Rules of Evidence [Mock Trial]

Rule 101.

The rules of evidence in the casebook are the only rules of evidence in Mock Trial.

Rule 102.

The rules of evidence in the casebook are made for fair, fast, and accurate decisions.

Rule 401.

Relevant evidence is evidence that makes an important fact more likely to be true.

Rule 402.

All relevant evidence is admissible in court, and all irrelevant evidence is inadmissible in court.

Rule 403.

Relevant evidence may be excluded if its danger of prejudice, delay, or confusion outweighs its probative value.

Rule 404.

• Character evidence is evidence of a person’s character or character trait.

• Character evidence is not admissible to prove that a person acted consistent with that character; It is admissible to prove motive, opportunity, intent, plan, knowledge or pertinent traits.

  • Pertinent traits are character traits that relate to a particular element of a crime or its defense.

Rule 405.

A person’s character can be proven by reputation, opinion, or specific instances of conduct.

Rule 408.

Furnishing a consideration, accepting a consideration, or statements made in negotiation are not admissible to prove the validity of a civil claim.

Rule 601.

Every person is competent to testify unless the rules provide otherwise.

Rule 602.

A witness may only testify to a matter if sufficient evidence proves that the witness has personal knowledge.

Rule 603.

Every witness, as led by the bailiff, must give an oath to testify truthfully before testifying.

Rule 607.

Any party may impeach a witness.

Rule 608.

• A person’s truthfulness can only be proven by reputation or opinion if their truthfulness has already been attacked; it cannot be proven by specific instances of conduct unless they are questioned during a cross-examination.

Rule 611.

• The court must control the mode and order to ensure accuracy, efficiency, and witnesses’ protection.

• The scope of a cross is not limited to the scope of the prior direct.

• Leading questions are not allowed during a direct but are allowed during a cross.

• The cross may be followed by a redirect and the redirect may be followed by a recross.

  • The scope of a redirect is limited to the scope of the prior cross, and the scope of a recross is limited to the scope of the prior redirect.

• The only permitted motion is requesting the judge to strike testimony following a successful objection.

Rule 612.

An attorney may use a witness’s affidavit to remind them of a statement they made in it.

Rule 701.

A lay witness’s testimony by opinion is limited to rational conclusions and clarifying information; it cannot require scientific, technical, or other specialized knowledge.

Rule 702.

Expert testimony is only admissible if the court determines that the expert witness has expertise, their expertise is relevant to the case, and there is a sufficient basis of facts for the expert to analyze.

Rule 703.

An expert may base their opinion on facts they were provided or personally observed, and if the facts are typically relied upon by people in their field, the opinion is admissible regardless of the admissibility of said facts.

Rule 704.

• Witness testimony by opinion is not inadmissible solely because it embraces the ultimate issue.

• An expert witness may not express an opinion that the defendant had a mental state or condition that fulfills an element of the crime.

Rule 705.

An expert witness is not required to disclose the facts their opinion is based upon unless they are questioned during a cross.

Rule 801.

• Hearsay is a declarant’s out-of-court statement that a party offers to prove the truth of the matter asserted in the statement.

• A statement is a person’s oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.

• The declarant is the person who made the statement.

If the declarant testifies and can be cross-examined about a prior statement that is inconsistent with their testimony and was given under oath, it is not hearsay.

If that statement is consistent with their testimony but is used to rebut a claim of fabrication against the declarant or identify a person as someone the declarant perceived earlier, it is not hearsay.

If a statement was offered against an opposing party and is authorized, adopted, or at all supported by that party (or them in any representative form), it is not hearsay.