Midlands Rules of Evidence

Rule 101 – Scope; Definitions

Example: “Does the Midlands Rules of Evidence apply to both criminal and civil cases?”

Yes — they apply to all trials in the fictional state of Midlands. Includes definitions like “civil case,” “criminal case,” “record,” “public office.”

Rule 102 – Purpose
Example: “Why do these rules exist?”

To ensure fairness, avoid delays, reduce costs, promote consistent rulings, and help find the truth.

Rule 103 – Rulings on Evidence
Example: “If the judge rules evidence admissible, must I object again later to preserve it?”

No — once ruled, you don’t need to repeat. Objections must be timely and specific; judges can fix plain errors even without objection.

Rule 104 – Preliminary Questions
Example: “Who decides if a witness is qualified to testify?”

The judge. Judges decide admissibility, qualifications, and preliminary facts before evidence reaches the jury.

Rule 106 – Remainder of Related Writings or Statements
Example: “If the other side reads part of a letter, can I require more to be read?”

Yes — if fairness requires, the rest of the writing/recording must be considered at the same time.

Rule 201 – Judicial Notice of Adjudicative Facts
Example: “Does the jury have to accept judicially noticed facts?”

In civil cases, yes; in criminal cases, they may choose. Applies to facts widely known or verifiable by reliable sources.

Rule 301 – Presumptions
Example: “If a presumption exists, who has to disprove it?”

The opposing party must produce evidence to rebut it, but the burden of proof stays with the original party.

Rule 401 – Relevant Evidence
Example: “Is testimony about a witness’s shoe size relevant in a theft case?”

Only if it makes a fact of consequence more or less probable.

Rule 402 – General Admissibility
Example: “Can I admit relevant evidence unless a law says otherwise?”

Yes — unless excluded by the Rules or other Midlands law.

Rule 403 – Excluding Relevant Evidence
Example: “Why might gruesome photos be excluded?”

If unfair prejudice outweighs their value, or they cause confusion, mislead, waste time, or repeat known points.

Rule 404 – Character Evidence; Crimes or Other Acts
Example: “Can I say ‘he’s a thief’ to prove he stole here?”

No — but you can use past acts to show motive, intent, identity, plan, etc., not to prove character.

Rule 405 – Proving Character
Example: “How can I prove a peaceful character?”

By reputation or opinion testimony; specific acts only if character is central to the case.

Rule 406 – Habit; Routine Practice
Example: “He always locks his door at night — can I use that?”

Yes — habits/routines can prove likely conduct in a particular situation.

Rule 407 – Subsequent Remedial Measures
Example: “Can I show they added a safety sign after my injury?”

Not to prove fault — only to show ownership, control, feasibility, or impeach testimony.

Rule 408 – Compromise Offers & Negotiations
Example: “Can I use settlement talks as proof of liability?”

No — but may be used to show bias, prejudice, or obstruction.

Rule 409 – Offers to Pay Medical Expenses
Example: “If a driver offers to pay hospital bills, can I use that to prove guilt?”

No — payment offers can’t prove fault.

Rule 410 – Pleas and Plea Discussions
Example: “Can I use a withdrawn guilty plea against a defendant?”

No — except in fairness or perjury situations.

Rule 411 – Liability Insurance
Example: “Can I say they have insurance to prove negligence?”

No — but can be used to show bias or ownership/control.

Rule 501 – Privileges in General
Example: “Can I invent a new privilege?”

No — only privileges recognized by Midlands law or case materials apply.

Rule 601 – Competency
Example: “Can a 10-year-old testify?”

Yes, unless a rule says otherwise — all are presumed competent.

Rule 602 – Personal Knowledge
Example: “Can a witness testify about an event they only heard about?”

No — must have firsthand knowledge.

Rule 603 – Oath or Affirmation
Example: “What ensures a witness tells the truth?”

They are sworn or affirmed to tell the truth before testifying.

Rule 605 – Judge as Witness
Example: “Can the trial judge testify as a witness in the case?”

No — ever.

Rule 607 – Who May Impeach
Example: “Can I impeach my own witness?”

Yes — any party can challenge credibility.

Rule 608 – Truthfulness Character Evidence
Example: “Can I bring up a witness’s good honesty before they’re attacked?”

No — only after their truthfulness has been questioned.

Rule 609 – Criminal Convictions to Impeach
Example: “Can I impeach with a 2-year-old fraud conviction?”

Yes — crimes of dishonesty or felonies can be used, with restrictions.

Rule 610 – Religious Beliefs
Example: “Can I argue a witness is lying because of their religion?”

No — religion is off-limits for credibility attacks.

Rule 611 – Examining Witnesses
Example: “Can I lead my own witness on direct?”

Generally no — unless hostile or necessary; allowed on cross.

Rule 612 – Refreshing Memory
Example: “If a witness forgets, can I show them a report?”

Yes — any case material can be used to refresh memory.

Rule 613 – Prior Statements
Example: “Do I have to show a witness their old statement before questioning?”

No — but you must share with opposing counsel if asked.

Rule 614 – Court’s Witnesses
Example: “Can the judge call a witness on their own?”

Not in Midlands mock trial.

Rule 615 – Excluding Witnesses
Example: “Can I keep witnesses from hearing each other’s testimony?”

Yes — constructively (pretend) exclude them in mock trial.

Rule 701 – Lay Opinions
Example: “Can a witness say someone looked scared?”

Yes — if based on personal perception and not technical expertise.

Rule 702 – Expert Testimony
Example: “Can a doctor testify about cause of death?”

Yes — if qualified and using reliable methods.

Rule 703 – Expert’s Bases
Example: “Can an expert rely on inadmissible data?”

Yes — if experts in that field normally do so.

Rule 704 – Ultimate Issue
Example: “Can an expert say the defendant intended to kill?”

No in criminal cases — mental state is for the jury.

Rule 705 – Disclosing Expert Bases
Example: “Does an expert have to list all facts before giving opinion?”

No — but must share if asked on cross.

Rule 801 – Hearsay Defined
Example: “He told me the light was green — is that hearsay?”

Yes, if offered to prove the light was green; certain statements aren’t hearsay.

Rule 802 – Hearsay Rule
Example: “When is hearsay allowed?”

Only if a rule or exception permits.

Rule 803 – Exceptions (Declarant Available)
Example: “Is ‘He’s got a gun!’ admissible?”

Yes — excited utterance.

Rule 804 – Exceptions (Declarant Unavailable)
Example: “If the witness is dead, can we use their sworn prior testimony?”

Yes — former testimony exception.

Rule 805 – Hearsay Within Hearsay
Example: “Police report quoting a witness — allowed?”

Only if both layers fit an exception.

Rule 806 – Attacking Declarant’s Credibility
Example: “If hearsay is admitted, can I attack the speaker’s honesty?”

Yes — as if they testified in court.

Rule 901 – Authenticating Evidence
Example: “How do you admit a photo?”

Call a witness who took it or saw it and can confirm it’s accurate.

Rule 902 – Self-Authenticating
Example: “Do certified public records need a witness?”

No — they’re self-authenticating.

Rule 1002 – Best Evidence Rule
Example: “Can I testify about what a contract says without showing it?”

No — need the original unless an exception applies.

Rule 1003 – Duplicates
Example: “Is a scanned copy okay?”

Yes — unless authenticity is challenged.

Rule 1004 – When Original Not Required
Example: “The original was destroyed in a fire — now what?”

Other evidence can be used if loss wasn’t bad faith.

Rule 1006 – Summaries
Example: “Can I give a chart instead of thousands of pages?”

Yes — if originals are available for inspection.

Rule 1101 – Applicability
Example: “Do the rules apply during openings?”

No — but they apply in trial testimony and evidentiary hearings.

Rule 1102 – Amendments
Example: “Who changes the rules?”

The AMTA Board.

Rule 1103 – Title
Example: “What’s the official name?”

Midlands Rules of Evidence.