The Arkansas Rules of Evidence govern the presenation of evidence in proceedings in Arkansas courts.
Generally, these rules apply to all actions and proceedings in the courts of this State. However, the rules (other than those with respect to privileges) do not apply in the following situations:
- During determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court.
- Proceedings before grand juries.
- During miscellaneous Proceedings such as for extradition or rendition; detention hearing in criminal cases; sentencing, granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
- During contempt proceedings in which the court may act summarily.
The Arkansas Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay. In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.
Table of Contents of Arkansas Rules of Evidence.
ARTICLE I. GENERAL PROVISIONS 6
Rule 101. Scope
Rule 102. Purpose and construction
Rule 103. Rulings on evidence
Rule 104. Preliminary questions
Rule 105. Limited admissibility
Rule 106. Remainder of or related writings or recorded statements
ARTICLE II. JUDICIAL NOTICE 1
Rule 201. Judicial notice of adjudicative facts
ARTICLE III. PRESUMPTIONS 3
Rule 301. Presumptions in general in civil actions and proceedings
Rule 302. Applicability of federal law in civil actions and proceedings
Rule 303. Presumptions in criminal cases
ARTICLE IV. RELEVANCY AND ITS LIMITS 10
Rule 401. Definition of “relevant evidence”
Rule 402. Relevant evidence generally admissible – Irrelevant evidence inadmissible
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
Rule 404. Character evidence not admissible to prove conduct, exceptions – Other crimes
Rule 405. Methods of proving character
Rule 406. Habit – Routine practice
Rule 407. Subsequent remedial measures
Rule 408. Compromise and offers to compromise
Rule 409. Payment of medical and similar expenses
Rule 410. Pleas and offers
ARTICLE V. PRIVILEGES 12
Rule 501. Privileges recognized only as provided
Rule 502. Lawyer-client privilege
Rule 503. Physician and psychotherapist-patient privilege
Rule 504. Husband-wife privilege
Rule 505. Religious privilege
Rule 506. Political vote
Rule 507. Trade secrets
Rule 508. Secrets of state and other official information – Governmental privileges
Rule 509. Identity of informer
Rule 510. Waiver of privilege by voluntary disclosure
Rule 511. Privileged matter disclosed under compulsion or without opportunity to claim privilege
Rule 512. Comment upon or inference from claim of privilege – Instruction
ARTICLE VI. WITNESSES 16
Rule 601. General rule of competency
Rule 602. Lack of personal knowledge
Rule 603. Oath or affirmation
Rule 604. Interpreters
Rule 605. Competency of judge as witness
Rule 606. Competency of juror as witness
Rule 607. Who may impeach
Rule 608. Evidence of character and conduct of witness
Rule 609. Impeachment by evidence of conviction of crime
Rule 610. Religious beliefs or opinions
Rule 611. Mode and order of interrogation and presentation
Rule 612. Writing or object used to refresh memory
Rule 613. Prior statements of witness
Rule 614. Calling and interrogation of witnesses by court
Rule 615. Exclusion of witnesses
Rule 616. Right of victim to be present at hearing
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 6
Rule 701. Opinion testimony by lay witnesses
Rule 702. Testimony by experts
Rule 703. Basis of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court appointed experts
ARTICLE VIII. HEARSAY 6
Rule 801. Definitions
Rule 802. Hearsay rule
Rule 803. Hearsay exceptions – Availability of declarant immaterial
Rule 804. Hearsay exceptions – Declarant unavailable
Rule 805. Hearsay within hearsay
Rule 806. Attacking and supporting credibility of declarant
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 3
Rule 901. Requirement of authentication or identifcation [identification]
Rule 902. Self-authentication
Rule 903. Subscribing witness’ testimony unnecessary
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 9
Rule 1001. Definitions
Rule 1002. Requirement of original
Rule 1003. Admissibility of duplicates
Rule 1004. Admissibility of other evidence of contents
Rule 1005. Public records
Rule 1006. Summaries
Rule 1007. Testimony or written admission of party
Rule 1008. Functions of court and jury
Rule 1009. Translation of foreign-language documents and recordings
ARTICLE XI. MISCELLANEOUS RULES 3
Rule 1101. Rules applicable
Rule 1102. Title
Rule idx