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Introduction
Rules of evidence are regulations that govern collection, presentation, and application of evidences for different cases. There are different rules governing collection, presentation and application of evidence in different states in the United States and different countries globally. Though United States is a single country with sole central government, its states govern evidence with different rules in their respective courts, for instance, rules of evidence in Indiana.
These rules govern courts proceedings in the state of Indiana only. Rules of evidence are applicable in all court proceedings in Indiana with respect to the constitution of the United States and Indiana in conjunction with evidence rules that were promulgated by the Supreme Court of Indiana. Furthermore, in case these rules do not cover certain issues of evidence, statutory or common law is therefore applied. Generally, Indiana State has codified rules of evidence that are applicable at all cases, proceedings and action stages. This paper highlights the codified rules of evidence in Indiana.
Essay Body
Indiana State has codified rules of evidence governing all proceedings in courts within the state. The rules are in line with the constitution of the entire country, United States and constitution of the state itself in conjunction with statutory and common law. Rules of evidence in Indiana took effect from January 1, 1994, and were further divided into different sections with regards to the amendments that were made on each article.
In Indiana, rules of evidence are divided into articles that are from article I to article XI. Moreover, these articles are further subdivided into different coded rules, and each focuses on different aspect of evidence during court proceedings. Additionally, the rules have different codes that are used to identify them during court proceedings for clarification and tackling of different cases, actions and proceedings in courts in Indiana (McCarthy, 2010).
Indiana’s rules of evidence are further sub divided into different sections, but with codes, for instance, article I. the article is subdivided into rule 101 highlighting the scope of the rules, rule 102 highlighting construction and purposes of the rules, rule 103 highlighting rulings that can be made on evidence, rule 104 highlighting preliminary questions, rule 105 highlighting the limited admissibility of the rules and rule 106 that addresses recorded statements or related writings. Furthermore, article II comprises of rule 201 highlighting judicial notice, and article III comprises of rule 301, which highlights civil proceedings and actions presumptions (McCarthy, 2010).
Moreover, article IV comprises of several rules such as rule 401, which highlights relevant evidence definitions, rule 402, which highlights admissibility of general evidence and inadmissibility of irrelevant evidence, rule 403 highlights relevant evidence exclusion on undue delay, confusion or prejudice grounds and rule 404 highlights inadmissible character evidence to prove exceptions, conduct and other crimes.
Furthermore, rule 405 highlights character proving methods, rule 406 highlights routine and habit practice, rule 407 highlights subsequent remedies measures, rule 408 highlights offers to compromise and compromise, rule 409 highlights medical payments and related expenses, rule 410 highlights withdrawn offers and pleas, rule 411 highlights insurance liability, rule 412 highlights sexual past conduct evidence and rule 413 highlights medical expenses. On the other hand, article V comprises of rule 501 only, which highlights privileges (Tchamy, 2004).
Article VI comprises of rule 601, which highlights general competency rule, rule 602 that highlights personal knowledge, rule 603 that highlights affirmation or oath, rule 604 that highlights interpreters, rule 605 that highlights judges competencies as witnesses, rule 606 that highlights jurors competencies as witnesses, rule 607 that highlights impeachment authorization, rule 608 that highlights witness’ conduct and character of evidence, rule 609 that highlights crime conviction evidence impeachment, rule 610 that highlights religious opinions and beliefs, rule 611 that highlights presentations and interrogations order and modes, rule 612 that highlights object and writing memory refreshment, rule 613 that highlights witnesses prior statements, rule 614 that highlights jury and court interrogation and calling of witnesses, rule 615 that highlights witnesses separation and rule 616 that highlights witnesses biasness among other rules under other articles such as article VII, VIII, IX, X and XI. Each rule has a unique code and addresses different aspects of evidence in courts in Indiana (Tchamy, 2004).
Conclusion
Generally, Indiana rules of evidence are coded and divided into different articles that are article I, II, III, IV, V, VI, VII, VIII, IX, X and XI. These articles addresses different areas, for instance, article I addresses general provisions, article II addresses judicial notice, article III addresses presumptions in proceedings and civil actions, article IV addresses relevancy and limits, article v addresses privileges, article VI addresses Witnesses, article VII addresses expert testimonies and opinions, article VIII addresses hearsay, article IX addresses identification and authentication, article X addresses photographs, records and writing contents and article XI addresses miscellaneous rules. It is therefore evident that Indiana rules of evidence are codified.
References
McCarthy, T. (2010). State Rules of evidence: Indiana. US Journal of law, 346, 603-1296.
Tchamy, B. (2012) Indiana rules of court: Rules of evidence. Web.
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