American Mock Trial Association

Midlands Rules of Evidence

Rule 401

Test for Relevant Evidence

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probably than it would be without the evidence; and

(b) the fact is of consequence in determining the action.

Rule 403

Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

More prejudicial than probative

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Rule 404

Character Evidence; Crimes or Other Acts

Character Evidence

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. 

Crimes, Wrongs, or Other Acts

Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

Rule 602

Need for Personal Knowledge

Speculation

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness’s own testimony.

Rule 608

A Witness’s Character for Truthfulness or Untruthfulness

Reputation or Opinion Evidence

A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.

Rule 701

Opinion Testimony by Lay Witness

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

(a) rationally based on the witness’s perception

(b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and

(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Rule 702

Testimony by Expert Witness

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

(a) the expert’s scientific, technical, or specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

Rule 801

Hearsay

Hearsay

An out-of-court state used to prove the truth of the matter asserted

Statements That Are Not Hearsay

(1) A Declarant-Witness’s Prior Statement

(2) An Opposing Party’s Statement

Rule 803

Exceptions to the Rule Against Hearsay

Rule 803(1)

Present Sense Impression

Present Sense Impression

A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

Rule 803(2)

Excited Utterance

Excited Utterance

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

Rule 803(3)

Then-Existing Mental, Emotional, or Physical Condition

Then-Existing Mental, Emotional, or Physical Condition

A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.

Rule 803(4)

Statement Made for Medical Diagnosis or Treatment

Statement Made for Medical Diagnosis or Treatment

A statement that:

(A) is made for—and is reasonably pertinent to—medical diagnosis or treatment; and

(B) describes medical history; past or present symptoms or sensations; their inception; or their general cause.