Mock Trial rules of evidence

Lack of Personal Knowledge

RE 602: People without prior knowledge of the case cannot testify about it in court.

Irrelevant Evidence

RE 402: Evidence that does not prove anything to be more or less probable

Exclusion of Relevant Evidence on Grounds of Prejudice, confusion, or waist of time

RE 403: Relevant evidence may be exclueded if it’s issue outways the proof it offers

Hearsay

RE 802: A statement made outside the court that is offered to prove the charges being pressed

Opinion Testimony by Lay Witness

RE 701: A witness can only give their opinion if it is rational and helps to understand their testimony and is not determining a fact.- cannot be based on specialized knowledge unless they are qualified and can prove their qualifications to the court.

Testimony by Experts - not qualified

RE 702: A witness who is qualified in a professional field may share their opinions related to this field to help determine facts.

Opinion on Ultimate Issue

RE 704: If a witnesses’ opinion is otherwise admissible and helpful to the judge, they are not objectifiable.

Argumentative Questions

Rule 4.18: An attorney can’t ask this witness to make a conclusion from the facts. They can only ask about the facts.

Lack of Proper Predicate/Foundation

Rule 4.18: Attorneys must lay the foundation that a peice of evidence is true and relevant before they admit it as evidence.

Assuming Facts Not in Evidnece

Rule 4.18: Attorneys cant ask questions based on assumptions or any unproven facts

Questions Calling For Narrative or General Answer

Rule 4.18: Questions must call for a specific answer. Narrative answer is anything calling for a long answer containing multiple facts.

Non-Responsive Answer

4.18: A witness’s answer is objectionable if it does not answer the question asked

Repetition

Rule 4.18: Questions cannot ask for a complete repetition of fact.