MIDLANDS RULES OF EV SIMPLIFIED

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101(a)

Scope; Definitions: Scope.

101(b)

Scope; Definitions: Definitions: civil case; criminal case; public office; record; rules prescribed by Midlands Supreme Court; written material electronically stored.

102

Purpose: Purpose: fairness, avoid delay, promote evidence law.

103

Rulings on Evidence: Rulings on evidence.

103(a)

Rulings on Evidence: Preserving a claim of error.

103(a)(1)

Rulings on Evidence: If evidence is admitted, object (A) timely AND (B) specific grounds.

103(a)(2)

Rulings on Evidence: If evidence is excluded, may proffer.

103(b)

Rulings on Evidence: No need to renew objection or proffer.

103(d)

Rulings on Evidence: Jury doesn't hear inadmissible evidence.

103(e)

Rulings on Evidence: Court may take notice of plain error.

104

Preliminary Questions: Preliminary questions.

104(a)

Preliminary Questions: Witness qualifications, privilege, admissibility must be determined by court.

104(b)

Preliminary Questions: Relevance that depends on a fact.

104(e)

Preliminary Questions: Evidence relevant to weight and credibility.

106

Rule of completeness: the adverse party may require another part of a statement that fairness calls for, even over a hearsay objection.

107(a)

Illustrative Aids: Illustrative aids are permitted subject to 403.

107(d)

Illustrative Aids: Summaries of voluminous evidence is subject to 1006.

201

Judicial Notice of Adjudicative Facts: Judicidal notice.

201(a)

Judicial Notice of Adjudicative Facts: Scope: adjudicative facts.

201(b)

Judicial Notice of Adjudicative Facts: Kinds of facts: (1) within jurisdiction AND (2) readily determined.

201(c)

Judicial Notice of Adjudicative Facts: Taking notice when (2) party requests so with sufficient information.

201(d)

Judicial Notice of Adjudicative Facts: Timing.

201(e)

Judicial Notice of Adjudicative Facts: Opportunity to be heard.

201(f)

Judicial Notice of Adjudicative Facts: Civil jurors must accept notice as conclusive criminal jurors may/may not.

301

Presumptions in Civil Actions Generally: Burden of presumptions in civil court if a presumption is against a certain party, they hold the burden to rebut it. this does not sway burden of persuasion.

401

Relevance: evidence tends to make a fact of consequence more or less probable.

402

Admissibility: irrelevant evidence is inadmissible; relevant evidence is admissible unless another authority excludes it.

403

Exclusion of relevant evidence: probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, delay, wasted time, or needless repetition.

404(a)

Character Evidence; Crimes or Other Acts: Character evidence.

404(a)(1)

Character evidence: inadmissible to prove a person acted in accordance with a trait on a particular occasion.

404(a)(2)

Character Evidence; Crimes or Other Acts: Character exceptions in a criminal case.

404(a)(2)(A)

Character Evidence; Crimes or Other Acts: Defense offers defendant's pertinent trait & prosecution may rebut.

404(a)(2)(B)

Character Evidence; Crimes or Other Acts: Defense offers victim's pertinent trait & prosecution may (i) rebut it (ii) offer same trait in defendant.

404(a)(2)(C)

Character Evidence; Crimes or Other Acts: Prosecution offers victim's pertinent trait of peace to counter victim being first aggressor.

404(a)(3)

Character Evidence; Crimes or Other Acts: Witness' character admissible for 607, 608, 609.

404(b)

Character Evidence; Crimes or Other Acts: Crimes, wrongs or other acts.

404(b)(1)

Character Evidence; Crimes or Other Acts: Crimes, wrongs, other acts inadmissible for proving character and propensity.

404(b)(2)

Other acts, permitted purpose: may prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

404(b)(3)

Character Evidence; Crimes or Other Acts: Notice in a criminal case.

405

Methods of Proving Character: Methods of proving character.

405(a)

Method of proving admissible character: reputation or opinion testimony; relevant specific acts may be inquired into on cross-examination.

405(b)

Method of proving character as an essential element: relevant specific instances of conduct are allowed.

406

Habit or routine practice: may prove a person or organization acted in accordance with that repeated practice.

407

Subsequent Remedial Measures: Subsequent remedial measures inadmissible to prove negligence, culpable conduct or design defect admissible for impeachment; proving ownership, control or feasibility.

408

Compromise Offers and Negotiations: Compromise offer or negotiations.

408(a)

Compromise Offers and Negotiations: Prohibited uses: the following inadmissible to prove (amount of) claim or impeachment.

408(a)(1)

Compromise Offers and Negotiations: Furnishing, accepting, offering (to accept), promising (to accept) a compromise.

408(a)(2)

Compromise Offers and Negotiations: Statement or conduct made during negotiations unless in a criminal investigation when related to claim made by public office in exercise of regulatory, investigative, enforcement authority.

408(b)

Compromise Offers and Negotiations: Exceptions: admissible for bias, negating undue delay, proving effort to obstruct criminal investigation/prosecution.

409

Offers to Pay Medical and Similar Expenses: Paying for injury inadmissible to prove liability.

410

Pleas, Plea Discussions, and Related Statements: Pleas, plea deals and related.

410(a)

Pleas, Plea Discussions, and Related Statements: Prohibited uses: the following inadmissible against the defendant.

410(a)(1)

Pleas, Plea Discussions, and Related Statements: Withdrawn guilt plea.

410(a)(2)

Pleas, Plea Discussions, and Related Statements: Nolo contendere plea (accepting punishment without guilt).

410(a)(4)

Pleas, Plea Discussions, and Related Statements: Statement made during discussions with attorney (or prosecution) which resulted in not guilty or withdrawn guilty plea.

410(b)

Pleas, Plea Discussions, and Related Statements: Exceptions which apply to 410(a)(4).

410(b)(1)

Pleas, Plea Discussions, and Related Statements: Rule of completeness as per plea statements.

410(b)(2)

Pleas, Plea Discussions, and Related Statements: Impeachment during criminal proceedings if made under oath.

411

Liability Insurance: (lack of) liability insurance inadmissible to prove negligence admissible for bias, or proving control, ownership, agency.

501

Privileges in General: Only priviliges granted by Midlands are recognized.

601

Competency to Testify in General: Competency to testify.

602

Personal knowledge: a witness may testify only if evidence supports a finding that the witness personally knows the matter.

603

Oath or Affirmation to Testify Truthfully: Constructively sworn in.

605

Judge’s Competency as a Witness: Judge may not testify as a witnes.

607

Who May Impeach a Witness: Any party may impeach a witness/attack credibility.

608

A Witness’s Character for Truthfulness or Untruthfulness: Witness's character for (un)truthfulness.

608(a)

Truthfulness character: reputation or opinion evidence; supporting truthfulness only after that character has been attacked.

608(b)

Specific acts bearing on truthfulness: no extrinsic evidence to prove them; the court may permit inquiry on cross-examination.

609

Impeachment by Evidence of a Criminal Conviction: Impeachment by evidence of a criminal conviction.

609(a)

Impeachment by Evidence of a Criminal Conviction: The following rules apply to attacking witness's truthfulness by evidence of criminal conviction.

609(a)(1)

Conviction impeachment, serious crime: if punishable by death or more than one year, admit subject to Rule 403 for a nondefendant witness; a criminal defendant has a stronger prejudice test.

609(a)(2)

Impeachment by Evidence of a Criminal Conviction: Any crime regardless of punishment if establishing elements is required to prove dishonest act or false statement.

609(b)

Impeachment by Evidence of a Criminal Conviction: If more than 10 yeats have passed since the witness's conviction or release; evidence is only admissible if: (1) substantially more probative AND (2) written notice.

609(c)

Conviction impeachment, pardon or rehabilitation: excludes certain convictions pardoned or annulled based on rehabilitation without later crime, or based on innocence.

609(d)

Conviction impeachment, juvenile adjudication: possible only in a criminal case for a nondefendant witness if the adult conviction would qualify and admission is necessary for fairness.

609(e)

Impeachment by Evidence of a Criminal Conviction: Conviction that satisifes rule is admissible even if appeal is pending.

610

Religious Beliefs or Opinions: Religious belief not admissible for credibility.

611

Mode and Order of Examining Witnesses and Presenting Evidence: Mode and order of examining witnesses and presenting evidence.

611(a)

Court control of examination: make proceedings effective for truth, avoid wasted time, and protect witnesses from harassment or undue embarrassment.

611(b)

Scope of examination: cross, redirect, and recross are limited to the immediately preceding examination and matters affecting credibility.

611(c)

Leading questions: ordinarily disallowed on direct; ordinarily permitted on cross and when calling a hostile or adverse witness.

612

Writing Used to Refresh a Witness’s Memory: Writing used to refresh a witness's memory.

613

Witness’s Prior Statement: Witness's prior statement.

613(a)

Witness’s Prior Statement: Not required to disclose contents of prior statements to witness but must show opposing counsel on request.

613(b)

Witness’s Prior Statement: Extrinsic evidence of prior inconsistent statement only admissible if given the opportunity to explain or deny the statement.

614

Court’s Calling or Examining a Witness: Calling/examining of witness by court not permitted.

615(a)

Witness sequestration: excluded witnesses cannot hear testimony; the rule exempts a natural-person party, one designated entity representative, and persons authorized in case documents.

615(b)

Excluding Witnesses from the Courtroom; Preventing an Excluded Witness’s: 615(a) prohibits (1) disclosure of testimony to excluded witnesses and (2) excluded witnesses from accessing testimony.

701

Lay opinion: rationally based on perception, helpful, and not based on scientific, technical, or specialized knowledge.

702

Expert opinion: qualified expert; helpful specialized knowledge; sufficient facts or data; reliable methods reliably applied. Proponent shows each prong more likely than not.

702(a)

Expert knowledge: scientific, technical, or specialized knowledge must help the fact finder understand evidence or determine a fact.

702(b)

Expert factual basis: testimony must rest on sufficient facts or data.

702(c)

Expert method: testimony must result from reliable principles and methods.

702(d)

Expert application: the expert must reliably apply the principles and methods to the case facts.

703

Expert opinion basis: experts may rely on certain inadmissible facts or data; disclosure to the jury requires probative value that substantially outweighs prejudice.

704

Opinion on an Ultimate Issue: Opinion on ultimate issue.

704(a)

Ultimate issue opinion: an otherwise admissible opinion is not objectionable merely because it embraces an ultimate issue.

704(b)

Opinion on an Ultimate Issue: In a criminal case, no expert may testify to whether the defendant did or did not have a mental state or condition that constitutes an element of the crime or defense.

705

Disclosing the Facts or Data Underlying an Expert’s Opinion: Expert need not disclose underlying facts and data but can be crossed on them.

801

Definitions That Apply to This Article; Exclusions from Hearsay: Definitions and exclusions of hearsay.