Midlands Rules of Evidence
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| Rule 102. Purpose and Construction | Rules shall be construed to secure fairness in administration,
elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
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| Rule 104. Preliminary Questions (b) - Relevancy Conditioned on Fact | When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
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| Rule 104. Preliminary Questions (e) Weight and credibility. | This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
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| Rule 201. Judicial Notice of Adjudicative Facts (b) Kinds of Facts | A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) known to the court or (2) generally understood and verifiable by ready sources beyond dispute including but not limited to calendar events.
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| Rule 201. Judicial Notice of Adjudicative Facts (d) When Mandatory | A court shall take judicial notice if requested by a party and supplied with the necessary information.
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| Rule 201. Judicial Notice of Adjudicative Facts (f) When Permissable | Time of taking notice. Judicial notice may be taken at any
stage of the proceeding.
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| 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.
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| Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time | 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.
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| Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes (a) | Character Evidence Generally.--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:
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| Rule 404 (a) (1) Character of Accused | Evidence of trait offered by accused, or by the prosecution to rebut the same, or if evidence of trait of the alleged victim of the crime is offered by an accused and admitted, evidence of the same character of the accused offered by the prosecution.
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| Rule 404 (a) (3) Character of Witness. | Evidence of the character of a witness, as provided in rules 607, 608, and 609.
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| Rule 404 (b) Other Crimes, Wrongs, or Acts | Evidence of other acts = not admissible to prove character of a person in order to show action in conformity. May be admissible for other purposes: proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake/accident.
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| Rule 405. Methods of Proving Character (a) | Rep. or Opinion: In all cases in which evidence of a trait of character is admissible, acceptable proof by testimony as to reputation or of opinion is allowed. On cross, inquiry is allowable into relevant specific instances of conduct.
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| Rule 405. Methods of Proving Character (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.
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| Rule 406. Habit; Routine Practice | Evidence of the habit of a person or routine practice of an organization, regardless of corroboration or presence of eyewitnesses, is relevant to prove that the conduct on a particular occasion was in conformity with the habit or routine practice.
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| Rule 407. Subsequent Remedial Measures | Evidence of SRM=not admissible to prove negligence, culpable conduct, defect in product, defect in design, or need for warning/instruct. Does not require exclusion of evidence of SRM when offered for another purpose; prove ownership, control, etc.
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| Rule 602. Lack of Personal Knowledge | Witness may not testify to a matter unless evidence is introduced supporting a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness' own testimony. Subject to provisions of rule 703.
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| Rule 608. Evidence of Character and Conduct of Witness (a) (a) Opinion and reputation evidence of character. | Credibility of witness may be attacked/supported by evidence in opinion or reputation form: Limitations: (1) evidence may refer only to character for veracity, and (2) admissible only after veracity attacked by opinion/reputation evidence, or otherwise
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| Pretrial requirements to address the opinion and reputation evidence of character of a witness. | Written notice required. In lieu of rebuttal witness availability, defense attacks against character of the witness for truthfulness, defense must notify prosecution at Capt Meeting. Prosecution may offer evidence of veracity during its case-in-chief.
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| Rule 611. Mode and Order of Interrogation and Presentation (b) | Cross-examination, other than initial cross-examination, should be limited to subject matter of direct examination preceding it and matters affecting the credibility of the witness. Court may make exceptions.
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| Rule 611. Mode and Order of Interrogation and Presentation (c) | Leading questions should not be used on direct exam of witness unless necessary to develop witness' testimony. When a party calls hostile witness, adverse party, or witness identified with an adverse party, interrogation may be by leading questions.
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| 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.
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| Rule 613. Prior Statements of Witnesses (a) Examining witness re: prior statement. | In examining a witness re: prior statement made by witness, written or not, the statement need not be shown nor its contents disclosed to the witness, but on request shall be shown/disclosed to opposing counsel.
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| Rule 613. Prior Statements of Witnesses (b) Extrinsic Evidence of Prior Inconsistent Witness Statement | Extrinsic evidence of a prior inconsistent statement is not admissible unless witness is given opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness. Doesn't apply 2 Party Opponent statements
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| 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.
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| Rule 701. Opinion Testimony by Lay Witnesses | Witness' testimony limited to those opinions or inferences which are (a) rationally based on their perception (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on Rule 702.
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| Rule 702. Testimony by Experts | If specialized knowledge will assist jury understand evidence or 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...
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| Rule 702 - Expert may testify in form of 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.
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| Rule 703. Bases of Opinion Testimony by Experts | Must be perceived/known prior to hearing. If reasonably relied upon by experts, facts/data need not be admissible in evidence for opinion/inference to be admitted.
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| Rule 704. Opinion on Ultimate Issue (a) Not Objectionable unless 704 (b) | 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.
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| Rule 704. Opinion on Ultimate Issue (b) | No expert witness may state opinion/inference as to whether the defendant did/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
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| Rule 705. Disclosure of Facts or Data Underlying Expert Opinion | The expert may testify in terms of opinion/inference and give reasons therefor without first testifying to underlying facts/data, unless the court requires otherwise. The expert may in any event be required to disclose underlying facts/data on cross.
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| Rule 801 Hearsay Definitions - 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.
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| Rule 801 Hearsay Definitions - Declarant | (b) "declarant" is a person who makes a statement.
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| Rule 801 Hearsay Definitions - Hearsay | (c) "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.
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| Rule 801 (d) - Statements that are not hearsay -(1) Witness' prior statement | Declarant subject to cross, and statement is(A) inconsistent with testimony, given under oath, or (B) consistent and to rebut charge of fabrication/improper motive, or (C) one of ID of person made after perception of person.
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| Rule 801 (d) - Statements that are not hearsay -(2) Admission by party-opponent. | Offered against a party & is (A) Party's statement or (B) one which party has adopted belief in its truth, or (C) authorized by party, (D) by party's agent, or (E) by co-conspirator.
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 1 Present sense impression. | (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.
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 2 Excited utterance. | (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.
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 3 Then existing mental, emotional, or physical condition. | (3) Then existing mental, emotional, or physical condition. Statement of declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health)...
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 4 Made for purposes of medical diagnosis or treatment... | (4) 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 & pertinent to diagnosis or treatment.
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 6 Record of Regularly Conducted Activity | (6) Record of Regularly Conducted Activity - In any form, made near time, by person with knowledge, if regularly kept and was practice to make, as shown by qualified witness, UNLESS source/method indicates lack of trustworthiness.
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 7 Absence of entry in records kept | Absence of entry in records kept in accordance with the
provisions of 803-6. Evidence that a matter is not
included in the record, to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind regularly recorded & kept.
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 8 Public records and reports | (8) Public records and reports, in any form, of public offices or agencies, setting forth (A) activities of office/agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report...
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 18 Learned treatises. | Learned treatises. To the extent called to attention of expert upon cross or relied upon by expert in direct, statements from learned treatise, established by testimony/admission of witness or other expert. Statements may be read into evidence only.
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| Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial - 19-20-21 | Reputation re: personal or family history.
Reputation re: boundaries or general history.
Reputation as to character among associates or in the community.
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| 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.
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| Rule 806. Attacking and Supporting Credibility of Declarant | When a hearsay statement, or one defined in Rule 801(d)(2)(C),(D),or(E), has been admitted, credibility of declarant may be attacked, and if attacked may be supported, by evidence admissible for those purposes if declarant had testified as a witness.
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| Rule 901. Requirement of Authentication or Identification | (1) Testimony of witness with knowledge. NOTE: Lay the knowledge foundation first, showing how they acquired said knowledge.
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| Rule 902. Self-authentication Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: (5) |
(5) Official publications. Books, pamphlets, or other publications
purporting to be issued by public authority.
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| 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.
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| 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.
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