Mock Trial MRE (Rules of Evidence)

Rule 401

Test for Relevant Evidence:

Test for Relevant Evidence

Evidence is relevant if it has the tendency to make a fact more or less probable (than it would be without the evidence) and the fact is of consequence in determining the action

Rule 403

Relevant evidence may be excluded if its probative value is substantially outweighed by (unfair prejudice, undue delay, wasting time, confusing the issue, misleading the jury, or needlessly presenting cumulative evidence)

Rule 404

Character Evidence

Rule 404 A 1

(Prohibited uses of Character Evidence) Character evidence is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait

Rule 404 A 2

(Exceptions for Defendant or Victim in a Criminal Case)

A. The defense can offer evidence of the defendants' character and that opens the door for the prosecution to rebut it.
B. If the defense offers evidence about the victim's alleged trait then the prosecution can offer evidence to rebut it AND offer evidence of the same trait in the defendant

Rule 404 B

(Crimes, Wrongs, or Other Acts)

2. Admissable to prove motive, intent, opportunity, preparation, plan, knowledge, identity, absence of mistake, or lack of accident

Rule 405

(Methods of Proving Character)

A. Repuatation or Opinion
B. Specific Instance of Conduct

Rule 602

(Need for Personal Knowledge)

A witness cannot testify to a matter outside their personal knowledge (what is stated in their affidavit)

Rule 608

(Witness's Character for Truthfulness or Untruthfulness)

A. Reputation or Opinion (evidence of truthful character is admissible only after the witness's character for truthfulness has been attacked)
B. Specific Instances of Conduct

Rule 611 B

(Scope of Cross-Examination)

The inital cross-examination may go beyond the scope of the direct examination

Rule 615

(Excluding a Witness)

Call for the constructive exclusion of witnesses

Rule 701

(Opinion Testimony of a Lay Witness)

Speculation

If a witness is not testifying as an expert their testimony in the form of an opinion is limited to:
a. rationally based on the witness's perception
b. helpful to clearly understand the witness's testimony or determining the fact in issue
c. not based on scientific, technical, or other specialized knowledge (within the scope of Rule 702)

Rule 702

(Testimony by Expert Witness)

Can testify in the form of an opinion of an Expert witness if:
a. the expert's scientific, technical, or other specialized knowledge will help the trier of the fact to better understand the evidence or determine the fact in issue
b. testimony is based on significant facts or data
c. the testimony is the product of reliable principles and methods AND
d. the expert has reliably

Rule 704 A

(Opinion on an Ultimate Issue)

In general- not automatically objectionable

Rule 704 B

(Opinion on an Ultimate Issue)

The Exception- in a criminal case experts cannot state an opinion about whether the defendant did or did not have a mental state condition that constitutes an element of the crime charged or of a defense

Rule 801

(Definition of Hearsay)

An out of court statement used to prove the truth of the matter asserted

Rule 801 D

(Statements that are "Not Hearsay")

1. Declant-witness's prior statement
2. Statement of a Party Oponent
3. statement made by the co-conspirator of a party oponent

Rule 803 1

Present Sense Impression

Rule 803 2

Excited Utterance

Rule 803 3

Then-Existing Mental, Emotional, or Physical Condition

Rule 803 4

Statement Made for Medical Diagnosis or Treatment

Rule 803 12

Certificate of Marriage, Baptism, and Similar Ceremonies

Rule 803 14

Records of Documents that Affect an Interest in Property

Rule 804 A

Hearsay Exception- Declarant Unavailable

Criterial for being unavailable

Rule 804 B

1. Former Testimony
3. Statement Against Interest

Rule 101

Scope

Rule 610

Religious Beliefs

Rule 803 6

Records of a Regularly Conducted Activity

Rule 803 8

Public Records