Midlands Rules of Evidence

AMTA Mock Trial Rules of Evidence 26/27

401

Standard for relevant evidence:

1. has any tendency to make a fact more or less probable

2. the fact is of consequence in determining the action

402

Relevant evidence is admissible unless an exception under US or Midlands says so

403

Relevant evidence may be excluded if its probative value is significantly outweighed by prejudice, confusing the issue, misleading the jury, wasting time, etc.

404(a) (1)

Character evidence is not admissible to be used as proof that a person acted according to that trait/pattern of behavior

404(b)

(1) Evidence of a crime, wrong, or other act is NOT ADMISSIBLE to prove a

person’s character to show they acted in that manner in this instance

(2) This evidence MAY BE admissible for another purpose, such as proving motive, opportunity, etc.

405(a)

Methods of proving character— can prove through testimony of a person’s reputation

405(b)

Methods of proving character— character or a character trait can be proved by relevant specific instances of conduct

406

Routine Practice— Evidence of a person’s habit or an organization’s routine practice can be evidence they acted according to that in a specific scenario. This can be admitted regardless of if corroborated or if there’s no eyewitness.

407

Subsequent Remedial Measures

When measures are taken after an incident to prevent another, evidence of the subsequent measures is not admissible to prove: negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.

BUT the court may admit this evidence for another purpose, such as impeachment or – if disputed – proving ownership, control, or the feasibility of precautionary measures.

408

Compromise offers— can’t admit evidence of a party being willing to settle/compromise to prove/disprove the validity of a certain claim

409

Offering to pay medical expenses— cannot be used as evidence/admission of guilt, doesn’t prove liability

411

Liability insurance— the fact of a person being insured/not insured for liability can’t be used to prove someone acted negligently or wrongly

601

Everyone is competent to testify for trial (unless a certain rule says otherwise)

602

Personal knowledge (need for/lack of)

608(a)

Reputation or opinion— another witness can attack reputation for being dishonest (if no rebuttal witness, WRIT NOT must be provided)

608(b)

Specific acts of dishonesty— if it comes up naturally, fine, but you can’t call one witness to testify about one singular act of dishonesty/for the purpose of proving dishonesty rather than overall character

611(b)

Beyond the scope of re-direct/re-cross

611(c)

Leading

612

Writing can be used to refresh memory

701

opinion testimony by lay witnesses must be based on rational perceptions of the witness, must be helpful to determining a fact, and can’t be based on specialized knowledge

702

testimony by expert witness

704(a)

testimony in the form of opinion or inference is not objectionable just because it embraces the ultimate issue

705

experts can state opinions without first testifying to underlying facts or data. required to disclose if asked on cross though

801(d)(2)

An Opposing Party’s Statement. The statement is offered against an opposing party

and:

(A) was made by the party in an individual or representative capacity;

(B) is one the party manifested that it adopted or believed to be true;

(C) was made by a person whom the party authorized to make a statement on the

subject;

(D) was made by the party’s agent or employee on a matter within the scope of that

relationship and while it existed; or

(E) was made by the party’s coconspirator during and in furtherance of the

conspiracy.

803

Hearsay exceptions:

1. Present sense impression

2. excited utterance

3. Then existing mental, emotional or physical condition c

4. Statement made for medical diagnosis or treatment

5. Recorded recollection

6. records of regularly conducted activity

7. absence of a record of regularly conducted activity

8. Public records

9. public records of vital statistics

10. absence of public record

11. records of religious organizations concerning family history

12. certificates of marriage, baptism, etc

13. family records

14. records of documents that affect an interest in property

15. statements of documents that affect an interest in property

16. statements in ancient documents

17. market reports/commercial publications

18. statements in treaties, periodicals, pamphlets

19. reputation concerning personal or family history

20. reputation concerning boundaries or general history

21. reputation concerning character

22. judgement of a previous conviction

23. Judgments Involving Personal, Family, or General History, or a Boundary.

805

Hearsay within hearsay.