Georgia High School Mock Trial Competition Rules of Evidence Flashcards

Flashcards covering the key vocabulary and rules from the Georgia High School Mock Trial Competition Rules of Evidence.

Rule 101. Scope

These rules govern proceedings in the Georgia Mock Trial Competition.

Rule 102. Purpose and Construction

These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.

Rule 105. Limited Admissibility

If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Rule 106. Remainder of or Related Writings or Recorded Statements

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part – any other writing or recorded statement – that in fairness ought to be considered at the same time.

Rule 201. Judicial Notice of Adjudicative Facts

This rule governs judicial notice of an adjudicative fact only, not a legislative fact.

Judicial Notice

The court may judicially notice a fact that is not subject to reasonable dispute because it is a matter of mathematical or scientific certainty.

Rule 301. Presumptions in General in Civil Actions and Proceedings

A presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of non-persuasion, which remains throughout the trial upon the party on whom it was originally cast.

Rule 401. Test for Relevant Evidence

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

Rule 402. General Admissibility of Relevant Evidence

Relevant evidence is admissible unless these rules provide otherwise. Irrelevant evidence is not admissible.

Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of 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

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.

Rule 405. Methods of Proving Character

When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion.

Rule 406. Habit, Routine Practice

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice.

Rule 407. Subsequent Remedial Measures

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.

Rule 408. Compromise Offers and Negotiations

Evidence of furnishing, promising, or offering — or accepting, promising to accept, or offering to accept — a valuable consideration in compromising or attempting to compromise the claim is not admissible to prove or disprove the validity or amount of a disputed claim.

Rule 409. Offers to Pay Medical and Similar Expenses

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Rule 410. Pleas, Plea Discussions, and Related Statements

In a civil or criminal case, evidence of a guilty plea that was later withdrawn, a nolo contendere plea, or statements made during plea discussions is not admissible against the defendant who made the plea or participated in the plea discussions.

Rule 411. Liability Insurance

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully.

Rule 501. General Rule

There are certain admissions and communications excluded from evidence on grounds of public policy, including communications between spouses, attorney and client, grand jurors, secrets of state, and medical or mental health care providers and patient.

Rule 601. General Rule of Competency

Every person is competent to be a witness.

Rule 602. Need for Personal Knowledge

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.

Rule 603. Oath or Affirmation

Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation.

Rule 607. Who May Impeach a Witness

Any party, including the party that called the witness, may attack the witness’s credibility.

Rule 608. A Witness’s Character for Truthfulness or Untruthfulness

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.

Rule 609. Impeachment by Evidence of a Criminal Conviction

The rules that apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction.

Rule 610. Religious Beliefs or Opinions

Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.

Rule 611. Mode and Order of Interrogation and Presentation

The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence to determine the truth, avoid wasting time, and protect witnesses from harassment or undue embarrassment.

Rule 612. Writing Used to Refresh a Witness’s Memory

An adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony.

Rule 613. Witness’s Prior Statement

When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness, but must show it or disclose its contents to an adverse party’s attorney on request.

Rule 701. Opinion Testimony by Lay Witness

Testimony in the form of an opinion is limited to one that is rationally based on the witness’s perception, helpful to clearly understanding the witness’s testimony or to determining a fact in issue, and not based on scientific, technical, or other specialized knowledge.

Rule 702. Testimony by Experts

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 expert’s knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

Rule 703. Bases of an Expert’s Opinion Testimony

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.

Rule 704. Opinion on Ultimate Issue

An opinion is not objectionable just because it embraces an ultimate issue, except in a criminal case where an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged.

Rule 705. Disclosing the Facts or Data Underlying An Expert’s Opinion

An expert may state an opinion and give the reasons for it without first testifying to the underlying facts or data, but may be required to disclose those facts or data on cross-examination.

Rule 801. Definitions

Statement means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. Declarant means the person who made the statement. Hearsay means a statement that the declarant does not make while testifying at the current trial or hearing.

Rule 802. Hearsay Rule

Hearsay is not admissible except as provided by these Rules.

Rule 803. Exceptions to the Rule Against Hearsay

The following are not excluded by the hearsay rule, regardless of whether the declarant is available as a witness: Present Sense Impression, Excited Utterance, Then-Existing Mental, Emotional, or Physical Condition, Statement Made for Medical Diagnosis or Treatment, Recorded Recollection, Records of a Regularly Conducted Activity, Public Records, Statements in Ancient Documents, Statements in Learned Treatises, Periodicals, or Pamphlets, Reputation Concerning Character, Judgment of a Previous Conviction.

Rule 804. Hearsay Exceptions; Declarant Unavailable

A declarant is considered to be unavailable as a witness if they are exempted from testifying, refuse to testify, testifies to not remembering, cannot be present due to death or illness, or is absent from the trial.

Rule 805. Hearsay within Hearsay

Hearsay included within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.

Rule 806. Attacking and Supporting Credibility

When a hearsay statement has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness.

Rule 807. Residual Exception

Under certain conditions, a hearsay statement not covered by other exceptions may be admissible if it has guarantees of trustworthiness and is more probative than other available evidence.

Rule 1103. Title

These rules may be known and cited as the Georgia High School Mock Trial Competition Rules of Evidence.