Colorado mock trial rules of evidence

Judical notice

The process by which a court takes recognition of a fact in the absence of any formal proof

Rule 201 (a)

This rule governs judicial notice of an adjudicative fact only not a legislative fact

Adjudicative fact

Those facts which concern the immediate parties in which are determinative of the outcome of the case

Rule 201 (b)

The court may judicially notice affect that is not subject to reasonable dispute because it is a matter of mathematical or scientific certainty for example the court could take judicial notice that 2+2 = 4

Rule 401

evidence is relevant if it is any tendency to make a fact more less probable than it would be without the evidence and the fact is a consequence in determining the action

Rule 402

Relevant evidence is miscible unless these rules provide otherwise relevant evidence is not admissible

Rule 403

The court may exclude relevant evidence if it’s positive value is substantially outweighed by unfair prejudice confusing the issues, misleading the jury, undue delay, wasting time, needlessly presenting cumulative evidence.

Probative value

Whether or not the fact will help the jury determine the issue in the case

Rule 404 a

Evidence of a persons character or character trait is not admissible to prove propensity

Rule 404 (b)

Evidence of a crime, wrong, or other act is not admissible to prove propensity

Rule 405 (a)

When evidence of a persons character is admissible, and may be proved by testimony about the persons reputation in the form of an opinion

Rule 406

Evidence of a persons habit may be admitted to prove propensity. The court may admit this evidence regardless of whether it is correlated or whether there was an eyewitness.

Rule 407

When measures are taken that would have made an injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence

Rule 607

Any party including the party that called the witness, may attack the witnesses credibility

Rule 611 (e)

The only emotion permissible is one requesting the judge to strike testimony following a successful objection to its admission

Rule 701

A lay witness may testify in the form of an opinion if it is limited to one that is (A) period rationally based on the witnesses perception (B) Helpful to clearly understanding the witnesses testimony or to determining a fact in the issue and (C) It is not based on scientific tactical or other specialized knowledge.

Rule 702

If scientific tactical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact an issue a witness qualified as an expert of knowledge skill experience training or education may testify in the form of an expert opinion

Rule 703

An expert may base an opinion on fax or data in the case that the expert has been made aware of or personally observed if said expert was reasonably rely on those kind of facts or data informing opinion on the subject they need not be admissible for the opinion to be admitted

Rule 704

An opinion on the ultimate issue was not automatically injectable just because it had braces an ultimate issue

Rule 705

Unless court orders otherwise, an expert may state and opinion give the reasons fort without first testifying to underlying fax or data but the expert may be required to disclose is fax or data on cross examination

Rule 801

Hearsay is defined as an out of court statement offered to prove the truth of the matter asserted in the statement

Statement

A persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion

Rule 801 (d) (2)

An opposing parties statement is not considered hearsay

Rule 802

Hearsay is not admissible except as provided by the rules state in an 803

Rule 803 (1)

Present sense impression statement describing or explaining an event or condition made while or immediately after the declarant perceived it

Rule 803 (2)

Excited utterance: A statement relating to a startling event or condition made while the declarant was under the stress or excitement that it caused

Rule 803 (3)

The existing mental, emotional, or physical condition: a statement of the declarants then existing state of mind or emotional sensory, or physical condition

Rule 803 (5)

Recorded recollection: a record that is 1. on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately 2. was made by the witness when the matter was fresh in their memory or 3. accurately reflects her knowledge.

Rule 803 (6)

Records of regarding conduct and activity: B. the record was kept in the course of a regular conducted activity of a business, organization, occupation, or calling. C. making the record was a regular practice of that activity

Rule 803 (21)

A reputation concerning character: a reputation among a persons associates or in the community concerning the persons character.

Rule 805

Hearsay included within hearsay is not excluded by the rules against hearsay if each piece of hearsay conforms with an exception to the rule

Rule 608 (a)

Witnesses credibility can be challenged or defended using opinions or reputation evidence about their character. However this evidence must focus solely on the truthfulness or untruthfulness. Additionally evidence supporting a witnesses truthful character is only allowed after their character for truthfulness has been attacked

Rule 608 (b)

Specific actions of a witness use to attack or support the credibility, cannot be proven with outside evidence except for criminal convictions. However the court may allow the specific actions to be questioned during cross examination if they are relevant to the witnesses truthfulness or untruthfulness or the truthfulness of another witness they testified about.

Rule 611 (a)

Control by the court. The court shall exercise reasonable control over the mode in order of interrogating witnesses and presenting evidence. (1) Make the interrogation and presentation effective for the assertion of the truth. (2) Avoid needless consumption of time. (3) Protect witnesses from a harassment or undue embarrassment

Rule 611 c

Leading question should not be used on the direct examination of a witness except as may be necessary to develop its testimony. Leading question should be permitted on cross examination. When a party called a hostile witness an adverse party or witness identified with an adverse party interrogation may be by leading questions

Rule 801 d

A statement is not considered hearsay if it falls under one of the following categories: number one declarant (person who made the statement) testifies at the trial and is subject to cross examination about the statement and the statement is:

A. inconsistent with their current testimony

B. consistent with her testimony offered to review claims of recent fabrication and proper influence or motive or

C. and identification of a person made after preceiving them.

Rule 806

Tacky and supporting credibility of declarant: wanna hearsay statement or certain non-hearsay statements per rule 801 D2 C, D, or E are admitted, the credibility of the person who made the statement can be challenged or supported just if they were testifying in court.

Rule 803 (6)

Records of regularly conducted activity:

Computer generated records like search histories can be admitted as they are made at or near the time of the event.

they were kept in the regular course of business activity which includes digital systems logging actions

there is testimony or certification from someone who can verify the systems reliability

Rule 901

requirement of authentication: the witness confirms that the search occurred on their device

Rule 902 (11)

Certified electronic records such as automated logs from a phone or computer may be admitted without further proof if they accompanied by certification of a Center City from a qualified individual

Rule 807

Residential exception:

allows admissibility if the record is trust worthy

it is more profited than any other evidence

admission serves the interest of justice

405 (b)

If characters in essential element of the case claims about aggressive behavior or abuse of authority you may reference specific instances to prove it.

Your honor 405 a allows me to use reputation and opinion testimony to challenge credibility this is not being introduced to show conformity with the past act but your show the jury the witnesses known reputation.