Midlands Rules of Evidence – Core Vocabulary

A comprehensive set of 60 vocabulary flashcards covering essential definitions, rule titles, and key principles from the Midlands Rules of Evidence to aid exam preparation.

Rule 101 – Scope

Midlands Rules of Evidence apply to all court proceedings in the State of Midlands unless Rule 1101 states an exception.

Civil Case (Rule 101(b)(1))

A civil action or proceeding.

Criminal Case (Rule 101(b)(2))

Includes any criminal proceeding.

Public Office (Rule 101(b)(3))

Includes a public agency.

Record (Rule 101(b)(4))

A memorandum, report, or data compilation, including electronic information.

Rule 102 – Purpose

Rules must be construed to ensure fairness, avoid unjustifiable expense or delay, and promote truth-seeking.

Rule 103 – Preserving Error

A party must object or offer proof to preserve a claim of error in an evidentiary ruling.

Rule 104(a) – Preliminary Questions

Judge decides admissibility, privileges, and witness qualification without being bound by evidence rules (except privilege).

Rule 104(b) – Conditional Relevance

Evidence may be admitted if later proof supports the fact on which relevance depends.

Rule 106 – Rule of Completeness

When part of a writing or recording is introduced, the adverse party may require related parts to be introduced contemporaneously.

Rule 201 – Judicial Notice

Court may recognize a fact not subject to reasonable dispute because it is generally known or easily verified.

Rule 301 – Civil Presumptions

Party against whom a presumption is directed bears the burden of producing evidence to rebut, but burden of persuasion stays put.

Rule 401 – Relevance Test

Evidence is relevant if it makes a consequential fact more or less probable.

Rule 402 – General Admissibility

Relevant evidence is admissible unless another rule, the U.S. Constitution, or Midlands law excludes it.

Rule 403 – Balancing Test

Court may exclude relevant evidence if probative value is substantially outweighed by dangers like unfair prejudice or waste of time.

Rule 404(a)(1) – Character Evidence Ban

Character evidence is not admissible to prove conduct on a particular occasion.

Rule 404(a)(2) – Criminal Defendant/Victim Exception

Defendant may offer pertinent trait evidence; prosecution may rebut if notice given at Captains’ Meeting.

Rule 404(b)(2) – Other Acts (MIMIC)

Crimes, wrongs, or other acts may be used to prove motive, intent, plan, identity, etc., with prior notice.

Rule 405(a) – Reputation or Opinion

When character evidence is admissible, it may be proved by reputation or opinion testimony; cross may ask about specifics.

Rule 405(b) – Specific Instances

Specific acts may prove character only when character is an essential element of charge, claim, or defense.

Rule 406 – Habit

Habit or routine practice evidence is admissible to show conduct in conformity therewith.

Rule 407 – Subsequent Remedial Measures

Post-injury safety steps are inadmissible to prove negligence or defect but may show ownership, control, or feasibility.

Rule 408 – Compromise Offers

Settlement offers and related statements cannot prove liability or amount but may prove bias or obstruction.

Rule 409 – Medical Payments

Offers to pay medical expenses are inadmissible to prove liability.

Rule 410 – Pleas & Discussions

Withdrawn guilty pleas, nolo pleas, and certain plea statements are inadmissible against the defendant.

Rule 411 – Liability Insurance

Evidence of insurance coverage is inadmissible to prove negligence but may show bias or ownership.

Rule 501 – Privileges

Only privileges recognized by Midlands statutes or case law apply.

Rule 601 – Competency

Every person is competent to testify unless rules provide otherwise.

Rule 602 – Personal Knowledge

A witness must have sufficient evidence of personal knowledge to testify on a matter.

Rule 603 – Oath

Witnesses are presumed sworn to testify truthfully.

Rule 607 – Who May Impeach

Any party, including the one that called the witness, may attack credibility.

Rule 608(a) – Character for Truthfulness

Credibility may be attacked or supported by reputation or opinion testimony about truthfulness; truthful character only after attack.

Rule 608(b) – Specific Conduct

Extrinsic evidence of specific acts cannot prove truthfulness, but cross-examination may inquire into them.

Rule 609 – Impeachment by Conviction

Certain criminal convictions may be admitted to attack a witness’s character for truthfulness, subject to Rule 403 and time limits.

Rule 610 – Religious Beliefs

Religious opinions cannot be used to attack or support credibility.

Rule 611(b) – Scope of Examination

Initial cross is not limited by direct; redirect and recross must stay within the immediately preceding scope & credibility.

Rule 612 – Refreshing Memory

A witness may use any AMTA-provided material to refresh recollection.

Rule 613 – Prior Statements

Extrinsic proof of a prior inconsistent statement is admissible after the witness can explain or deny it.

Rule 615 – Excluding Witnesses

At request, court must constructively exclude witnesses from hearing others’ testimony, with listed exceptions.

Rule 701 – Lay Opinion

Non-expert opinion must be rationally based on perception, helpful, and not specialized knowledge.

Rule 702 – Expert Testimony

An expert may testify if knowledge helps the trier, is based on sufficient data, uses reliable methods, and applies them reliably.

Rule 703 – Bases of Expert Opinion

Experts may rely on inadmissible facts if reasonably relied upon in the field; disclosure requires probative value > prejudice.

Rule 704(a) – Ultimate Issue

Opinions are not objectionable solely for embracing the ultimate issue.

Rule 704(b) – Mental State Exception

Experts in criminal cases cannot opine on whether defendant had the mental state constituting an element of the crime.

Rule 705 – Disclosing Data

Expert may state opinion without first detailing facts but must disclose on cross if required.

Rule 801(c) – Hearsay Definition

An out-of-court statement offered to prove the truth of the matter asserted.

Rule 801(d) – Not Hearsay

Includes certain prior statements of a declarant-witness and opposing-party statements.

Rule 802 – Hearsay Rule

Hearsay is inadmissible unless an exception or rule permits.

Rule 803(1) – Present Sense Impression

Statement describing an event made while or immediately after perceiving it; exception to hearsay.

Rule 803(2) – Excited Utterance

Statement about a startling event made under stress of excitement.

Rule 803(3) – Then-Existing Condition

Statement of current mental, emotional, or physical condition.

Rule 803(4) – Medical Diagnosis

Statements made for and pertinent to medical diagnosis or treatment.

Rule 803(6) – Business Records

Records made in the regular course of business, kept regularly, and trustworthy.

Rule 804(a) – Unavailability

Lists situations (privilege, refusal, memory loss, death/illness, absence) where a declarant is considered unavailable.

Rule 804(b)(3) – Statement Against Interest

Unavailability exception for statements so self-damaging that a reasonable person wouldn’t have made them unless true.

Rule 805 – Hearsay within Hearsay

Admissible if each layer fits an exception.

Rule 901 – Authentication

Proponent must produce proof that evidence is what it claims to be.

Rule 902 – Self-Authenticating

Certain documents (public, certified records, newspapers, trade inscriptions, etc.) need no extrinsic authentication.

Rule 1001 – Best Evidence Definitions

Defines writing, recording, photograph, original, and duplicate.

Rule 1002 – Requirement of Original

Original is required to prove content unless a rule or statute provides otherwise.

Rule 1003 – Duplicates

Duplicates are admissible unless authenticity is questioned or unfairness exists.

Rule 1004 – Other Evidence of Content

Original not required when originals are lost, unavailable, controlled by opponent, or not closely related to the issue.

Rule 1006 – Summaries

Summaries or charts may prove contents of voluminous material if originals are available for inspection.

Rule 1008 – Jury Functions

In a jury trial, the jury decides disputes over existence or accuracy of writings under Rule 104(b).

Rule 1101 – Applicability

Rules apply to all civil and criminal proceedings in Midlands courts unless an exception states otherwise.

Rule 1103 – Title

These rules are formally cited as the Midlands Rules of Evidence.