10-303:breath tests-can't be done by arresting trooper

10-105:Chemist report – 5 day notice – 10-1001 chain of custody

10-104:Shortcut to admission of medical records in district court. See 10-105 and 3-510

10-204:public records admissible

10-304:20-day notice to demand or suboena toxicologist or medical person

10-405:Illegal wiretaps – illegally obtained evidence illegal

10-906:witnessed documents

10-915:DNA profiles

10-916:battered spouse

10-918:negotiable instruments

10-919:prior killing

10-920:med. Mal apologies. Statement aginst interest

10-1001:admission of chemists statements

12-504:notice of foreign law (can be in pleadings) – see 5-201