Midlands Rule Recall Drill Set

Rule 101 – Scope; Definitions

Rules apply to all trials in Midlands.
Example: You can’t skip the rules in a civil bench trial.

Rule 102 – Purpose

Ensure fairness, eliminate delays, promote truth.
Example: Judge limits repetitive testimony to keep things moving.

Rule 103 – Rulings on Evidence

Objections must be timely and specific; plain error can be fixed.
Example: Object as soon as the opposing attorney asks the improper question.

Rule 104 – Preliminary Questions

Judge decides admissibility and witness qualifications.
Example: Judge rules on whether an expert can testify before the jury hears the opinion.

Rule 106 – Remainder of Related Writings or Statements

If one side introduces part of a writing, the other can require the rest for fairness.
Example: Opposing counsel reads part of a letter; you require the full letter read.

Rule 201 – Judicial Notice

Court accepts facts that are generally known or easily verified.
Example: Noticing that August 8, 2025, falls on a Friday.

Rule 301 – Presumptions in Civil Cases

Burden of production shifts; burden of proof stays the same.
Example: Presumption of delivery if mail properly addressed.

Rule 401 – Relevant Evidence

Makes a fact more or less probable.
Example: Security footage showing defendant at scene.

Rule 402 – General Admissibility

Relevant evidence is admissible unless excluded.
Example: Admitting phone records showing calls before the crime.

Rule 403 – Excluding Relevant Evidence

Exclude if prejudice substantially outweighs probative value.
Example: Bloody crime scene photo that adds little beyond shock value.

Rule 404(a) – Character Evidence

Can’t prove conduct by character.
Example: “He’s violent, so he hit her.”

Rule 404(b) – Crimes/Other Acts

Past acts only to show motive, plan, etc.
Example: Showing prior break-ins to prove same modus operandi.

Rule 405 – Proving Character

Use reputation/opinion; specific acts only if character is an issue.
Example: Reputation for honesty in a defamation case.

Rule 406 – Habit/Routine

Admissible to show likely conduct.
Example: Always locking the door at night.

Rule 407 – Subsequent Remedial Measures

Not admissible to prove fault.
Example: Installing a safety guard after an injury.

Rule 408 – Compromise Offers

Settlement talks not admissible to prove liability.
Example: Offering $5,000 to settle can’t be used as proof of guilt.

Rule 409 – Medical Expenses

Offers to pay bills can’t prove liability.
Example: “I’ll cover your hospital costs” is inadmissible for fault.

Rule 410 – Pleas/Plea Discussions

Withdrawn pleas not admissible.
Example: Cannot use withdrawn guilty plea in trial.

Rule 411 – Liability Insurance

Insurance evidence not admissible to prove negligence.
Example: Saying defendant had insurance to show they were careless.

Rule 501 – Privileges in General

Only recognized privileges apply.
Example: Attorney–client, spousal.

Rule 601 – Competency

Everyone presumed competent unless rules say otherwise.
Example: A 10-year-old can testify if they understand truthfulness.

Rule 602 – Personal Knowledge

Witness must have firsthand knowledge.
Example: “I saw him take the bag,” not “I heard someone say…”

Rule 603 – Oath or Affirmation

Witness must promise to tell truth.
Example: Sworn in before testimony.

Rule 605 – Judge as Witness

Judge can’t testify.
Example: Judge can’t confirm facts from the bench.

Rule 607 – Who May Impeach

Any party may attack credibility.
Example: Impeaching your own witness’s accuracy.

Rule 608 – Character for Truthfulness

Can support only after attacked; use opinion/reputation.
Example: Bringing up honesty after cross-exam attacks it.

Rule 609 – Impeachment by Criminal Conviction

Felonies or dishonest acts admissible with limits.
Example: Fraud conviction to impeach credibility.

Rule 610 – Religious Beliefs

Can’t use to affect credibility.
Example: “Because you’re religious, you must be honest.”

Rule 611 – Mode & Order of Examining Witnesses

Judge controls order; limits leading.
Example: Leading on direct only with hostile witness.

Rule 612 – Refreshing Memory

Can use writings to refresh recollection.
Example: Showing report to witness to help recall details.

Rule 613 – Prior Statements

Show to opposing counsel on request.
Example: Using deposition testimony for impeachment.

Rule 701 – Lay Opinions

Based on perception; not technical.
Example: “He looked nervous.”

Rule 702 – Expert Testimony

Qualified experts with reliable methods.
Example: Forensic scientist on DNA.

Rule 703 – Bases of Expert Opinion

Can rely on otherwise inadmissible data if experts normally do.
Example: Crime lab reports.

Rule 704 – Opinion on Ultimate Issue

Allowed except mental state in criminal case.
Example: Expert can’t say defendant intended to kill.

Rule 705 – Disclosing Facts/Data

Expert need not present basis first; disclose on cross.
Example: Explaining basis after being challenged.

Rule 801 – Hearsay Definitions

Out-of-court statement for truth is hearsay; certain exclusions.
Example: “He said the light was green.”

Rule 802 – Hearsay Rule

Hearsay inadmissible unless exception applies.
Example: Can’t use friend’s statement to prove fact.

Rule 803 – Exceptions (Declarant Available)

Present sense impression, excited utterance, business records.
Example: “He’s got a gun!”

Rule 804 – Exceptions (Unavailable)

Former testimony, dying declarations.
Example: Deposition used when witness died.

Rule 805 – Hearsay Within Hearsay

Both levels must meet exceptions.
Example: Report quoting witness.

Rule 806 – Attacking Declarant’s Credibility

Can impeach declarant of hearsay.
Example: Show bias of absent witness.

Rule 901 – Authentication

Must prove evidence is what it claims to be.
Example: Witness identifies photo they took.

Rule 902 – Self-Authenticating

No witness needed for certain docs.
Example: Certified public record.

Rule 1002 – Best Evidence Rule

Original required to prove content.
Example: Must show original contract.

Rule 1003 – Duplicates

Allowed unless authenticity questioned.
Example: Photocopy of receipt.

Rule 1004 – Admissibility of Other Evidence

Allowed if original lost/destroyed not in bad faith.
Example: Scanned copy after fire.

Rule 1006 – Summaries

Allowed if originals available for inspection.
Example: Chart summarizing 1,000 invoices.

Rule 1101 – Applicability

Rules apply in trials; not openings/closings.
Example: Narrative allowed in opening.

Rule 1102 – Amendments

Rules set by AMTA Board.

Rule 1103 – Title

Called “Midlands Rules of Evidence.”