Mock Trial 25-26 Notes

Rule 47a

Addresses argumentative questions.

Rule 47b

Addresses ambiguous questions.

Rule 47c

Addresses non-responsive answers during testimony.

Rule 48

Prohibits asking questions that assume unproven facts.

Rule 49

Lack of proper foundation

Rule 403

Allows exclusion of relevant evidence if its prejudicial effect outweighs its probative value.

Rule 404a

Restricts the admissibility of character evidence to prove that a person acted in accordance with that character on a specific occasion.

Rule 404b

Evidence of a crime, wrong, or other act is not admissible to prove the person acted in accordance with the character. It may be used to prove motive, intent, preparation, etc.

Rule 405a

Permits proof of character through reputation or opinion testimony.

Rule 405b

Permits proof of character through specific instances of conduct when character is an essential element of a charge or defense.

Rule 602

Requires personal knowledge for a witness to testify about a matter.

Rule 608a

Allows a witness's credibility to be attacked or supported by testimony about their reputation for truthfulness.

Rule 608b

Restricts the use of extrinsic evidence of specific instances of conduct to attack or support a witness's character for truthfulness.

Rule 609a

Can only attack witness credibility through convictions punishable by death, or imprisonment for more than one year

Rule 609b

Establishes a time limit (generally 10 years) on the use of criminal convictions for impeachment.

Rule 701a

A lay witness's testimony in the form of an opinion is limited to one that is rationally based on the witness's perception.

Rule 701b

A lay witness's testimony in the form of an opinion is limited to one that is helpful to clearly understanding the witness's testimony or to determining a fact in issue.

Rule 701c

A lay witness's testimony in the form of an opinion is limited to one that is not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Rule 702a

An expert witness may testify if their scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

Rule 702b

An expert witness may testify if the testimony is based on sufficient facts or data.

Rule 801c

Defines hearsay as an out-of-court statement offered in evidence to prove the truth of the matter asserted.

Rule 702a

An expert witness may testify if their scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

Rule 702b

An expert witness may testify if the testimony is based on sufficient facts or data.

Rule 801c

Defines hearsay as an out-of-court statement offered in evidence to prove the truth of the matter asserted.

Rule 803

Lists exceptions to hearsay that apply regardless of whether the declarant is available to testify, such as present sense impressions.

Rule 804a

Defines the criteria under which a declarant is considered 'unavailable' to testify (e.g., privilege, death, or illness).

Rule 804b

Lists specific hearsay exceptions that only apply when the declarant is unavailable, such as statements against interest or dying declarations.