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Absentee-Shawnee Tribe of Indians of Oklahoma

Evidence
Chapter Four. Relevancy and Its Limits

Section 401. Definition of “Relevant Evidence”

Section 402. Relevant Evidence Generally Admissible Irrelevant Evidence Inadmissible

Section 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

Section 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

Section 405. Methods of Proving Character

Section 406. Habit; Routine Practice

Section 407. Subsequent Remedial Measures

Section 408. Compromise and Offers to Compromise

Section 409. Payment of Medical and Similar Expenses

Section 410. Inadmissibility of Pleas, Offers of Pleas, and Related Statements

Section 411. Liability Insurance

AST EVIDENCE Code Section 401
Section 401. Definition of “Relevant Evidence”

“Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

Absentee Shawnee Evidence Code Section 401, AST EVIDENCE Code Section 401

 

 

 




AST EVIDENCE Code Section 402
Section 402. Relevant Evidence Generally Admissible Irrelevant Evidence Inadmissible

All relevant evidence is admissible, except as otherwise provided by the Constitution of the Tribe, by Act or Ordinance of the Executive Committee of the Tribe, by this Title, or by other rules prescribed by the Supreme Court of the Tribe pursuant to statutory authority. Evidence which is not relevant is not admissible.

Absentee Shawnee Evidence Code Section 402, AST EVIDENCE Code Section 402

 

 

 




AST EVIDENCE Code Section 403
Section 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

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, or if it is inadmissible pursuant to some section of this Title.

Absentee Shawnee Evidence Code Section 403, AST EVIDENCE Code Section 403

 

 

 




AST EVIDENCE Code Section 404
Section 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

(a) Character evidence generally. Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except;

(1) Character of accused. Evidence of a pertinent tait of his character offered by an accused, or after the accused has offered such character evidence;

(2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same after the accused has offered such character evidence, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;

(3) Character of witness. Evidence of the character of a witness, as provided in Sections 607, 608, and 609 of this Title.

(4) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Absentee Shawnee Evidence Code Section 404, AST EVIDENCE Code Section 404

 

 

 




AST EVIDENCE Code Section 405
Section 405. Methods of Proving Character

(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

(b) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of his conduct.

Absentee Shawnee Evidence Code Section 405, AST EVIDENCE Code Section 405

 

 

 




AST EVIDENCE Code Section 406
Section 406. Habit; Routine Practice

Evidence of the habit of an person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

Absentee Shawnee Evidence Code Section 406, AST EVIDENCE Code Section 406

 

 

 




AST EVIDENCE Code Section 407
Section 407. Subsequent Remedial Measures

When after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event, in order to encourage additional safety measures to be taken for the protection of the public whether or not the previous measures were sufficient to prevent a finding of negligent or culpable conduct. this section does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.

Absentee Shawnee Evidence Code Section 407, AST EVIDENCE Code Section 407

 

 

 




AST EVIDENCE Code Section 408
Section 408. Compromise and Offers to Compromise

In order to encourage the non-judicial settlement of disputes, evidence of:

(a) furnishing or offering or promising to furnish, or

(b) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. this section does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. this section also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Absentee Shawnee Evidence Code Section 408, AST EVIDENCE Code Section 408

 

 

 




AST EVIDENCE Code Section 409
Section 409. Payment of Medical and Similar Expenses

In order to encourage non-judicial settlement of disputes and to encourage persons to assist one another for their joint benefit, evidence of furnishing or offering or promising to pay, or the payment of medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury. Evidence of payment of such charges may be introduced by the person making such payment for the purpose of reducing a judgment for damages.

Absentee Shawnee Evidence Code Section 409, AST EVIDENCE Code Section 409

 

 

 




AST EVIDENCE Code Section 410
Section 410. Inadmissibility of Pleas, Offers of Pleas, and Related Statements

(a) Except as otherwise provided in this section, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of any offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, a plea of nolo contendere, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.

(b) A plea of guilty which has not been withdrawn, and statements made in connection therewith are admissible if relevant in any criminal or civil proceeding.

Absentee Shawnee Evidence Code Section 410, AST EVIDENCE Code Section 410

 

 

 




AST EVIDENCE Code Section 411
Section 411. Liability Insurance

(a) Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This section does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.

(b) In the sound discretion of the Tribal District Court, and subject to any exclusionary rule promulgated by Supreme Court of the Tribe, evidence that a person was or was not insured against liability and the limits of coverage and other relevant factors is admissible in a bifurcated jury or judge trial sounding in tort, or otherwise, in the second phase of the trial upon the issue of the amount of actual and consequential damages to be awarded, after liability has been determined in the first phase of the trial, as provided in the Civil Procedure Act.

Absentee Shawnee Evidence Code Section 411, AST EVIDENCE Code Section 411

 

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