Is the evidence an admissible duplicate under 1003? Evidence Admissibility Flowchart YES Is the evidence relevant under FRE 401 (tends to make existence of a consequential fact more or less probable)? Inadmissible YES YES NO NO YES Inadmissible Is it a writing (including ESI under 101(b)(6), recording, or photograph? Can it be authenticated by extrinsic evidence, such as testimony, under 901 or 903? Is it subject to exclusion under any of the following? 404 (Character) 406 (Routine/Habit) 407 (Subsequent remedial meas.) Settlement/Plea negotiations (408/410) 409 (3rd party med. bill payment) Liability insurance (411) Anything in Const., fed. statute, or SCOTUS? Inadmissible NO YES NO YES Inadmissible Is the evidence self authenticating under 901(1)-(14)? Is declarant unavailable under 804(a), and if so, is the statement allowed under 804(b)? NO Is it hearsay under 801? YES NO YES NO Is its probative value substantially outweighed by risks outlined in 403? Admissible NO YES Likely Inadmissible YES NO Is it within a hearsay exception under 801, 803, or 807?
