Mock Trial Rules of Evidence
|Rule 401||"Relevant evidence" means any evidence tending to makes the existence or nonexistence of a fact necessary for the resolution of the action more or less probable|
|Rule 402||All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by these rules, or by other rules prescribed in Midlands pursuant to statutory authority. Evidence which is not relevant is not admissible.|
|Rule 403||Exclusion of Relevant Evidence on Grounds of|
Prejudice, Confusion, or Waste of Time: Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
|Rule 404 A||Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion except: character of accused, character of alleged victim, character of a witness|
|Rule 404 B||Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal case shall provide written notice of such intent prior to witness selection in the captains' meeting.|
|Rule 405 A||Reputation of opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination inquiry is allowable into relevant specific instances of conduct.|
|Rule 405 B||Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct.|
|Rule 406||Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the person or organization on a particular occasion was in conformity with the habit of routine or practice.|
|Rule 407||When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product, a defect in a product's design, or a need for a warning or instruction. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.|
|Rule 408||Evidence of 1) furnishing or offering or promising to furnish, or 2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of the compromise negotiations. This rules also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.|
|Rule 409||Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.|
|Rule 410||Evidence of the following is not, in an civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions: 1) a plea of guilty which was later withdrawn 2) nolo contendere 3) any statement made in the course of plea discussions|
|Rule 411||Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.|
|Rule 601||Every person is competent to be a witness except as otherwise provided in these rules|
|Rule 602||Lack of Personal Knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony.|
|Rule 603||Oath or Affirmation. Before testifying, every witness shall be presumed to have been sworn in, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so.|
|Rule 607||The credibility of a witness may be attacked by any party, including the party calling the witness.|
|Rule 608 A||Opinion and Reputation Evidence of Character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: 1) the evidence may refer only to character for truthfulness or untruthfulness, and 2) evidence of truthful character is admissible only after the character of the witness for truthfulness had been attacked by opinion or reputation evidence or otherwise.|
|Rule 608 B||Specific instance of the conduct of a witness, for the purpose of attacking or supporting the witness' credibility, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative or truthfulness or untruthfulness, be inquired into on cross-examination of the witness 1) concerning the witness' character for truthfulness or untruthfulness, or 2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.|
|Rule 609 A||For the purpose of attacking the credibility of a witness, 1) evidence that a witness other than the accused has been convicted of the crime shall be admitted.|
|Rule 610||Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness's credibility is impaired or enhanced.|
|Rule 611 B||Cross-examination, other than the initial cross-examination, should be limited to the subject matter of the direct examination immediately preceding it and matters affecting the credibility of the witness.|
|Rule 611 C||Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination.|
|Rule 615||Exclusion of Witnesses. At the request of the party the court shall order witnesses constructively excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize the constructive exclusion of 1) a party who is a natural person, 2) an officer or employee of a party which is not a natural person designated as its representative, or 3) a person authorized by a statute provided in the case materials to be present.|
|Rule 701||If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are a) rationally based on the perception of the witness, b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and c) not based on scientific, technical, or other specialized knowledge within the scope of 702|
|Rule 702||If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if 1) the testimony is based upon sufficient facts or data, 2) the testimony is the product of reliable principles and methods, and 3) the witness has applied the principles and methods reliably to the facts of the case|
|Rule 703||The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type of reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value is assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.|
|Rule 704 A||Opinion on Ultimate Issue. Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.|
|Rule 704 B||No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matter for the trier of fact alone.|
|Rule 705||The expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.|
|Rule 801 D-1||Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or C) one of identification of a person made after perceiving the person|
|Rule 801 D-2||Admission by party-opponent. The statement is offered against a party and is A) the party's own statement, in either an individual or a representative capacity or B) a statement of which the party has manifested an adoption or belief in its truth, or C) a statement by a person authorized by the party to make a statement concerning the subject, or D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or E) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy. The contents of the statement shall be considered but are not alone sufficient to establish the declarant's authority under subdivision C), the agency or employment relationship and scope thereof under subdivision D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision E).|
|Rule 802||Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Midlands Supreme Court pursuant to statutory authority.|
|Rule 803-1||Present Sense Impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.|
|Rule 803-2||Excited Utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.|
|Rule 803-3||Then existing mental, emotional, or physical condition. A|
statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will.
|Rule 803-4||Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis|
|Rule 803-5||Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.|
|Rule 803-6||Records of Regularly Conducted Activity.--A memorandum,|
report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
|Rule 803-7||Absence of entry in records kept in accordance with the|
provisions of paragraph (6). Evidence that a matter is not
included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
|Rule 803-8||Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings|
resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.
|Rule 803-9|| Records or data compilations, in|
any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law.
|Rule 803-10||Absence of public record or entry. To prove the absence of|
a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry.
|Rule 803-11|| Records of religious organizations. Statements of births,|
marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.
|Rule 803-12||Marriage, baptismal, and similar certificates. Statements of|
fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.
|Rule 803-13|| Family records. Statements of fact concerning personal or|
family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.
|Rule 803-14||Records of documents affecting an interest in property.|
The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office.
|Rule 803-15||Statements in documents affecting an interest in property.|
A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.
|Rule 803-16||Statements in ancient documents. Statements in a document in existence twenty years or more the authenticity of which is established.|
|Rule 803-17|| Market reports, commercial publications. Market|
quotations, tabulations, lists, directories, or other published
compilations, generally used and relied upon by the public or by persons in particular occupations.
|Rule 803-18||To the extent called to the attention of an|
expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits.
|Rule 803-19||Reputation concerning personal or family history.|
Reputation among members of a person's family by blood,
adoption, or marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history.
|Rule 803-20|| Reputation concerning boundaries or general history.|
Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or State or nation in which located.
|Rule 803-21|| Reputation as to character. Reputation of a person's|
character among associates or in the community.
|Rule 803-22||Judgment of previous conviction. Evidence of a final|
judgment, entered after a trial or upon a plea of guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not including, when offered by the Government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.
|Rule 803-23|| Judgment as to personal, family, or general history, or|
boundaries. Judgments as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.
|Rule 106||When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.|