Mock Trial Rules Of Evidence:

ARTICLE I. GENERAL PROVISIONS

This article governs the scope of the Simplified Rules of Evidence and Procedure for the Mock Trial Program.

Rule 101. Scope

These Simplified Rules of Evidence and Procedure govern the trial proceedings of the Mock Trial Program. The only rules of evidence that may be cited are those included here.

Rule 102. Objections Beyond the Scope of These Rules

An objection which is not contained or referred to in these Simplified Rules of Evidence and Procedure shall not be considered by the court.

ARTICLE II. MODE AND ORDER OF INTERROGATION AND PRESENTATION

This article sets forth the rules governing how witnesses are questioned and how testimony is presented during the trial.

Rule 201. Form of Question During Direct Examination

On direct examination, witnesses may not be asked leading questions except as may be necessary to elicit background information.

Leading Question

A question that suggests to the witness the answer desired by the examiner, often suggesting a 'yes' or 'no' answer.

Rule 202. Scope of Direct Examination

Direct examination may cover any relevant facts about which the witness has personal knowledge.

Rule 203. Narration (a) Questions Calling for Narrative Testimony

Questions on direct examination must ask for specific information and may not be so broad that the witness is invited to wander.

Rule 203. Narration (b) Narrative and Non-responsive Answers

The witness’ answer may not exceed the facts about which the question was asked.

Rule 204. Form of Question During Cross-Examination

On cross-examination, an attorney may ask leading questions of the opponent’s witness.

Rule 205. Scope of Cross-examination

Cross-examination may cover relevant facts known to the witness or matters relating to the credibility of the witness.

Rule 206. Redirect Examination

A maximum of three additional questions may be asked by the direct examining attorney after cross-examination.

Rule 207. Re-cross-examination

After redirect examination, a maximum of three further questions may be asked by the cross-examining attorney.

Rule 208. Recalling Witnesses Prohibited

After a witness has been excused, they may not be recalled by either party.

ARTICLE III. INVENTION OF FACTS (Special Rules for Mock Trial Program)

This article governs the creation of facts in the Mock Trial Program.

Rule 301. “Invented Fact” Defined

An invented fact is a material fact not found in the stipulations or evidence, and not a reasonable extrapolation.

Fair and Reasonable Extrapolation

An inference that does not materially affect the outcome of the case and must be reasonably inferred.

Unfair and/or Unreasonable Extrapolation

An inference requiring unsupported assumptions about knowledge not in the witness’s affidavit.

Rule 302. Invention of Facts on Direct Examination

Witnesses may testify to facts in their affidavit and those based on personal knowledge.

Rule 303(a). Traditional Impeachment

A witness testifying in contradiction to their affidavit may be impeached during cross-examination.

Rule 303(b). Objection Raised at Bench Conference

Opposing counsel may request a bench conference to object to an invented fact during testimony.

Rule 304. Invention of Facts on Cross-examination

A witness may respond to questions not contained in case materials, provided their answer is responsive.

Rule 304. Failure to Adopt Facts

A witness cannot be impeached for not adopting facts from another affidavit.

ARTICLE IV. RELEVANCE

This article defines "Relevant Evidence" and outlines when evidence must be excluded.

Rule 401. Definition of “Relevant Evidence”

Relevant evidence tends to make the existence of any consequential fact more or less probable.

Rule 402. Irrelevant Evidence Inadmissible

Irrelevant evidence is not admissible, while relevant evidence is admissible unless otherwise stated.

Rule 403. Exclusion of Relevant Evidence

Relevant evidence may be excluded if its probative value is outweighed by prejudice, confusion, or waste.

Rule 404. Character Evidence not Admissible to Prove Conduct

Evidence of character traits is not admissible to prove actions in conformity, with specific exceptions.

Admissibility of Other Crimes/Wrongs Evidence

Other crimes or wrongs are generally not admissible to prove actions unless for other specific purposes.

Rule 405(a). Methods of Proving Character (Reputation or Opinion)

In cases where character evidence is admissible, proof may be made via reputation or opinion.

Rule 405(b). Methods of Proving Character (Specific Instances of Conduct)

In certain cases, proof may also be made of specific instances of conduct.

Rule 406. Subsequent Remedial Measures

Subsequent measures taken after an event are not admissible to prove negligence or culpable conduct.

Rule 407. Compromise and Offers to Compromise

Evidence of compromise or offers to compromise is not admissible to prove liability.

ARTICLE V. PHYSICAL EVIDENCE

This article covers the introduction and use of physical evidence at trial.

Rule 501. Prerequisites for Admission of Physical Evidence

Physical evidence may be introduced if relevant and identified or if the identification is stipulated.

Authenticity of Physical Evidence

A document's authenticity means it is what it appears to be, not that the statements are true.

Rule 502. Procedure for Introducing Physical Evidence (Identification)

The procedure involves showing the exhibit to opposing counsel and asking the judge to mark the exhibit.

Rule 502. Procedure for Introducing Physical Evidence (Admission)

After establishing relevance, the attorney offers the exhibit into evidence.

Rule 503. Use of a Writing to Refresh Recollection

An attorney may show a document to help witness recall information without introducing it into evidence.

Rule 504. Publishing Documents to the Court

Once a document is admitted, counsel may publish portions by reading them aloud.

Rule 505. Use of a Witness’ Affidavit to Impeach

A witness may be questioned about their affidavit, and if contradicted, it may be entered into evidence.

ARTICLE VI. WITNESSES

This article establishes standards for witness competency and credibility.

Rule 601. General Rule of Competency

Every person is presumed competent to be a witness.

Rule 602. Lack of Personal Knowledge

A witness may not testify unless they have personal knowledge of the matter.

Rule 603. Who May Impeach

Any party may attack a witness's credibility.

Rule 604(a). Evidence of Character and Conduct of a Witness

Credibility may be attacked or supported by opinion or reputation, referencing truthfulness.

Rule 604(b). Specific Instances of Conduct

Specific instances of conduct may not be used to support or attack credibility, except on cross-examination.

Rule 605. Impeachment by Evidence of Conviction of Crime

Evidence of a felony conviction may be admitted for credibility attack if its probative value outweighs prejudice.

Rule 606. Religious Beliefs or Opinions

Evidence of a witness's religious beliefs is not admissible for credibility impairment.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

This article governs the admissibility of opinions from lay and expert witnesses.

Rule 701. Opinion Testimony by Lay Witnesses

Lay witness opinions must be rationally based on their perception and helpful to understanding.

Rule 702. Testimony by Experts

Experts may testify if their specialized knowledge assists the trier of fact, provided they are qualified.

Rule 703. Bases of Opinion Testimony by Experts

An expert’s opinion may be based on facts that need not be admissible in evidence.

Rule 704(a). Opinion on the Ultimate Issue

Opinion testimony is not objectionable solely because it embraces an issue for the trier of fact.

Rule 704(b). Opinion on Guilt or Innocence in a Criminal Case

An expert witness may not express an opinion on the guilt or innocence of the accused.

ARTICLE VIII. HEARSAY

This article defines hearsay and rules regarding its admissibility.

Rule 801(a). Statement

A statement is an assertion made by a person that may be oral, written, or nonverbal.

Rule 801(c). Hearsay

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted.

Statements not Offered for the Truth of the Matter Asserted

Statements offered for purposes other than truth are not hearsay.

Rule 801(d)(1). Prior statement by witness (Not Hearsay)

Not hearsay if declarant testifies and is subject to cross-examination.

Rule 801(d)(2). Statement by a party-opponent (Not Hearsay)

Not hearsay if offered against a party and meets specific conditions.

Rule 802. Hearsay Rule

Hearsay is not admissible unless provided by these rules.

Rule 803(1). Hearsay Exception: Present Sense Impression

Statement made while perceiving an event is not hearsay.

Rule 803(2). Hearsay Exception: Spontaneous Exclamation (Excited Utterance)

Statement made under excitement is admissible.

Rule 803(3). Hearsay Exception: Then-existing mental, emotional or physical conditions

Statement of declarant’s then-existing state of mind is admissible.

Rule 803(6). Hearsay Exception: Business Records

Business records are admissible if made in the regular course of business.

Rule 803(7). Hearsay Exception: Learned Treatises

Statements from reliable treatises are admissible for expert cross-examination.

Rule 804(a). Definition of Unavailability

Unavailability includes privilege, lack of memory, or inability to testify due to illness.

Rule 804(b)(1). Hearsay Exception: Former testimony

Testimony given at another proceeding is admissible if the party had motive to develop it.

Rule 804(b)(2). Hearsay Exception: Statement under belief of impending death

Statement made while believing death imminent is admissible.

Rule 804(b)(3). Hearsay Exception: Statement against interest

Statement contrary to interest is admissible if believed true.

Rule 805. Hearsay within Hearsay

Hearsay included within hearsay is admissible if each part conforms to an exception.

ARTICLE IX. PROCEDURAL RULES

This article governs procedural aspects of the mock trial, including objections and motions.

Rule 901. Authority to object (During Examinations)

Objections must be made by the attorney examining or cross-examining the witness.

Rule 901. Authority to object (During Arguments)

Objections during opening or closing arguments must be made by opposing counsel.

Rule 903. Motion to Strike

The opposing counsel may ask the judge to strike objectionable testimony.

Rule 904. Other Motions

Motions not specified in the rules are not allowed.

Rule 905. Closing Arguments

Closing arguments must be based on trial evidence and testimony.