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11 terms

Mock Trial Rules

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Rule 13
Swearing of Witnesses
"Do you promise that hte testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?"
Rule 42
Argumentative/Ambiguous Questions and Nonresponsive Answer
Rule 43
Assuming Facts Not in Evidence
(An attorney shall not aska question that assumes unproved facts. However, an expert witness may be asked a question based upon states assumptions, if reasonably supported by evidence.)
Rule 44
Lack of Proper Predicate/Foundation
(Attorneys shall lay a proper foundation prior to moving admissions of evidence. After the mtion has been made, the exhibits may still be objectionable on other grounds.)
Rule 406
Habit, Routine Practice
(Evidence of a person's habit or an organization's routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.)
Rule 407
Subsequent Remedial Measures
(When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measure is not admissible to prove: negligence, culpable conduct, a defect in a product or its design, a need for a warning or instruction. But the court may admit this evidence for another purpose such as impeachment or the feasibility of precautionary measures)
Rule 409
Offers to Pay Medical and Similar Expenses
(Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury)
Rule 411
Liability Insurance
(Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose such as proving a witness's bias or proving agency, ownership, or control)
Rule 801
Hearsay Definitions
(Hearsay means a statement that 1) the declarant does not make while testifying at the current trial or hearing 2) a party offers in evidence to prove the truth of the matter asserted in the statement)
Rule 802
Hearsay Rule
(Hearsay is not admissible except as provided by these rules)
Rule 803
Exceptions to the Rule Against Hearsay- Regardless of Whether the Declarant is Available as a Witness
(1) Present Sense Impression- A statement describing or explaining an event or condition, made while or immdediately after the declarant percieved it.
2) Excited Utterance- A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused
3) Then-Existing Mental, Emotional, or Physical Condition- A statement of the declarant's then-existing state of mind or condition, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the delcarants will.
4) Statement Made for Medical Diagnosis or Treatment- A statement that: a) is made for medical diagnosis or treatment b) describes medical history, past/present symptoms
5) Recorded Recollection- A record that a) is on a matter the witness once knew but now cannot recall b) was made or adopted by the witness when the matter was fresh in the witness's memory c) accurately reflects the witness's knowledge
6) Records of a Regularly Conducted Activity
a record of an act event, condition, opinion, or diagnosis if: a) the record was made at or near the time by someone with knowledge b) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit c) making the record was regular practice of that activity d) all of these conditions are shown byt he testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902 e) neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness
7) Absence of a Record of a Regularly Conducted Activity- Evidence that a matter is not included in a record described ina paragraph if: a) the evidence is admitted to prove that the matter did not occur or exist b) a record was regularly kept for a mtter of that kind c) neither the possible source of the informatin nor other curcumstances indicate a lack of trustworthiness
8) Public Records- a record or statement of a public office
10) Absence of a Public Record- Testimony that a diligent search failed to disclose a public record/statement if the testimony or certification is admitted to prove that the statement/matter did not occur/exist
16) Statements in Ancient Documents- A statement in a document that is at least 20+ years old
18) Statements in Learned Treatises, Periodicals, or Pamphlets
21) Reputation Concerning Character- A reputation among a person's associates or in the community concerning the person's character)