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The Judge's Factfinding Rule (In Jury Trials)

Evidence at Trial

A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” Examples of preliminary facts include the qualification of a witness, the existence of a privilege, and the admission of evidence. Merrell Dow Pharmaceuticals, Inc. , ” Cal.

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. Merrell Dow Pharmaceuticals, Inc. But since the 2000 amendment, some courts have ignored Rule 702's requirements and read into the rule a presumption of admissibility. 579, 589 (1993).