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Rule 101:
(a) (b)
Rule 101: Scope, Definitions
(a) Scope: rule apply to midlands court
(b) Definitions
civil case
criminal case
public office
record
rule by midlands court
reference to written material includes electronic ones
Rule 102
Rule 102: Purpose: to administer the proceeding fairly, and attain the truth
Rule 103:
(a) (b) (d) (e)
Rule 103: Rulings on Evidence
(a): Preserving a claim of error
(b) Not needing to renew an objection or offer of proof
(d): preventing the jury from hearing inadmissible evidence
(e) Taking notice of plain error
Rule 104
Rule 104: Preliminary Questions
Rule 106
Rule 106: Remainder of or Related writings or Recorded Statements
party can require a full statement to be considered if only half of it was said
Rule 107
Rule 107: Illustrative Aids
Rule 201
(a) (b) (c) (d) (e) (f)
Rule 201: Judicial Notice of Adjudicative Facts
(a): scope
(b): kinds of facts that may be judicially noticed
(c): taking notice
(d): timing
(e): opportunity to be heard
(f): instructing the jury
Rule 301:
Rule 301: Presumptions in Civil Actions Generally
the party directing the presumption has the burden of producing evidence (prosecution/plaintiff)
Rule 401:
Rule 401: Test for Relevant Evidence
(a) has a tendency to make a fact more or less probable
(B) fact is of consequence in determining action
Rule 402:
Rule 402: General Admissibility of Relevant Evidence
Admissible unless any of the following says other wise
constitution
AMTA rules
other Midlands rules
Rule 403
Rule 403: Excluding Relevant evidence for prejudice, confusion, waste of time, misleading the jury, undue delay, needlessly presenting cumulative evidence
Rule 404
(a) (b)
Rule 404: Character Evidence; Crime or other Acts
(a) character evidence
not admissible to prove that on a particular occasion, a person acted in accordance with the character trait
defense may offer evidence of pertinent traits but the prosecution can offer evidence to rebut it. Defense must notify the court of intent to offer character evidence
(b) Crimes, wrongs, or other acts
prohibited: not permitted to show that a person acted in accordance with the character
permitted: admissble to prove motive, intent, preparation, or
Rule 405
(a) (b)
Rule 405: Methods Proving Character
(a) By Reputation or Opinion
testimony about a person’s reputation or opinion testimony is admissible
(b) By specific Instances of Conduct
character trait may be proved when it is relevant to specific instances of the charge
Rule 406
Rule 406: Habit, Routine, Practice
Evidence of a person’s habit routine or practice is admissible to prove that they acted a certain way on a particular occasion.
Rule 407
Rule 407: Subsequent Remedial Measures
Evidence of measures taken after the fact to make injury less likely are not admissible to prove
negligence, culpable conduct, defect in a product, or a need for warning or instruction
Rule 408
(a) (b)
Rule 408: Compromise, Offers, and Negotiations
(a) Prohibited uses
evidence of offering to accept a thing to compromise a claim is not admissible to prove or disprove the validity of a claim
conduct or a statement made during compromise negotiations about the claim
(b) exceptions
court can admit this evidence to prove bias, undue delay, or effort to obstruct investigation
Rule 409
Rule 409: Offers to pay medical or similar expenses
evidence of offering to pay for medical expenses is not admissible to prove liability for an injury
Rule 410:
(a) (b)
Rule 410: Pleas, Plea Discussions, and Related Statements
(a) Prohibited Uses
evidence of a guilty plea that was later withdrawn, or a nolo contendere plea is not admissible
(b) exceptions
court may admit a statement if the statement was made under oath
Rule 411
Rule 411: Liability Insurance
Evidence of whether a person was or was not insured against liability is not admissible to prove the person acted wrongfully but can be admitted to prove bias
Rule 501:
Rule 501: Privileges in General
only privileges granted by midlands shall be recognized
Rule 601:
Rule 601: Competency to Testify in Trial
every witness is competent unless proven otherwise
Rule 602
Rule 602: Need for Personal Knowledge
A witness cannot testify to a matter unless evidence is shown to prove the witness has personal knowledge of the matter
Rule 603: Oath or Affirmation to Testify Truthfully
a witness shall be presumed to have been sworn in by an oath to testify truthfully
Rule 605:
Rule 605: Judge’s Competency as a Witness
the judge cannot testify as a witness during a trial
Rule 607:
Rule 607: Who may Impeach as Witness
any party (even the one’s that introduced the witness) can attack a witness’s credibility
Rule 608
(a) (b)
Rule 608: A Witness’s Character for Truthfulness or Untruthfulness
(a) Reputation or Opinion evidence: a witness’s credibility can be attacked/supported by testimony about the witness’s reputation
(b) specific instances of conduct: extrinsic evidence is not admissible to prove specific instances of conduct to attack their truthfulness (except for a criminal conviction under rule 609)
Rule 609
(a) (b) (c) (d) (e)
Rule 609: Impeachment by Evidence of a Criminal Conviction
(a) In General
crime that was punishable by death/imprisonment for more than a year must be admitted, subject to rule 403 and its probative value
for any crime the evidence must be admitted if the court can determine the elements of the crime prove a dishonest act or false statement
(b) Limit on Using the Evidence after 10 years
only admissible if its probative value substantially outweighs the prejudicial
(c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation
evidence of a conviction is not admissible if it has been pardoned, annulled, rehabilitation
(d) Juvenile Adjudications
admissible only if it is offered in a criminal case, not about the defendant, necessary to determine guilt/innocence
(e) Pendency of an Appeal
conviction is admissible even if the appeal is pending
Rule 610
Rule 610: Religious Beliefs or Opinions
evidence of religious beliefs is not admissible to attack/support a witness’s credibility
Rule 611:
Rule 611: