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Mock Trial Rules

AMTA Rules and Midlands Rules of Evidence

TermDefinition
Rule 7.7-2 REQUEST TO CONSULT. An attorney may requesting permission to consult with co-counsel
Rule 4.31(1) for opening statements 5 minutes per side
Rule 4.31(1) for direct examinations 25 minutes per side combined directs
Rule 4.31(1) for cross examinations 25 minutes per side combined crosses
Rule 4.31(1) for closing arguments 9 minutes per side
Rule 4.31(2) REBUTTAL. PLAINTIFF/PROSECUTION MAY REBUT CLOSING. The plaintiff/prosecution can rebut after defense's closing with up to 5 minutes of their remaining time, without reserving it. Defense can't rebut.
Rule 4.31(3) UNTIMED ACTIVITIES: OBJECTIONS. Time spent in arguing objections or comments of judges shall not be assessed against either side, but shall be included in all calculations under Rule 4.32. (4.32 was removed)
Rule 4.31(4) EXPIRATION OF DIRECT EXAMINATION TIME: WITNESSES/ATTORNEYS LOSE POINTS.
Rule 4.33(6) REQUEST FOR INTERVENTION. A rostered member of either team must make a timely request for intervention to the AMTA Representatives (if the trial will exceed 180 minutes)
Rule 7.1(1) COMMUNICATE ONLY WITH TRIAL PARTICIPANTS.
Rule 7.1(2) WIRELESS DEVICES TO BE TURNED OFF
Rule 7.6 (1) attorneys may make reasonable inferences
Rule 7.6 (2) Attorneys may not make unreasonable inferences or commit dishonesty
Rule 7.7 ONE CROSS/DIRECT AND CLOSING/OPENING PER ATTORNEY.
Rule 7.8 Learning and adhering to the role. Each student witness shall learn and adhere to the role of that witness.
Rule 7.9 FAITHFUL Testimony of witnesses. All witnesses shall remain faithful to their affidavits
Rule 7.10 Presumption regarding witnesses' ABILITIES. Unless otherwise specified in the case materials, all witnesses were able to see, hear, and perform any acts described in the case materials
Rule 7.13 Use of notes during a round. A witness may not use notes while giving testimony.
Rule 4.31(5) EXPIRATION OF CROSS EXAMINATION TIME: ATTORNEY LOSES POINTS. If a team runs out of time for cross examination before it begins the cross examination of any witnesses, attorneys to cross get no points, and the witnesses get the same points from the direct
Rule 7.14 MAY DEVELOP Characterizations. Witnesses may develop the persona of their character. Any dress, demeanor, and appearance consistent with Rules 1.4 through 1.10 may be used.
Rule 7.15.1 Formal Certification of Experts Not Permitted. Just lay the foundation that they're an expert
Rule 7.23 Argument on objections ALLOWED. The court may allow argument on objections.
`Rule 7.24 Ruling on objections MAY BE EXPLAINED. After receiving potential argument, the judge should rule on objections, and may explain if they want.
Rule 8.2 ALL DOCUMENTS AUTHENTIC. No witness may deny the authenticity of documents supplied by AMTA.
Rule 8.3(1) AFFIDAVITS SWORN TO. All affidavits shall be treated as sworn to, reviewed by, and signed by each witness prior to trial.
Rule 8.3(2) OTHER DOCUMENTS WITH SIGNATURE BLOCKS FINAL AND VALID. Each document with a signature block has been signed unless expressly stated otherwise by the case problem, but you still have to make sure it's a "fair and accurate" copy with the witness.
Rule 8.4 Extrinsic legal authority prohibited.
Rule 8.5(1) DEMONSTRATIVE AIDS GENERALLY PERMITTED.
Rule 8.5(2) ELECTRONIC DEMONSTRATIVE AIDS are prohibited
Rule 8.5(3) EVIDENCE RESTRICTED TO CASE PACKET.
Rule 8.5(4) RESTRICTION ON MATERIALS NOT INCLUDED IN CASE PACKET.
Rule 8.5(5) cannot permanently deface demonstrative aids
Rule 8.5.1(1) PRE-TRIAL MATTERS PERMITTED.
Rule 8.5.1(2) OPENING STATEMENTS AT BEGINNING. Both plaintiff/prosecution and defense opening statements must occur at the beginning of the trial, with the plaintiff-prosecution team going first followed by the defense team.
Rule 8.5.1(3) PLAINTIFF/PROSECUTION CASE-IN-CHIEF FIRST. T
Rule 8.5.1(4) (4)BREAK ALLOWED. Within the discretion of the judge and within the confines of Rule 4.33, teams may take a brief recess or break between the plaintiff/prosecution case-in-chief and the defense case-in-chief.
Rule 8.5.1(5) DEFENSE CASE-IN-CHIEF SECOND.
Rule 8.5.1(6) (6)BREAK ALLOWED. Within the discretion of the judge and within the confines of Rule 4.33.
Rule 8.5.1(7) CLOSING ARGUMENTS AT END. Both plaintiff/prosecution and defense provide
Rule 8.6. Bench conferences and side-bars not permitted. Counsel will remain at counsel table unless specifically instructed by the court to approach the bench.
Rule 8.7(1) ALL TRIALS Jury trials. In the event that the host impanels an actual jury to observe a trial, the following rules shall apply: (1) a timely motion to strike is interpreted as both a motion to strike and a request to admonish the jury to disregard
Rule 8.7(2) ATTORNEYS MAY REQUEST LIMITING INSTRUCTIONS when testimony or evidence is admitted on limited grounds
Rule 8.7(3) Discussions and arguments on evidentiary matters ASSUMED OUTSIDE JURY PRESENCE. and other issues normally held outside the presence of the jury shall be conducted in open court, but shall be considered constructively outside the presence of the jury.
Rule 8.7(4) SCORING BALLOTS COMPLETED FIRST. If an actual jury is impaneled, the scoring ballots must be completed and sent to the tab room before the jury gives a verdict or any other feedback
Rule 8.8(1) SCOPE OF INITIAL CROSS EXAMINATION NOT LIMITED to matters raised in the initial direct examination.
Rule 8.8(2) SCOPE OF RE-EXAMINATIONS ARE LIMITED to matters raised in the immediately preceding examination.
Rule 8.8(3) unlimited NUMBER OF REDIRECT AND RECROSS EXAMINATIONs, subject to time limits
Rule 8.9(1) CLOSED UNIVERSE. teams must rely on the facts stated in the Case Problem rather than creating new facts or denying existing facts in order to advantage their parties (an "Improper Invention").
Rule 8.9(2) JUDGES' SCORING ON IMPROPER INVENTION. A team must demonstrate it through impeachment for point deductions to occur
Rule 8.9(3) STUDENTS' OBLIGATIONS FOR HONESTY UNDER RULES 1.4, 1.5, 1.6, AND 7.6. opponent's inability to successfully impeach a witness does not necessarily mean the witness has complied with this rule.
Rule 8.9(4a) IMPROPER INVENTION: INCLUDING FAKE DETAILS OR EXCLUDING IMPORTANT ONES.
Rule 8.9(4b) PROTECT YOURSELF ON CROSS. A witness is allowed to invent material facts on cross-examination as long as the witness remains responsive to the question posed. Attorneys who ask questions not in affidavit may receive an unfavorable answer in trial.
Rule 8.9(4c) MATERIAL FACTS SPECIFICALLY AFFECT CASE, REASONABLE INFERENCE =LOGICAL, AFFIDAVITS ANY DOCUMENTS WHERE WITNESS STATES BELIEFS.
Rule 8.9(5) IMPROPER INVENTIONS MUST BE IMPEACHED, NOT OBJECTED TO.
Rule 8.11 ONLY MOTIONS TO STRIKE OR SEQUESTER WITNESSES. No motions, except a motion to strike pursuant to Midlands Rule of Evidence 102 or a motion to exclude witnesses pursuant to Midlands Rule of Evidence 615, are permitted.
Rule 8.12(1) OBJECTIONS PRHIBITED DURING OPENING AND CLOSING. Objections are permitted during the examinations of witnesses but not to opening statements or closing arguments. An objection may be made prior to usage of a demonstrative aid in the opening or closing.
Rule 8.12(2) OBJECTIONS MUST BE BASED ON MIDLANDS RULES OF EVIDENCE. The only objections that may be made are those that are consistent with the Midlands Rules of Evidence or which have been recognized by a case provided with the case materials.
Rule 8.13(3) ONLY EXAMINING ATTORNEY MAY OBJECT. Only the attorney who conducts the direct or cross examination of the witness may advance objections during the questioning or testimony of a witness
Rule 8.14 BENCHBOOKS MAY BE DISTRIBUTED
Rule 8.15 VOIR DIRE IS PERMITTED. Voir dire is allowed and shall count against the cross examination time of the team employing it.
Rule 8.16 ALL DOCUMENTS ARE FINAL VERSIONS. Unless expressly stated otherwise in the case packet, all exhibits are the most recent version of the document in question.
Rule 8.17 Affidavits not admissible. witnesses may testify to their contents.
Midlands Rule 103 YOU CAN SOMETIMES CLAIM ERROR IN A RULING, BUT SHOULDN'T
Rule 104(b) RELEVANCE BASED ON PROVEN FACT. if the relevance of a line of questioning is based on a specific fact, the questioner must prove that fact
Rule 104(e.) RELEVANCE MAY BE BASED ON WEIGHT AND CREDIBILITY. Council may show the jury evidence that is relevant to the weight or credibility of other evidence
Rule 106 MAY REQUEST COMPLETE DOCUMENT. If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction of any other part of it to be considered at the same time
Rule 4.31(6) READING EXHIBITS=TIME DEDUCTED. Should a team wish to read aloud for the jury an exhibit (or part of any exhibit) or stipulation, any such reading must be deducted from the team's time to present arguments and evidence
Rule 7.13-2 MAY USE AFFIDAVIT AGAINST WITNESS. the recollection of a witness may be refreshed, where appropriate, based on affidavit
Rule 8.2-2 Arguing for hyper-technical interpretations of the rules shall be avoided. Witness affidavits cannot reasonably identify documents in a degree of detail sufficient to prevent witnesses from denying central case components, but you still can't do that.
Comment to rule 8.5(4) No demonstrative aid MAY PURPORT PARTICULARS not in diagram already
Rule 201(a) 201 AFFECTS Judicial Notice of Adjudicative Facts: This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
Rule 201(b1) Kinds of Facts That May Be Judicially Noticed ARE GENERALLY KNOWN. The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court’s territorial jurisdiction
Rule 201(c2) COURT MUST TAKE JUDICIAL NOTICE. if a party requests it and the court is supplied with the necessary information.
Rule 201(d) COURT MAY TAKE JUDICIAL NOTICE AT ANY TIME. The court may take judicial notice at any stage of the proceeding.
Rule 201(e.) PARTIES MAY ARGUE JUDUCIAL NOTICE, if they have not been heard on the matter.
Rule 201(f) Instructing the Jury OF JUDICIAL NOTICE AS CONCLUSIVE. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In criminal, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.
Rule 301 In civil, IF THERE'S A PRESUMPTION AGAINST YOU, YOU MUST PROVE IT WRONG.
Rule 401(a) EVIDENCE IS RELEVANT IF IT AFFECTS PROBABILITY OF FACTS: Evidence is relevant it has any tendency to make a fact more or less probable than it would be without the evidence
Rule 401(b) EVIDENCE IS RELEVANT IF IT LEADS TO AN ACTION. the fact is of consequence in determining the action
Rule 402 Relevant Evidence IS GENERALLY ADMISSIBLE UNLESS IT BREAKS THESE RULES OR THE CONSTITUTIONAL REQUIREMENTS
Comment to rule 402 RELEVANT EVIDENCE LIMITED TO CASE MATERIALS. Relevant evidence is limited to the information supplied by or reasonably inferred from the case materials supplied by AMTA. For further explanation see Rule 8.9 of the AMTA Rulebook.
Rule 403-1 Exclusion of relevant evidence: unfair prejudice. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice
Rule 403-2 Exclusion of relevant evidence: confuses issues. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of confusing the issues
Rule 403-3 Exclusion of relevant evidence: misleading. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of misleading the jury
Rule 403-4 Exclusion of relevant evidence: undue delay. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of undue delay
Rule 403-5 Exclusion of relevant evidence: wasting time. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of wasting time
Rule 403-6 Exclusion of relevant evidence: needlessly cumulative. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of needlessly presenting cumulative evidence.
Rule 404(a1) Character Evidence; PROHIBITED TO PROVE ACTIONS IN ACCORDANCE WITH PERSONALITY. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance therewith.
Rule 404(a2a) Exceptions to 404(a1) for a Defendant/Victim in a Criminal Case: DEFENDENT MAY OFFER POSITIVE CHARACTER TRAITS, BUT OPPOSING COUNCIL MAY ATTACK IT (with character evidence form)
Rule 404(a2b) Exceptions to 404(a1) for a Defendant or Victim in a Criminal Case: DEFENDENT MAY DISCUSS PERSONALITY OF VICTIM, SUBJECT TO CROSS EXAMINATION.
Rule 404(a2c) Exceptions to 404(a1) for a Defendant or Victim in a Criminal Case: PROSECUTOR MAY OFFER VICTIM'S PEACEFULNESS IF DEFENDANT SAYS VICTIM IS AGGRESSOR.
Rule 404(a3) Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.
Rule 404(b1) Crimes, Wrongs, or Other Acts CANNOT PROVE CONFORMITY THEREWITH
Rule 404(b2) Permitted Uses; Notice in a Criminal Case: CRIMES ARE ADMISSIBLE FOR SOME REASONS; MUST PROVIDE WRITTEN NOTICE. You may prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake NOT ACTION IN CONFORMITY
Rule 405(a) MAY PROVE Character By Reputation or Opinion - opens the door for cross to inquire into specific instances of conduct
Rule 405(b) MAY PROVE Character By Specific Instances of Conduct WHEN CHARACTER IS IN QUESTION
Rule 201(b2) Kinds of Facts That May Be Judicially Noticed FROM RELIABLE SOURCES. If they can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
Rule 406 Habit; Routine Practice ADMISSIBLE TO PROVE ACTION IN CONFORMITY THEREWITH
Rule 407 Subsequent Remedial Measures CAN'T PROVE NEGLIGENCE, BUT CAN PROVE FEASIBILITY OF PREVENTITIVE MEASURES.
Rule 408(a1) Compromise Offers and Negotiations; CAN'T USE THE OFFER TO SETTLE AS EVIDENCE OF GUILT
Rule 408(a2) Compromise offers and Negotiations: CAN'T USE STATEMENTS MADE DURING SETTLEMENT NEGOTIATIONS TO PROVE/DISPROVE A CLAIM/ IMPACH A WITNESS FOR LYING UNLESS IT'S DURING A CRIMINAL CASE AND THE STATEMENTS WERE MADE TO A GOVERNMENT AGENCY.
Rule 408(b) The court may admit STATEMENTS MADE DURING SETTLEMENT NEGOTIATIONS TO PROVE ELEMENTS OTHER THAN A WITNESS'S DISHONESTY/CLAIMS.
Rule 409 OFFERS TO PAY FOR MEDICAL EXPENSES CANNOT PROVE LIABILITY.
Rule 410(a1) Pleas, Plea Discussions, and Related Statements; Prohibited Uses. CAN'T USE WITHDRAWN GUILTY PLEA AGAINST ANYONE
Rule 410(a2) Pleas, plea discussions; prohibited uses; CAN'T USE NO CONTEST PLEA AGAINST ANYONE a nolo contendere (NO CONTEST) plea;
Rule 410(a4) CAN'T USE a statement made during plea discussions with an attorney for the prosecuting authority AGAINST ANYONE UNLESS IT RESULTED IN A GUILTY/WITHDRAWN-GUITY PLEA
Rule 410(b1) Exceptions. COMPLETENESS: STATEMENTS ADMITTED TOGETHER IN PLEA NEGOTIATIONS. The court may admit a statement described in Rule 410(a4)
Rule 410(b2) STATEMENTS MADE IN PLEA NEGOTIATIONS MAY BE ADMITTED WHEN THEY RELATE TO PERJURY. in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record and with counsel present.
Rule 411 CAN'T USE EVIDENCE RELATING TO INSURANCE TO PROVE NEGLIGENCE/INTENTION, YOU CAN USE IT TO PROVE OWNERSHIP/BIAS
Rule 501 ONLY PRIVILEDGES IN MIDLANDS APPLY. Only privileges (subjects that cannot be inquired) granted by a statute of the state of Midlands or by Midlands case law shall be recognized.
Rule 601 WITNESSES ASSUMED TO BE COMPETENT. Every person is competent to be a witness unless these rules provide otherwise.
Rule 602 WITNESSES CANNOT TESTIFY TO AN ISSUE WITHOUT FOUNDATION OF PERSONAL KNOWLEDGE.
Rule 603 WITNESSES ASSUMED TO BE SWORN IN. Before testifying, a witness shall be presumed to have been sworn in, by an oath or affirmation to testify truthfully administered in a form designed to impress that duty on the witness’s conscience.
Rule 605 JUDGES CAN'T TESTIFY. The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.
Rule 607 ANYONE MAY IMPEACH A WITNESS. Any party, including the party that called the witness, may attack the witness’s credibility.
Rule 608(a) MAY ATTACK CREDIBILITY BASED ON REPUTATION; TRUTHFUL REPUTATION ONLY ALLOWED AFTER TRUTHFULNESS ATTACKED.
Comment to rule 608(a) Written notice MUST BE PRESENTED AT CAPTAINS' MEETING ON CHARACTER FORM.
Rule 608(b) EXTRINSIC EVIDENCE CAN'T PROVE SPRECIFIC INSTANCES OF CONDUCT THAT AFFECT CREDIBILTY, BUT THESE INSTANCES MAY BE INQUIRED INTO ON CROSS FOR THAT REASON.. Except for a criminal conviction under Rule 609
Rule 609(a1a) WHEN THE WITNESS IS NOT THE DEFENDENT, AND COMMITTED A FELONY, THAT EVIDENCE MAY BE ADMITTED, SUBJECT TO RULE 403.
Rule 609(a1b) WHEN THE DEFENDANT COMMITTED A FELONY, A CRIMINAL CONVICTION MAY BE ADMITTED IF THE PROBATIVE VALUE OUTWEIGHS THE PREJUDICIAL VALUE.
Rule 609(a2) YOU MAY IMPEACH BASED ON ANY CRIME FOR DISHONESTY OR FALSE STATEMENT.
Rule 609(b) IF MORE THAN 10 YEARS HAVE PASSED SINCE A CONVICTION/RELEASE, THE EVIDENCE'S PROBATIVE VALUE MUST OUTWEIGH PREJUDICIAL VALUE AND YOU GIVE THE OTHER TEAM WRITTEN NOTICE
Rule 609(c1) IF THE CONVICTION WAS PARDONNED/ANNULLED/REHABILITATED, IT'S INADMISSIBLE, BUT IF A "REHABBED" WITNESS COMMITS ANOTHER CRIME, THEY ARE BOTH ADMISSIBLE.
Rule 609(c2) IF THE CONVICTION WAS PARDONNED/ANNULLED/REHABILITATED, IT'S INADMISSIBLE.. the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
Rule 609(d)-1 CONDITION 1: Evidence of a juvenile adjudication is admissible under this rule only if: (1) it is offered in a criminal case
Rule 609(d)-2 CONDITION 2: Evidence of a juvenile adjudication is admissible under this rule only if the adjudication was of a witness other than the defendant
Rule 609(d)-3 CONDITION 3: Evidence of a juvenile adjudication is admissible under this rule only if an adult’s conviction for that offense would be admissible to attack the adult’s credibility
Rule 609(d)-4 CONDITION 4: Evidence of a juvenile adjudication is admissible under this rule only if admitting the evidence is necessary to fairly determine guilt or innocence.
Rule 609(e.) Pendency of an Appeal. AN ADMISSIBLE CONVICTION is admissible even if an appeal is pending. Evidence of the pendency is also admissible.
Rule 610 Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.
Rule 611(b) Scope of Examinations. The initial cross examination is not limited to matters discussed on direct examination. Re-direct and re-cross examination are permitted, but are limited to scope of previous examinations.
Rule 611(c1) Leading Questions ALLOWED ON CROSS. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily the court should allow leading questions on cross- examination
Rule 611(c2) LEADING QUESTIONS ALLOWED when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
Rule 612 WITNESSES MAY USE AMTA MATERIALS WHILE TESTIFYING. A witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony.
Rule 613(a) WHEN YOU ASK A WITNESS ABOUT A PRIOR STATEMENT, YOU DON'T HAVE TO SHOW THE WITNESS WHERE YOU GOT IT, BUT YOU HAVE TO SHOW ANY ATTORNEY WHO ASKS.
Rule 613(b) IF EXTRINSIC EVIDENCE SHOW'S WITNESS INCONSISTENCY, YOU CAN IMPEACH ON THAT FACT, BUT YOU NEED TO GIVE THE WITNESS A CHANCE TO EXPLAIN.
Rule 614 Calling and/or examining of a witness by the court is not allowed.
Rule 615 YOU CAN INVOKE THIS RULE TO "SEQUESTER" WITNESSES THAT AREN'T PARTY REPRESENTATIVES.
Rule 701(a) NON-EXPERT WITNESSES MAY STATE OPINIONS rationally based on the witness’s perception
Rule 701(b) NON-EXPERT WITNESSES MAY STATE OPINIONS helpful to clearly understanding the witness’s testimony or to determining a fact in issue
Rule 701(c.) NON-EXPERT WITNESSES MAY STATE OPINIONS not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Rule 702(a) CONDITION 1: "EXPERT" WITNESSES MAY STATE OPINIONS IF THEY HELP UNDERSTAND AN ISSUE/the expert’s scientific, technical, or other specialized knowledge will help to understand the evidence or to determine a fact in issue
Rule 702(b) CONDITION 2: "EXPERT" WITNESSES MAY STATE OPINIONS IF the testimony is based on sufficient facts or data
Rule 702(c.) CONDITION 3: "EXPERT" WITNESSES MAY STATE OPINIONS IF the testimony is the product of reliable principles and methods
Rule 702(d) CONDITION 4: "EXPERT" WITNESSES MAY STATE OPINIONS IF the expert has reliably applied the principles and methods to the facts of the case.
Comment to rule 702 CAN'T CERTIFY "EXPERTS"
Rule 703 IF AN EXPERT BASES THEIR OPINION ON IT, AND THIS IS NORMAL, THEN THE ITEM IS ADMISSIBLE.
Rule 704(a) An opinion is not objectionable just because it embraces an ultimate issue (which is an opinion to sanity/insanity/mental state)
Rule 704(b) OPINIONS ON ULTIMATE ISSUE OBJECTIONABLE IN CRIMINAL CASES.
Rule 705 "EXPERTS" DO NOT NEED TO LAY FOUNDATION FOR OPINIONS.
Rule 801(c.) Hearsay - out of court statement/document offered for the truth of the matter asserted
Rule 801(d1a) A Declarant-Witness’s Prior Statement IS NOT HEARSAY IF IT IS INCONSISTENT WITH DECLARANT'S TESTIMONY. and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
Rule 801(d1b) A Declarant-Witness’s Prior Statement IS NOT HEARSAY IF IT'S CONSISTENT WITH DECLARANT'S TESTIMONY AND REBUTS THE FACT THE DECLARANT MADE IT UP
Rule 801(d1c) A Declarant-Witness’s Prior Statement IS NOT HEARSAY if it identifies a person as someone the declarant perceived earlier.
Rule 801(d2a) An Opposing Party’s Statement IS NOT HEARSAY IF IT was made by the party in an individual or representative capacity
Rule 801(d2b) An Opposing Party’s Statement IS NOT HEARSAY IF IT is one the party manifested that it adopted or believed to be true
Rule 801(d2c) An Opposing Party’s Statement IS NOT HEARSAY IF IT was made by a person whom the party authorized to make a statement on the subject
Rule 801(d2d) An Opposing Party’s Statement IS NOT HEARSAY IF IT was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed
Rule 801(d2e) An Opposing Party’s Statement IS NOT HEARSAY IF IT was made by the party’s coconspirator during and in furtherance of the conspiracy.
Comment to Rule 801(d2) THE FACT A STATEMENT WAS MADE BY A "CO-CONSPIRATOR" CANNOT PROVE A CONSPIRACY.
Rule 802 Hearsay is not admissible unless it meets an exception
Rule 803(1) hearsay exception: Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
Rule 803(2) hearsay exception: Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused
Rule 803(3) hearsay exception: Then-Existing Mental, Emotional, or Physical Condition. (such as motive) or emotional, sensory, or physical condition, but not a statement of memory or belief to prove that fact unless it affects validity of the declarant’s will.
Rule 803(4) hearsay exception: Statement Made for Medical Diagnosis or Treatment.
Rule 803(5) hearsay exception: Recorded Recollection (WHEN A WITNESS FORGETS, MADE BY A WITNESS, MAY BE READ ALOUD, BUT NOT RECEIVED AS EVIDENCE UNLESS BY OPPOSING PARTY
Rule 803(6a) hearsay exception: Records of a Regularly Conducted Activity. A record of an act, event, condition, opinion, or diagnosis if it meets 5 conditions: (A) the record was made at or near the time by, or from information by someone with knowledge of it
Rule 803(6b) hearsay exception: Condition 2: the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit
Rule 803(6c) hearsay exception: Condition 3: making the record was a regular practice of that activity
Rule 803(6d) hearsay exception: Condition 4: all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification
Rule 803(6e) hearsay exception: Condition 5: neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness.
Rule 803(6) hearsay exception: A record of an act, event, condition, opinion, or diagnosis if: (A) the record was made at or near the time by – or from information transmitted by – someone with knowledge; (B) the record was kept in the course of a regularly conduct
Rule 803(7) hearsay exception: Evidence that a matter is not included in a business record if: (A) the evidence is admitted to prove that the matter did not occur or exist; (B) a record was regularly kept for a matter of that kind; and (C) neither the possible sour
Rule 803(7a) hearsay exception: CONDITION 1: Evidence that a matter is not included in a business record if the evidence is admitted to prove that the matter did not occur or exist
Rule 803(7b) hearsay exception: CONDITION 2: A RECORD WAS KEPT, BUT IT DOESN'T INCLUDE THE ISSUE
Rule 803(7c) hearsay exception: CONDITION 3: Neither the possible source of the information nor other circumstances indicate a lack of trustworthiness
Rule 609(d) A juvenile adjudication is admissible under this rule if: (1) it's offered in a criminal case (2) the defendant is not the committer (3) an adult’s conviction for that offense is admissible (4) admitting the evidence helps determine guilt or innocence.
Rule 803(8ai) Hearsay exception: A record or statement of a public office if it sets out the office’s activities and (B) neither the source of information nor other circumstances indicate lack of trustworthiness.
Rule 803(8aii) Hearsay exception: A record or statement of a public office if it sets out a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel and (B) neither the source of informatio
Rule 803(8aiii) Hearsay exception: A record or statement of a public office if it sets out in a civil case or against the government in a criminal case, factual findings from a legally authorized investigation; and (B) neither the source of information nor other circums
Rule 803(9) Hearsay exception: Public Records of Vital Statistics. A record of a birth, death, or marriage, if reported to a public office in accordance with a legal duty
Rule 803(10) Hearsay exception: Absence of a Public Record. Testimony – or a certification under Rule 902 – that a diligent search failed to disclose a public record or statement if the testimony or certification is admitted to prove that the record does not exist/mat
Rule 803(11) hearsay exception: Records of Religious Organizations Concerning Personal or Family History. A statement of birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage, or similar facts of personal or family history, contained
Rule 803(12) hearsay exception: Certificates of Marriage, Baptism, and Similar Ceremonies. A statement of fact contained in a certificate: (A) made by a person who is authorized by a religious organization or law. (B) attesting that the person performed a religious
Rule 803(13) hearsay exception: Family Records. A statement of fact about personal or family history contained in a family record, such as a Bible, genealogy, chart, engraving on a ring, inscription on a portrait, or engraving on an urn or burial marker.
Rule 803(14) hearsay exception: Records of Documents That Affect an Interest in Property. The record of a document that purports to establish or affect an interest in property if: (A) the record is admitted to prove the content of the original document, along with it
Rule 803(15) hearsay exception: Statements in Documents That Affect an Interest in Property. A statement contained in a document that purports to establish or affect an interest in property if the matter stated was relevant to the document’s purpose – unless later de
Rule 803(16) hearsay exception: Statements in Ancient Documents. A statement in a document that is at least 20 years and whose authenticity is establishe
Rule 803(17) hearsay exception: Market Reports and Similar Commercial Publications. Market quotations, lists, directories, or other compilations that are generally relied on by the public or by persons in particular occupations.
Rule 803(18) hearsay exception: Statements in Learned Treatises, Periodicals, or Pamphlets. A statement contained in a treatise, periodical, or pamphlet if: (A) the statement is called to the attention of an expert witness on cross-examination or relied on by the expe
Rule 803(19) hearsay exception: Reputation Concerning Personal or Family History. A reputation among a person’s family by blood, adoption, or marriage – or among a person’s associates or in the community – concerning the person’s birth, adoption, legitimacy, ancestry
Rule 803(20) hearsay exception: Reputation Concerning Boundaries or General History. A reputation in a community – arising before the controversy – concerning boundaries of land in the community or customs that affect the land, or concerning general historical event
Rule 803(21) hearsay exception: Reputation Concerning Character. A reputation among a person’s associates or in the community concerning the person’s character.
Rule 803(22) hearsay exception: Judgment of a Previous Conviction. Evidence of a final judgment of conviction if: (A) the judgment was entered after a trial or guilty plea, but not a nolo contendere plea; (B) the conviction was for a crime punishable by death or by im
Rule 803(23) hearsay exception: Judgments Involving Personal, Family, or General History, or a Boundary. A judgment that is admitted to prove a matter of personal, family, or general history, or boundaries, if the matter: (A) was essential to the judgment; and (B) cou
Rule 804(a1) the Declarant Is Unavailable as a Witness if they are exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies
Rule 804(a2) the Declarant Is Unavailable as a Witness if they refuse to testify about the subject matter despite a court order to do so
Rule 804(a3) the Declarant Is Unavailable as a Witness if they testify to not remembering the subject matter
Rule 804(a4) the Declarant Is Unavailable as a Witness if they cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness
Rule 804(a5) the Declarant Is Unavailable as a Witness if they are absent from the trial or hearing and the statement’s proponent has not been able to procure declarant's attendance/testimony (rule804(b)(1) or (6); le 804(b)(2), (3), or (4))
Comment to rule 804(a) Unavailability of a witness. This rule may not be used at trial to assert that a team has “procured” the unavailability of a witness by choosing not to call that witness.
Rule 804(b1) Former testimony is not excluded by the rule against hearsay if the declarant is unavailable. Testimony that: (A) was given as a witness at a legal proceeding and (B) is ) is now offered against a party who had the opportunity to develop it
Rule 804(b2) Statement Under the Belief of Imminent Death is not excluded by the rule against hearsay if the declarant is unavailable. In a prosecution for homicide or in a civil case
Rule 804(b3) Not excluded by hearsay: Statement Against Interest. A statement that: (A) the declarant would have made only if they believed it because, when made, it was so contrary to the declarant’s interest, and (B) is supported by corroborating circumstances tha
Rule 804(b4a) Statement of Personal or Family History is not excluded by the rule against hearsay. A statement about: (A) the declarant’s own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood, adoption, or marriage, or similar facts of per
Rule 804(b4b) Statement of Personal or Family History is not excluded by the rule against hearsay. If the declarant was related to the person or was so intimate with the person’s family that the declarant’s information is probably right.
Rule 804(b6) hearsay exception: Statement Offered Against a Party That Wrongfully Caused the Declarant’s Unavailability intentionally.
Rule 805 Hearsay Within Hearsay ADMISSIBLE Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule
Rule 806 Attacking and Supporting the Declarant’s Credibility ALLOWED FOR HEARSAY. When a hearsay statement/statement described in Rule 801(d)(2)(C), (D), or (E) has been admitted in evidence, the declarant’s credibility may be attacked, and then supported
Rule 901(a) MUST SHOW EVIDENCE IS AUTHENTIC. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Rule 901(b1) MAY SHOW EVIDENCE IS AUTHENTIC BY Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
Rule 901(b3) MAY SHOW EVIDENCE IS AUTHENTIC BY Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.
Rule 901(b2) MAY SHOW EVIDENCE IS AUTHENTIC BY Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation
Rule 901(b4) MAY SHOW EVIDENCE IS AUTHENTIC BY Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
Rule 901(b5) MAY SHOW EVIDENCE IS AUTHENTIC BY Opinion identifying a person’s voice, firsthand or through recording
Rule 901(b6) Evidence About a Telephone Conversation AUTHENTIC IF SHOWN: that a call was made to the number assigned at the time to: (A) the person who answered (B) a particular business if the call related to business reasonably transacted over the telephone.
Rule 901(b7) Public Records AUTHENTIC IF: Evidence that: (A) a document was recorded or filed in a public office as authorized by law; or (B) a purported public record or statement is from the office where items of this kind are kept.
Rule 901(b8) ANCIENT DOCUMENTS AUTHENTIC if they're (A) is in a condition that creates no suspicion about its authenticity; (B) was in a place where, if authentic, it would likely be; and (C) is at least 20 years old when offered
Rule 901(b9) MAY SHOW EVIDENCE IS AUTHENTIC BY Evidence About a Process or System. Evidence describing a process or system and showing it produces an accurate result.
Rule 901(b10) MAY SHOW EVIDENCE IS AUTHENTIC BY Methods Provided by a Statute or Rule. Any method of authentication or identification allowed by a Midlands statute or a rule prescribed by the Midlands Supreme Court.
Rule 902(1) Domestic Public Documents That Are Sealed and Signed Are Self-Authenticating . A document that bears: (A) a seal purporting to part of the United States, and (B) a signature purporting to be an execution or attestation.
Rule 902(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified ARE SELF-AUTHENTICATING.
Rule 902(3) Foreign Public Documents ARE SELF-AUTHENTICATING.
Rule 902(4) Certified Copies of Public Records ARE SELF-AUTHENTICATING.
Rule 902(5) Official Publications ARE SELF-AUTHENTICATING
Rule 902(6) Newspapers and Periodicals ARE SELF-AUTHENTICATING. Printed material purporting to be a newspaper or periodical.
Rule 902(7) Trade Inscriptions and the Like ARE SELF-AUTHENTICATING. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.
Rule 902(8) Acknowledged Documents ARE SELF-AUTHENTICATING. A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.
Rule 902(9) Commercial Paper and Related Documents ARE SELF-AUTHENTICATING. Commercial paper/promissory notes, a signature on it, and related documents, to the extent allowed by general commercial law.
Rule 902(11) Certified Domestic Records of a Regularly Conducted Activity ARE SELF-AUTHENTICATING. The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person
Comment to rule 902(11) The reasonableness requirement of this rule is satisfied if the aforementioned notice, record, and certification are affirmatively made available at the Captains’ Meeting.
Rule 902(12) Certified Foreign Records of a Regularly Conducted Activity ARE SELF-AUTHENTICATING. In a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11), modified as follows: the certification, rather than complying w
Comment to rule 902(12) Comment: If no foreign law is provided in the case materials, assume the signatory of a foreign document would have been punished for signing falsely
Rule 903 Subscribing Witness’s Testimony NOT REQUIRED. A subscribing witness’s (someone who testifies that they saw someone else sign a document) testimony is not necessary to authenticate a writing.
Rule 1002 Requirement of the Original. An original writing, recording, or photograph is required in order to prove its content unless these rules or a Midlands statute provide otherwise.
Comment to rule 1002 No attorney may object under rule 1002 that the “original writing, recording, or photograph” in question is not among the documents contained in the case packet.
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Rule 1003 DUPLICATES ADMISSIBLE. A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate
Rule 1004(a) Rule 1004. ORIGINAL NOT REQUIRED IF DESTROYED. An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if all the originals are lost or destroyed, and not by the proponent acting in bad faith
Rule 1004(b) An original is not required IF IT CAN'T BE OBTAINED. other evidence of the content of a writing, recording, or photograph is admissible if an original cannot be obtained by any available judicial process
Rule 1004(c.) An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if OPPOSING PARTY HAD CONTROL OF IT, BUT FAILS TO PRODUCE IT
Rule 1004(d) An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if the writing, recording, or photograph is not closely related to a controlling issue.
Rule 1005 Copies of Public Records ADMISSIBLE IF: the OG evidence is admissible; the copy is correct by Rule 902(4) or is testified to be correct by a witness who has compared it with the original. If needed, lawyer may use other evidence to prove content.
Rule 1006 Summaries to Prove Content ADMISSIBLE. Lawyers can summarize the content of excessive evidence, but must make the originals available to opposing council
Rule 1007 Testimony or Statement of a Party to Prove Content ADMISSIBLE. Basically, a lawyer can use testimony from an opposing witness to prove the content of evidence without needing the original.
Rule 1008 per 104(b), the jury, NOT THE JUDGE, determines if (a) an asserted writing, recording, or photograph ever existed; (b) another one produced at the trial or hearing is the original; or (c) other evidence of content accurately reflects the content.
Rule 1101(d) Midlands Rules of Evidence do not apply to the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility
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