Mock Trial Rules Of Evidence

This Flash Card Set Contains The Cards Necessary To Familiarize Oneself With The Rules Of Evidence (accurate As Of 2009) Used In AMTA Competitions. The Answers Are Not Necessarily Word For Word, And Have Been Rephrased Slightly In Some Places To Better Facilitate Comprehension And Memorization.
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Rule 101. Scope
-Govern proceedings in the courts of the State of Midlands
-Recognized as being in the United States under the U.S. Constitution
Rule 102. Purpose and Construction
-Secure fairness in administration
-Elimination of unjustifiable expense and delay
Rule 103. Rulings on Evidence
-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

Rule 103 c. Hearing of Jury
To the extent practicable, during jury hearings all effort must be made to avoid suggesting by any means excluded evidence to the jury.
Rule 103 d. Plain Error
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.
Rule 104. Preliminary Questions
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.
Rule 104 b. Relevancy conditioned on fact
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.
Rule 106. Remainder of or Related Writings or Recorded Statements
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.
Rule 201. Judicial Notice of Adjudicative Facts
-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.
Rule 301. Presumptions in General in Civil Actions and Proceedings*
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.
Rule 401. Definition of Relevant Evidence
“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. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
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. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
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.
Rule 404.b. Other Crimes, Wrongs, or Acts
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.
Rule 405. Methods of Proving Character
a. In all cases in which character evidence is admissible, proof may be made in the form of testimony on reputation, or by testimony in the form of an opinion. On cross, inquiry is allowable into specific instances of conduct.
b. In cases where a trait of character is core to a charge, claim or defense, proof may also be made as to specific instances of conduct.
Rule 406. Habit, Routine Practice
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Rule 407. Subsequent Remedial Measures*
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. Compromise and Offers of Compromise*
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 compromise negotiations.
This rule 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. Payment of Medical and Similar Expenses
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. Inadmissibility of Pleas, Plea Discussions, and Related Statements
Except as otherwise provided in this rule, evidence of the
following is not, in any 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) a plea of nolo contendere;
(4) any statement made in the course of plea discussions with an attorney for the prosecuting authority which does not
result in a plea of guilty or which result in a plea of guilty
later withdrawn.
It is, however, admissible if the statement has already been made and verified, and should be considered contemporaneously with the plea negotiations.
Rule 411. Liability Insurance
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. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.
Rule 501. Privileges Recognized
Only privileges granted by a statute of the state of Midlands or by Midlands Case law shall be recognized.
Rule 601. General Rule of Competency
Every person is competent to be a witness under Midlands law except as otherwise provided by 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. This rule is subject to the provisions of rule 703, relating to opinion testimony by expert witnesses.
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 605. Competency of Judge as Witness
The judge presiding at trial may not testify in that trial. No objection need be made to preserve that point.
Rule 607. Who May Impeach
The credibility of a witness may be impeached by any party, including the party who called the witness.
608.a. Evidence of Character and Conduct of Witnesses
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 has been attacked by opinion or reputation evidence or otherwise.
608.b. Specific Instances of Conduct
Specific instances 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 of 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.
609. Impeachment by Evidence of Conviction of a Crime
a. General Rule: evidence is admissible if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its
prejudicial effect to the accused; and evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment.
b. Time limit: it is not admissible if a period of more than ten years has elapsed since the date of conviction or the release from prison.
c. If pardoned, the evidence is generally inadmissible.
d. Juvenile adjudications are generally inadmissible.
e. Pendency of an appeal is inadmissible, but does not render the conviction inadmissible.
610. Religious Beliefs or Opinions
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.
611. Mode and Order of Interrogation and Presentation
(b) Scope of cross-examination. 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. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.
(c) Leading questions. 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. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
Rule 612. Writing Used to Refresh Memory
A witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony.
Rule 613. Prior Statements of Witnesses
(a) Examining witness concerning prior statement. In
examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.
(b) Extrinsic evidence of prior inconsistent statement of
witness. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in rule 801(d)(2).
Rule 614. Calling and Interrogation of Witnesses by Court
Calling and/or interrogation of witnesses by court is not allowed.
Rule 615. Exclusion of Witnesses
At the request of a 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. Opinion Testimony by Lay Witnesses
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 Rule 702.
Rule 702. Testimony by Experts
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. Bases of Opinion Testimony by Experts
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 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 in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.
Rule 704. Opinion on Ultimate Issue
(a) 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.
(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 matters for the trier of fact alone.
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
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. Definitions
The following definitions apply under this article:
(a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.
(b) Declarant. A "declarant" is a person who makes a statement.
(c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
Rule 801.d. Statements that are not hearsay
(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; or
(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 coconspirator 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 Rule
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. Hearsay Exceptions, Availability of Declarant Immaterial
(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.
(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.
(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.
Learn others as they become pertinent to the case.
Rule 804. Hearsay Exceptions; Declarant Unavailable
(b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: (1) Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
(3) Statement against interest. A statement which was at
the time of its making so far contrary to the declarant's
pecuniary or proprietary interest, or so far tended to subject
the declarant to civil or criminal liability, or to render invalid
a claim by the declarant against another, that a reasonable
person in the declarant's position would not have made the
statement unless believing it to be true.
Rule 805. Hearsay Within Hearsay
Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.
Rule 806. Attacking and Supporting Credibility of Declarant
When a hearsay statement, or a statement defined in Rule
801(d)(2)(C), (D), or (E), has been admitted in evidence, the
credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement
that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross examination.
Rule 901. Requirement of Authentication or Identification
(a) General provision. The requirement of authentication or
identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
Rule 1001. Definitions
For purposes of this article the following definitions are applicable:
(1) Writings and recordings. “Writings” and “recordings” consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
(b) Photographs
(c) Original Documents
(d) Duplicates
Rule 1002. Requirement of Original
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Midlands law.
Rule 1003. Admissibility of Duplicates
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
Rule 1004. Admissibility of Other Evidence of Contents
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if—
Originals lost or destroyed, original unobtainable, in possession of opponent, collateral matters
Rule 1005. Public Records
The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be
obtained by the exercise of reasonable diligence, then other
evidence of the contents may be given.
Rule 1006. Summaries
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may
order that they be produced in court.
Rule 1007. Testimony or Written Admission of Party
Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission, without accounting for the nonproduction of the original.
Rule 1008. Functions of Court and Jury
When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b)
whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.
Rule 1101. Applicability of Rules
(a) Courts and judges. These rules apply to all courts in the State of Midlands.
(b) Proceedings generally. These rules apply generally to civil actions and proceedings and to all criminal actions and proceedings.
(c) Rule of privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.
(d) Rules inapplicable. The rules (other than with respect to
privileges) do not apply in the following situation:
(1) Preliminary questions of fact. The determination of
questions of fact preliminary to admissibility of evidence
when the issue is to be determined by the court under rule
Rule 1102. Amendments
Amendments to the Midlands Rules of Evidence may be made at the annual AMTA Board Meeting or by special vote convened by the Board.
Rule 1103. Title
These rules shall be known and cited as the Midlands Rules of Evidence.

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