Mock Trial Rules of Evidence

Leading Question (Rule 611)

A question that suggests its own answer.

Compound Question

A question that contains two separate inquiries.

Vague Question

A question that is incomprehensible, incomplete, or the answer will be ambiguous.

Argumentative Question

A question that asks the witness to accept the examiner’s summary, inference, or conclusion rather than a fact.

Narratives

The question calls for a narrative answer; the answer does not allow opposing counsel to frame objections.

Asked and Answered

Repeating the same question that has already been addressed.

Assuming Facts Not in Evidence

A question that contains as a predicate a statement of fact not yet proven.

Non-Responsive Answer

The witness's answer does not respond to the specific question asked.

Hearsay (Rule 801(c))

A statement, other than one made by the declarant while testifying at trial, offered in evidence to prove the truth of the matter asserted.

Relevance (Rules 401 & 402)

Evidence that does not make any fact of consequence more or less probable.

Unfair Prejudice (Rule 403)

Probable value of the evidence is substantially outweighed by the danger of unfair prejudice.

Improper Character Evidence (Rule 404(a)(1))

Generally, character evidence can’t be used to prove a person acted in conformity with his or her character on a specific occasion.

Lack of Personal Knowledge (Rule 602)

Witnesses (other than experts) must testify from personal knowledge/sensory perception.

Improper Lay Opinion (Rule 701)

Lay witnesses cannot testify as to opinions, conclusions, or inferences (must be rationally based on perception).

Speculation

A witness cannot be asked to speculate or guess.

Authenticity (Rule 901)

Exhibits must be authenticated before they may be admitted.

Lack of Foundation

Lack of the predicate foundation required for admissibility.

Best Evidence (Rules 1001-1003)

Copies or secondary evidence of writings cannot be admitted unless the absence of the original can be explained (though accurate duplicates are often acceptable).

Privilege

Excludes otherwise admissible evidence due to a special relationship (e.g., attorney/client, doctor/patient, marital, clergy).

Rule 401 - Definition of Relevant Evidence

Evidence having any tendency to make the existence of any fact of consequence more or less probable than it would be without the evidence.

Rule 403 - Grounds for Exclusion of Relevant Evidence

Probative value is substantially outweighed by: Unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.

Rule 1002 - Requirement of Original

To prove the content of a writing, recording, or photograph, the original is required, except as otherwise provided.

Rule 1003 - Admissibility of Duplicates

A duplicate is admissible to the same extent as an original unless (1) there is a genuine question as to authenticity or (2) it would be unfair to admit the duplicate.

Present Sense Impression

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

Excited Utterance

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

Then-Existing Mental, Emotional, or Physical Condition.

A statement of the declarant’s then-existing state of mind or emotional, sensory, or physical condition, 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.