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This is the third time I have submitted the same question. The answer should be based on the link provided, or on the attached photos.
This is the third time I have submitted the same question. The answer should be based on the link provided, or on the attached photos. It is based on Puerto Rican jurisprudence and not on American jurisprudence.
"Puerto Rico Rules of Evidence\" of 2008, as amended REFERENCE TEST RULE 801. DEFINITIONS. (32 LPRA Ap VI, R. 801) The following definitions relating to reference tests are adopted: (a) Declaration. {1) Is an oral or written assertion, or {2) unspoken behavior of the person, if it is intended to be taken as an assertion. (b) Declarant. Itis the person who makes a statement. (c) Reference test. Itis a declaration that is not the one that the declaring perscn makes in the judgment or view, which is offered in evidence to prove the truth of what is asserted. RULE 802. PRIOR STATEMENTS. (32 LPRA Ap VI, R. 802) Notwithstanding the provisions of Rule 801, a prior statement will not be considered relevant evidence if the declarant testifies at the trial or heaning subject to cross-examination in relation to the prior statement and the prior statement would have been admissible if made by the declarant. at the trial or hearing, and: (a) Is inconsistent with the testimony given at the trial or hearing and was given under oath and subject to perjury; (b) is consistent with testimony given at the trial or hearing and is presented for the purpose of rebutting an express or implied allegation against the deponent of recent fabrication, improper influence or motivation, or { ) identifies one party or ancther person who participated in a crime or cther event, was made at the time when the cfime or event was fresh in the memory of the witness and is offered after the witness has testified that he or she made the identification and that it reflected faithfully his opinicn at that time. RULE 803. ADMISSIONS. (32 LPRA Ap VI, R. 803) Do not comply with the provisions of Rule 801, an admission will not be considered reference evidence if it is offered against a party and is: (a} A statement made by the party itself, whether in its personal capacity or in its representative capacity; (b) a statement that such party, having knowledge of its contents, has adopted as his or her own orally or by conduct or has expressed a belief in its truth; {C} a statement made by a person authorized by that party to make statements about the subject matter of the statement; [d} a statement by a parson agent or employee of such party, which relates to a matter within the scope of the agency or employment, and which was made during the term of the relationship, or (e ) a statement by a person who acted as a conspirator of the party made in the course of the conspiracy and to achieve its objective. The content of the statement will be taken into consideration, but will not be sufficient by itself to establish the authority of the declarant under subsection {c) of this rule, nor the agency or employment relationship and its scope under subsection (d}. ) of this rule, nor the existence of the conspiracy and the participation in it of the declaring person and the party against whom the declaration is offered under subsection (e} of this rule. RULE 804. \"REFERENCE EVIDENCE RULE" (32 LPRA Ap VI, R, 804) Unless ctherwise provided by law, no reference evidence will be admissible except in accordance with the provisions of this chapter. This rule will be called the "baseline test rule.\" RULE 805. EXCEPTIONS TO THE REFERENCE TEST RULE EVEN IF THE DECLARING PERSON IS AVAILABLE AS A WITNESS. (32 LPRA Ap Vi, R. 805) Even if the deponent is available as a witness, a statement will not be subject to the general rule of exclusion of reference evidence in the following circumstances: (a) Statements contemporaneous with the perception. A statement that narrates, describes or explains an act, condition or event perceived by the declarant and that has been made while the declaring person perceived said act, condition or event, or made immediately after. {b) Spontaneous statements due to excitement. A statement made while the person declarant was under the stress of arousal caused by the perception of an act, event or condition if the statement refers to such act, event or condition. {c) Mental, physical or emotional condition. A declaration regarding the then existing state mental, emotional, or physical sensation of the reporting person {such as a statement about intention, plan, motive, design, mental or emotional feeling, pain or bodily health), except that it is a statement about memory or belief to prove the fact remembered or believed, unless it relates to the execution, revocation, identification or terms of the wiill of the declaring person. (d) Statements for purposes of medical diagnosis or treatment. Statements made for medical diagnosis or treatment purposes and describing medical history or symptoms, past or present pain or sensations, or the origin or general nature of the cause or source external of these, to the extent that they are reasonably relevant to the diagnosis or treatment. treatment. {e) Written from past memory. A writing or record relating to some matter of which a The witness once had full knowledge, but does not currently remember enough to be able to testify about it fully and accurately, if it has been demonstrated that said writing or record was done or adopted by the witness when the matter was still fresh in his memory and reflects correctly their knowledge on this matter. If admitted, the writing or record can be read or heard as evidence, but it will not be received as exhibit unless offered by the opposing party. {f) Records of activities carried out regularly. A writing, report, record, memorandum or compilation of data - in any form - relating to acts, events, conditions, opinions or diagnoses that have been prepared at or about the time in which they arise, by a person who has knowledge of such matters, or through information transmitted by him, if such records were made in the course of a business activity regularly carried out, and whether the preparation of said writing, report, record, memorandum or compilation of data was made in the regular course of such business activity, as demonstrated by the testimony of its custodian or some other qualified witness, or as demonstrated by a certification that complies with the provisions of Rule 902 (k) or some other statute permitting such certification, unless the source of information, the method or the circumstances of its preparation inspire unreliability. The term "business\RULE 805. EXCEPTIONS TO THE REFERENCE TEST RULE EVEN IF THE DECLARING PERSON IS AVAILABLE AS A WITNESS. (32 LPRA Ap V1, R. 805) Even if the deponent is available as a witness, a statement will not be subject to the general rule of exclusion of reference evidence in the following circumstances: {a) Statements contemporaneous with the perception. A statement that narrates, describes or explains an act, condition or event perceived by the declarant and that has been made while the declaring person perceived said act, condition or event, or made immediately after. (b) Spontaneous statements due to excitement. A statement made while the person declarant was under the stress of arousal caused by the perception of an act, event or condition if the statement refers to such act, event or condition. {c) Mental, physlical or emotional condition. A declaration regarding the then existing state mental, emotional, or physical sensation of the reporting person {such as a statement about intention, plan, motive, design, mental or emotional feeling, pain or bodily health), except that it is a statement about memory or belief to prove the fact remembered or believed, unless it relates to the execution, revocation, identification or terms of the will of the declaring person. {d) Statements for purposes of medical diagnosis or treatment. Statements made for medical diagnosis ar freatment purposes and describing medical history or symptoms, past or present pain or sensations, or the origin or general nature of the cause or source external of these, to the extent that they are reasonably relevant to the diagnosis or treatment. treatment. {e) Written from past memory. A writing or record relating to some matter cf which a The witness once had full knowledge, but does not cumrently remember enough to be able to testify about it fully and accurately, if it has been demonstrated that said writing or record was done or adopted by the witness when the matter was still fresh in his memory and reflects correclly their knowledge on this matter. If admitted, the writing or record can be read or heard as evidence, but it will not be received as exhibit unless offered by the opposing party. {f) Records of actlvitles carried out regularly. A writing, report, record, memorandum or compilation of data - in any form - relating to acts, events, conditions, opinions or diagnoses that have been prepared at or about the time in which they arise, by a person who has knowledge of such matters, or through information trensmitted by him, if such records were made in the course of a business activity regularly carried out, and whether the preparation of said writing, report, record, memorandum or compilation of data was made in the regular course of such business activity, as demonstrated by the testimony of its custodian or some other qualified witness, or as demonstrated by a certification that complies with the provisions of Rule 802 (k) or some other statute permitting such certification, unless the source of information, the method or the circumstances of its preparation inspire unreliability. The term "business\(g) Absence of entries in the records kept In accordance with the provisions of subsection (f) of this rule. - Evidence that a matter was not included in the writings, reports, records, memoranda or data compilations In any format, prepared in accordance with the provisions of subsection (f) of this rule, to prove that said matter did not occur or did not exist . If the matter is of a type that requires entries in writings, reports, records, memoranda or compilations of data to be regularly kept and preserved, unless the sources of 61 information or other circumstances inspire unreliability. (h) Records and public reports. - Any form of records, reports, statements or compilations of data from government offices or agencies that describe: (1) The activities carried out in said office or agency: (2) matters observed pursuant to the statutory duty to report such matters, excluding, however. in criminal cases, any matters observed by police officers and other law enforcement personnel, or (3) in cases or proceedings civil and in criminal cases against the government, determinations of fact arising from an investigation conducted in accordance with the authority conferred by law. The report will be excluded when the sources of information or other circumstances inspire unreliability. (1) Vital statistics record. - A writing as a record of a birth, stillbirth, death or marriage, if the law required the person who made it to present it in a specific public office and if it was made and presented as required by law. ()) Absence of public record. - A writing made by the person who is the official custodian of the records of a public office, stating that a particular record has been searched diligently and has not been found, when it is offered to prove the absence of said record in that office. (k) Records of religious organizations. - Declarations regarding birth, marriage, divorce, death, fillation, ancestry, race, kinship - by consanguinity or affinity - or other similar fact in the personal or family history of a person, which are contained in a record, ordinarily maintained, of a church or other religious organization. (1) Marriage, baptism and other similar certificates. - A statement of fact regarding the birth, marriage, death, race, ancestry, relationship - by consanguinity or affinity - or other similar fact in the family history of a person, If the statement is contained In a certificate of the person who officiated the corresponding ceremony, performed a marriage or administered a sacrament. This, provided that the person officiating it was a person authorized by law or by the regulations of a religious organization to celebrate the acts reported in the certificate, and it was issued by the person who did it at the time and place of the ceremony or sacrament, or within a reasonable time thereafter. (m) Family records. - Statements of facts about personal or family history, noted in family Bibles, family trees, charts, or In Inscriptions engraved on rings, annotations on family photos, Inscriptions engraved on ums, crypts, tombstones or other similar. (n) Official ownership records. - The official record of a document that affects a right or Interest In property, movable or Immovable, to demonstrate the content of the original document and its granting, Including delivery by each person who appears granting it, alwaysthat the record was an official record of a government office and its registration in said office was authcrized by law. (o) Statements in documents affecting property interests. A statement contained in a document whose purpose was to establish or affect an interest in property, if the statement is relevant to the purpose of the document, unless the transactions effected in relation to the property since the document was made have been inconsistent with the truth of the statement or the purpose of the document. (p) Statements in old documents. Statements contained in a document that is twenty years old or older and whose authenticity has been established. {(q) Commercial and other similar lists. A statement cther than an opinion contained in a tabulation, list, directory, record or other published compilation if used generally in the course of a business activity, as defined in subsection (f) of this rule and if they are considered reliable and accurate. (r) Treaties. Statements contained in a treatise, magazine or pamphlet, or other similar publication, on a historical, medical, scientific, technical or artistic subject provided that it is established, through judicial knowledge or expert testimony, that the publication constitutes reliable authority on the subject . To the extent they were brought to the attention of an expert during cross-examination or the expert's testimony was based on them during direct examination, if admitted, the statements may be read into evidence, but will not be received. as exhibits. (s) Reputation based on personal or family history. Evidence of reputation among members of the family to which a person belongswhether by consanguinity, adoption, or marriageor among the person's associates, or in the community, as to birth, adoption, marriage, divorce , death, legitimacy, or their relationship by blood, adoption or marriage, ancestry, or any other similar data from the personal or family history of that person. () Reputation regarding boundaries or general history. Evidence of reputation in the communitywhich arose before the disputeas to land boundaries or customs affecting land in the community, and evidence of reputation as to general historical facts that are important to the community, the state or nation in question. (u} Reputation over character. Evidence of reputation in the community in which a person resides oramong a group with which the person associates, regarding the person's character or a particular character trait. (v) Sentence for previous conviction. Evidence of a final sentence, following a trial or plea, in which a perscn is found guilty of a crime and which carries a prison sentence of more than six months, if such evidence is offered to prove any fact essential to substantiate sentence. The pendency of an appeal will not affect admissibility under this rule, although the fact that the sentence is not yet final may be brought to the court's consideration. This rule does not allow the Public Prosecutor's Office in a criminal action to offer evidence of the sentence for a previous convidion of a persen other than the accused person, except for the purposes of challenging a witness. RULE 806. UNAVAILABILITY OF THE WITNESS PERSON. (32 LPRA Ap VI, R. 8006) (a) Definition; not available as a witness. Includes situations in which the deponent: (1) Is exempt from testifying by a determination of the court by reason of a privilege recognized in these rules in relation to the subject or object of his declaration; (2) insists on not testifying regarding the subject matter or object of his or her statement despite a court order to do so; (3) testifies that he cannot remember the subject or object of his statement; (4) at the time of the trial or hearing, has died or is unable to appear to testify due to illness or mental or physical impairment, or (5) is absent from the hearing and the person proposing the statement has exercised diligence to obtain his or her appearance. by court summons. It will not be understood that a declarant is not available as a witness if this has been motivated by the management or conduct of the person proposing the declaration with the purpose of preventing the declarant from appearing or testifying. (b) When the deponent is not available as a witness, the following is admissible as an exception to the general rule of exclusion of reference evidence: (1) Previous testimony. Testimony given as a witness in another hearing of the same or another procedure, in a deposition taken in accordance with the law during the same or another procedure. This is if the party against whom the testimony is now offeredor a predecessor in interest if it is a civil action or proceedinghad the opportunity and similar motive to develop the testimony in direct examination, cross-examination or {2) Declaration in danger of death. A statement made by a declarant while he believed he was in danger of imminent death if the statement relates to the cause or circumstances of what he believed to be his imminent death. {(3) Declarations against interest. A statement that at the time it was made was so contrary to the pecuniary or proprietary interest of the declarant or subject him to the risk of civil or criminal liability, or so tended to misrepresent a claim of his against another person, or created such risk of making her an object of hatred, ridicule or social disgrace in the community, that a reasonable person in her situation would not have made the statement unless they believed it to be true. (4) Statements about personal or family history, (A) A statement regarding the birth, adoption, marriage, divorce, filiation, relationship by bleod or affinity, race, lineage, or other similar fact of family or personal history of the same declarant, even if the declarant had no means of acquiring personal knowledge. of the stated matter. {B) A declaration regarding the matter indicated in paragraph (A) of this clause and of another persen including the death of the latter if said person is related to the declaring person by blood relationship, affinity or adoption or there is such a relationship between the declaring person and the family of the other person who made it probable that said declaring person had accurate information regarding the matter declared. RULE 807. MULTIPLE REFERENCE TEST. (32 LPRA Ap VI, R. 807) Reference evidence containing other reference evidence will not be subject to the general exclusion rule if each part of the combined statements satisfies some exception to that rule. RULE 808. CREDIBILITY OF THE DECLARING PERSON. (32 LPRA Ap VI, R. 808) When a statement is admitted as constitutive evidence under Rules 805 to 808, the credibility of the declarant may be challengedand if challenged, may be rehabilitatedby any evidence admissible for those purposes if the declarant had testified. As a Witness. The requirements for challenging prior statements and bias set forth in Rules 608(b)X4) and 611 shall not apply to the challenge of the filer under this rule. If the party against whom reference evidence has been admitted calls the deponent of that evidence as a witness, said deponent is subject to examination by the party as if he were under cross-examination. RULE 809. RESIDUAL CLAUSE. (32 LPRA Ap VI, R. 809) A statement not expressly covered by Rules 805 to 806, but containing comparable circumstantial assurances of reliability, will not be subject to the general rule of exclusion of leading evidence if the court determines that: { a) The statement has greater probative value, for the purpose for which it is offered, than any other evidence that the proposing person could have obtained if reasonable diligence had been exercised, and (b) the proposing person gave reasonable prior notice to the party against whom it is offered of his intention to present such statement , to inform you about the particular circumstances of this, including the name and address of the declarantStep by Step Solution
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