For trials in the United States, rules govern the admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that all parties receive a fair hearing and to exclude evidence deemed irrelevant, incompetent, untrustworthy, unduly prejudicial, or otherwise improper. If it appears that a rule of evidence is being violated, an attorney may raise an objection to the judge. The judge then decides whether the rule has been violated and whether the evidence must be excluded from the record of the trial. In the absence of a properly made objection, however, the judge will probably allow the evidence. The burden is on the mock trial team to know the Rules of Evidence and to be able to use them to protect their witness and fairly limit the actions of opposing counsel and their witnesses.
For purposes of mock trial competition, the Rules of Evidence have been modified and simplified. They are based on the Federal Rules of Evidence and its numbering system. Where rule numbers or letters are skipped, those rules were not deemed applicable to mock trial procedure. Text in italics or underlined represent simplified or modified language. Not all judges will interpret the Rules of Evidence (or procedure) the same way, and mock trial attorneys should be prepared to point out specific rules (quoting, if necessary) and to argue persuasively for the interpretation and application of the rule they think appropriate.
The quiz will have the rule and definition, you will fill in the number.
*The objective is to memorize the rule number, rule name, and basic definition of frequently used rules. Don’t worry about understanding how to apply the rules yet- that will be taught.
Rule 401. Test for Relevant Evidence
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. Rule 404a. Character Evidence; Crimes or Other Acts
(a) Character Evidence.
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. (2) Exemption. A Defendant may offer evidence of the defendant's’ character trait, and the prosecution may introduce evidence to rebut that evidence. (3) Exemption for witnesses. Evidence of a witness’ character may be admitted under Rule 608.
Rule 602. Need for Personal Knowledge
Unless the person is an expert witness and providing an option pursuant to Rule 703, a witness may not testify to a matter unless the witness had personal knowledge of the matter.
Rule 614. Invention of Fact **HAVE THIS MEMORIZED- YOU WILL NEED IT
(a) On Direct Examination. In answering a question on direct examination, a witness may not provide a fact not the witness’ statement which is likely to affect the outcome of the trial. The opposing party may object to such evidence. (b) On Cross-Examination, [NEW] If a witness is asked about information on cross-examination not contained in the witness’ statement, the answer must be consistent with the statement and may not not materially affect the witness’ testimony or any substantive issue of the case. (c) If a witness testifies contrary to the witness’ statement, the examination attorney may attempt to refresh the witness’ recollection, as provided by Rule 612, or impeach the witness, as provided by Rule 608.
Rule 701. Opinion Testimony by Lay Witness
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining 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
(a) A witness is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion if: (1) the expert’s specialized knowledge will help the trier of fact to understand to the evidence or to determine a fact in issue; (2) the testimony is based on sufficient facts or data (3) the testimony is the product of reliable principles and method; and (4) the expert has reliably applied the principles and methods to the fact of the case. (b) An attorney shall not ask the Court to qualify an expert in any particular field prior to offering an expert opinion. However, the opposing party may object to any opinion provided by an expert if the expert, or the opinion, do not conform to subsection (a).
Rule 704. Opinion on Ultimate Issue
Testimony from a witness about how the case is to be decided, including the guilt or innocence of the defendant, is not admissible. However, opinion or inference testimony otherwise admissible is not objectionable merely because it embraces an issue to be decided by the trier of fact.
Rule 801c. Hearsay Definitions
(c) Hearsay. “Hearsay” means a statement that:
(1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.
Rule 803. Hearsay Exceptions
The following are not excluded by the hearsay rule, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. (2) Excited Utterance. (3) Then-Existing Mental, Emotional, or Physical Condition. (4) Statement Made for Medical Diagnosis or Treatment. (5) Recorded Recollection. (6) Records of Regularly Conducted Activity. (7) Absence of Regularly Conducted Activity. (8) Public Records.
