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2d Cir 5th Cir accused actions and proceedings admissible admitted adverse party ADVISORY COMMITTEE'S NOTE apply authentication California Evidence Code CENTER The rule character evidence circumstances civil actions Civil Procedure claim or defense client Code of Civil common law communication credibility crime Criminal Procedure cross-examination declarant declarations against interest defendant disclose disclosure documents effect excluded expert testimony FEDERAL IUDICIAL CENTER FEDERAL RULEs hearsay exception hearsay rule HOUSE COMMITTEE impeachment inadmissible issue Jersey Evidence Rule judge judicial notice JUDICIARY juror jury Kansas Code limited litigation matter MCCORMICK nolo contendere NOTE BY FEDERAL offered opinion person plea presumed fact presumption privilege privilege law probative value proof prosecution prove purpose question reasonable record relevant requirement rule enacted rule prescribed Rules of Civil Rules of Criminal RULEs OF EVIDENCE sexual statute substantial Supreme Court testify trial unavailable Uniform Rule United United States Code waiver WIGMORE