Mock Trial Rules of Evidence

-Govern proceedings in the courts of the State of Midlands
-Recognized as being in the United States under the U.S. Constitution

-Secure fairness in administration
-Elimination of unjustifiable expense and delay

-Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected
-If admitting evidence, a timely objection and its grounds may strike it from the record
-If excluding evidence, the substance of the evidence must be offered or made apparent to the court by context

To the extent practicable, during jury hearings all effort must be made to avoid suggesting by any means excluded evidence to the jury.

Nothing in this rule precludes plain error which substantially affects the rights of the party although they were not brought to the attention of the court.

Questions regarding the qualifications of a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, and are not bound by the rules of evidence except in regard to privilege.

If the relevancy of testimony or a piece of evidence rests on the condition of fact, the court may admit it upon or subject to the fulfillment of that condition.

When a writing, recording, or other form of statement is submitted in part, any party may require the submission of any other part or whole.

-A judicially noted fact for the purposes of adjudication is one that is not subject to reasonable dispute, or is immediately verifiable by reliable outside sources, such as calendar days.
-In a civil case, the jury is instructed to accept as fact any judicially noted fact.
-In a criminal case, the jury may dispute this.

In all civil actions in the State of Midlands, a presumption imposes on the party on which it is directed the burden of rebutting or meeting the presumption, but does not shift the burden of proof in the sense of the risk of non-persuasion, which remains throughout the trial on the party it was initially cast.

“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.

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.

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.

A. Character evidence is generally inadmissible for the purposes of proving conformity of action, except:
1. The character of the accused: evidence of a pertinent trait of the accused, or evidence offered by the prosecution to rebut the same, and admitted under 404.a.2.
2. The character of the victim, same as above.
Both are only in a criminal case, and require advanced notice at the preceding captain's meeting.
3. Evidence as to the character of the witness, under rules 607-609.

Evidence of other crimes, wrongs or acts is inadmissible to prove conformity with, though it may be used for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.