Mock Trial Rules of Evidence

Rule 47 a

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

Rule 47 b

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

Rule 47 c

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

Rule 48 Assuming Facts Not in Evidence

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.

Rule 49 Lack of Proper Foundation

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.

Rule 53 c

no witness may provide non-responsive or narrative answers on cross-examination in order to consume the other team's cross-examination time.

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 403. Prejudicial vs. Probative

Even if evidence is relevant, it can be excluded if the prejudicial value is substantially more than its probative value

Rule 404 (a) 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.

Rule 404 (b) Character Evidence; Crimes 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 HOWEVER evidence of the crime/wrong/act is admissible if it goes towards proving motive/intent/oppportunity/preparation

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 608 (a) 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

(c) 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:

(a) 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; and

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

801 (c) Definition of Hearsay

"Hearsay" means a statement that:

1. the declarant does not make while testifying at the current trial or hearing; and

2. a party offers in evidence to prove the truth of the matter asserted in the statement.

803 (1)

A statement can be hearsay and still be admitted regardless of

whether the declarant is available as a witness IF

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

803 (2)

A statement can be hearsay and still be admitted regardless of

whether the declarant is available as a witness IF

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 (3)

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)

803 (4)

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.

803 (5)

Recorded Recollection. A record that:

a. is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately;

b. was made or adopted by the witness when the matter was fresh in the witness's memory; and

c. accurately reflects the witness's knowledge

803 (6)

Records of a Regularly Conducted Activity. A record of an act, event, condition, opinion, or diagnosis if:

a. the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit

b. making the record was a regular practice of that activity

c. all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that

complies with a statute permitting certification

803 (8)

Public Records. A record or statement of a public office if:

a. it sets out:

i. the office's activities;

ii. a matter observed while under a legal duty to report