Georgia Mock Trial Rules of Evidence (copy)

102

Purpose: Made to administer fair proceedings, secure just determination, ascertain truth.

105

Limited admissibility (redacting evidence)

106

Remainder of 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.

201 (a)

Governs judicial notice of adjudicative fact, not legislative fact.

201 (b)

Court may notice facts that are of scientific or mathematical certainty. (2 + 2 = 4)

201 (c)

Court must take judicial notice if a party requests it and the court is supplied with proper information.

201 (d)

Court may take judicial notice at any stage of trial.

201 (e)

Party is entitled to be heard on propriety of taking judicial notice/nature of fact being noticed.

401 (a)

Evidence is relevant if it makes a fact more probable than without the evidence.

401 (b)

Evidence is relevant if the fact is of consequence in determining the action.

402

Relevant evidence is admissible unless said otherwise. Irrelevant evidence is not admissible.

403

Court may exclude relevant evidence if probative value is outweighed by danger of unfair prejudice, confusing issues, misleading jury, undue delay, wasting time, needlessly presenting cumulative evidence.

404

Character evidence

404 (a) (1)

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

404 (a) (2) (A)

Defendant MAY offer evidence of the defendant's pertinent trait, if admitted, prosecutor may rebut.

404 (a) (2) (B)

Defendant may offer evidence of victim's pertinent trait, if admitted, prosecutor may rebut.

404 (a) (3)

Evidence of a witness's character may be admitted under 607, 608, and 609. (Witness credibility)

404 (b) (1)

Evidence of a crime, wrong, etc. is not admissible to prove a person's character to show that they acted in accordance with that character.

404 (b) (2)

Evidence or crime, wrong, etc. is admissible for another purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

405 (a)

When character evidence is admissible it may be proved by testimony in the form of an opinion. On cross, court may allow inquiry into specific instances.

405 (b)

When a person's character is an essential element of a charge, claim, or defense, specific instances of conduct are admissible.

406

Evidence of a habit or routine practice is admissible prove that a person or organization acted in accordance with the same.

602

A witness may testify to a matter only if evidence is introduced to support a finding that the witness has personal knowledge of the matter. May include witness's own testimony. Does not apply to expert testimony under 703.

611 (a)

Court should exercise reasonable control over presentation of witnesses and evidence to make procedures effective for determining the truth, avoid wasting time, and protect witnesses from harassment or embarrassment.

611 (b)

Scope of cross examination is not limited to scope of direct examination, including all reasonable inferences that can be drawn from those facts and matters, and may inquire into any omissions from the witness statement that are otherwise material and admissible.

611 (c)

Leading questions should not be used on direct except to develop testimony. Leading questions are allowed on cross or on adverse witnesses.

611 (d)

Redirect/Re-cross is permitted, but must be limited to scope of cross and redirect, respectively.

612

If writing is used to refresh memory, adverse party may examine and question the witness on the writing.

701 (a)

If a witness is not testifying as an expert, testimony in the form of an opinion must be rationally based on witness's perception.

701 (b)

Testimony in the form of an opinion is limited to one that is helpful to understanding the witness’ testimony or to determining a fact in issue.

701 (c)

Not based on scientific, technical, or other specialized knowledge within the scope of rule 702.

702 (a)

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 scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

702 (b)

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 testimony is based on sufficient facts or data.

703

If facts required for an expert to form an opinion would normally be inadmissible, the opinion is admissible if the facts are those normally required for an expert to form an opinion. Otherwise, the expert may disclose the facts only if their probative value is outweighed by prejudicial effect.

704 (a)

An opinion is not automatically objectionable just because it embraces an ultimate issues.

705

Unless ordered otherwise by the court, an expert may state an opinion without testifying as to the underlying facts. They may be inquired upon in cross.

801

Hearsay is a statement that a party offers in evidence to prove the truth of the matter asserted in the statement, when the declarant does not testify.

801 (d) (1)

Not hearsay: a declarant witness's prior statement

801 (d) (2)

Not hearsay: an opposing party's statement

801 (d) (2) (d)

The statement is offered against an opposing party and was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed.

802

Hearsay is not permitted except as provided by below rules.

803 (1)

Hearsay exceptions: Present sense impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

803 (2)

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

803 (6)

Hearsay exceptions: Records of regularly conducted activity

804 (a)

Hearsay exceptions; declarant unavailable: Criteria for being unavailable

804 (b) (3) (a)

Statement against interest. A statement that: a reasonable person in the declarant’s position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant’s proprietary or pecuniary interest or had so great a tendency to invalidate the declarant’s claim against someone else or to expose the declarant to civil or criminal liability.

804 (b) (3) (b)

A statement that: is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability.

805

Hearsay within hearsay is not excluded by the rule against hearsay if both instances meet a hearsay exception.

807 (1)

Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in Rule 803 or 804: The statement is supported by sufficient guarantees of trustworthiness – after considering the totality of circumstances under which it was made and evidence, if any, corroborating the statement.

807 (2)

Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in Rule 803 or 804: It is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.

3 (a)

Each witness is bound by their statement, and/or exhibits related to his/her testimony. Fair extrapolations are allowed, so long as they are consistent with the witness’s statement. On direct, it is subject to objection under rule 4.

3 (b)

If asked for information beyond the scope of the material facts on cross, the witness may choose to not respond, and any response given must be consistent with the witness’s statement.

3 (c)

Witnesses are prohibited from responding with new material facts not contained in or consistent with the stipulations, witness’ statement, or any relevant exhibit.

3 (d)

A witness is not bound by facts contained in other witness statements or testimony of other witnesses presented during the trial.

4 (a) (1)

A fair extrapolation is one that provides no advantage to either side.

4 (a) (2)

An unfair extrapolation is one that materially affects the witness’ testimony or any substantive issue of the case and provides an advantage to one side

4 (c)

Attorney’s during cross examination may inquire into the absence or omission of evidence from case materials. See rule 611 (b). If a witness is asked for information not contained in the case, the answer must be consistent with case materials.

6

No voir dire of a witness is permitted.

23 (a)

No team will be allowed to use illustrative aids. (Except under the Q&A report)

23 (c)

Only team roster forms and individual exhibits as they are introduced into evidence are allowed to be shown to the presiding judge or judging panel.

43

The stipulations, the indictment/complaint and answer, and the Charge of the Court will not be read into the record. Teams are permitted to request that a certain stipulation be read aloud to the jury panel, and whether to grant or deny the request is within the discretion of the presiding judge.

47 (a)

Argumentative - an attorney shall not ask a question which asks the witness to agree to a conclusion drawn by questions without eliciting testimony as to new facts; provided, however, that the Court may in its discretion allow limited use of argumentative questions on cross examination.

47 (b)

Ambiguous Questions—An attorney shall not ask questions that are capable of being understood in two or more possible ways.

47 (c)

Non-Responsive Answer—A witness’ answer is objectionable if it fails to respond to the question asked.

48

An attorney shall not ask a question that assumes unproved facts. However, an expert witness may be asked a question based upon stated assumptions, the truth of which is reasonably supported by the evidence.

49

Attorneys shall lay a proper foundation prior to moving admission of evidence. After the motion has been made, the exhibits may still be objectionable on other grounds.

53 (c)

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