Mock Trial Rules of Evidence

Rule 401-Relevant Evidence

Evidence is relevant if it makes any important fact more or less likely than it would be without the evidence.

Rule 402-Admissibility of Relevant Evidence

Relevant evidence is admissible unless another rule excludes it. Irrelevant evidence is not admissible.

Rule 403-Unfair Prejudice

Even relevant evidence may be excluded if its value is substantially outweighed by unfair prejudice, confusion, misleading the jury, or wasting time.

Rule 404(a)-Character Evidence

Evidence of a person’s character cannot be used to prove that they acted in accordance with that character on a specific occasion.

Rule 404(b)-Other Crimes, Wrongs, or Acts

Evidence of other crimes or acts cannot be used to show a person acted the same way again, unless offered for another proper purpose like motive or intent.

Rule 405-Methods of Proving Character

When character evidence is allowed, it must usually be proven by reputation or opinion, not by specific acts, unless character is an essential element of the case.

Rule 406-Habit or Routine Practice

Evidence of a person’s habit or an organization’s routine practice may be used to show they acted the same way on a specific occasion.

Rule 407-Subsequent Remedial Measures

Actions taken after an incident to make it safer cannot be used to prove negligence or wrongdoing.

Rule 408-Settlement Negotiations

Offers or statements made during settlement negotiations cannot be used to prove liability or damages.

Rule 409.1-Expressions of Sympathy

Expressions of sympathy or benevolence after an accident are not admissible to prove liability, through statements of fault may still be admitted.

Rule 601-Competency

Every person is presumed competent to testify unless a rule says otherwise.

Rule 602-Lack of Personal Knowledge

A witness may testify only to matters they personally perceived or experienced.

Rule 607-Impeachment

Any party, including the party who called the witness, may attack a witness’s credibility.

Rule 608-Truthfulness

A witness’s credibility may be attacked or supported only as to truthfulness or untruthfulness, and specific acts cannot be proven with outside evidence.

Rule 609-Criminal Convictions

Certain criminal convictions may be used to impeach a witness’s credibility, subject to time limits and balancing unfair prejudice.

Rule 610-Religious Beliefs

A witness’s religious beliefs or opinions cannot be used to attack or support credibility.

Rule 611-Leading Questions

Leading questions are generally not allowed on direct examination but are allowed on cross-examination.

Rule 612-Refreshing Memory

If a witness uses a document to refresh memory while testifying, the opposing party has the right to see and use it.

Rule 613-Prior Inconsistent Statements

A witness may be impeached with a prior inconsistent statement, as long as they are given a chance to explain or deny it.

Rule 616-Bias or Prejudice

Evidence showing a witness’s bias, interest, or prejudice is admissible to attack credibility.

617-Impaired Capacity

A witness’s ability to perceive, remember, or testify accurately may be challenged.

Rule 701-Lay Opinion

A non-expert may give opinions if they are based on personal perception and help the jury understand the testimony.

Rule 702-Expert Testimony

A qualified expert may testify if their specialized knowledge helps the jury understand the evidence or decide a fact.

Rule 703-Bases of Expert Opinion

An expert may base opinions on facts reasonably relied upon by experts in the field, even if those facts are not admissible.

Rule 704-Ultimate Issue

An opinion is not objectionable just because it addresses an ultimate issue in the case.

Rule 705-Disclosure of Facts

An expert may give an opinion without first stating the underlying facts, but must disclose them if asked on cross-examination.

Rule 801-Hearsay

Hearsay is an out-of-court statement offered to prove the truth of what it says.

Rule 802-Hearsay

Hearsay is inadmissible unless a specific expectation applies.

Rule 803-Hearsay Exceptions (Available Declarant)

Certain statements are admissible even if the speaker is available, such as admissions or business records.

Rule 804-Unavailable Witness

Some hearsay exceptions apply only when the declarant cannot testify.

Rule 805-Hearsay Within Hearsay

Each level of hearsay must qualify under its own exception.

Rule 806-Credibility of Declarant

Once hearsay is admitted, the declarant’s credibility may be attacked as if they were a live witness.

Rule 901-Authentication

Evidence must be shown to be what the party claims it is.

Rule 902-Self-Authentication

Certain documents are automatically authenticated and need no witness.

Rule 1001-Writings & Originals

Defines what counts as writings, recordings, photographs, originals, and duplicates.

Rule 1003-Duplicates

Duplicates are admissible unless the authenticity is genuinely disputed.

Rule 1005-Public Records

Public records may be proven with certified copies.

Rule 1006-Summaries

Summaries may be used when original materials are too voluminous to examine in court.

Rule 1007-Admissions

Contents of a writing may be proven through the opposing party’s testimony or written admission.

Rule 1008-Role of Court and Jury

The judge decides admissibility, but the jury decides factual disputes about the evidence.