Midlands Rules of Evidence

AMTA 25'-26' Midlands Rules of Evidence Flashcards.

Rule 101. Scope

(1) “civil case” means a civil action or proceeding;

(2) “criminal case” includes a criminal proceeding;

(3) “public office” includes a public agency;

(4) “record” includes a memorandum, report, or data compilation;

(5) a “rule prescribed by the Midlands Supreme Court” means a rule adopted by the Midlands Supreme Court under statutory authority; and

(6) a reference to any kind of written material or any other medium includes electronically stored information

Rule 102. Purpose

These rules are to facilitate a fair proceeding and endeavoring to draw the truth of law in securing a just determination

Rule 103. Rulings on Evidence

(a). Preserving a Claim of Error - A party may claim error in a ruling to admit or exclude evidence only if the error substantially affects the right of the party and if the party (1A) timely moves to strike the evidence from the record, (1B) states the specific grounds for the evidence. (2) If the ruling excludes evidence, a party informs the court of its substance by an offer or proof (unless the substance was apparent from the context).

(b). Not Needing to Renew an Objection or Offer of Proof - Once the court rules on the record, a party does not need to renew the objection or offer another proof of claim for the duration of trial.

(d). Preventing the Jury from Hearing Inadmissible Evidence - To the extent possible, the court must prevent the jury from hearing evidence it deems inadmissible, and to prevent suggestion of the jury by any means.

(e). Taking Notice of Plain Error - A court may take notice of a plain error, even if the error was not properly addressed by a party.

Rule 401. Test for Relevant Evidence

Evidence is relevant if;

(a). it has any tendency to make a fact of consequence more of less probable

(b). the fact is of consequence in determining the action

Rule 402. General Admissibility of Relevant Evidence

Relevant evidence is admissible unless;

• the United States Constitution;

• these rules; or

• other rules prescribed in Midlands

Irrelevant evidence is not admissible.

Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

The court may exclude relevant evidence if it’s probative value is substantially outweighed by a danger of one or more of the following;

• Unfair prejudice

• Confusing the issues

• Misleading the jury

• Undue delay

• Wasting time

• Needlessly presenting cumulative evidence

Rule 404. Character Evidence;

(a) Character Evidence;

• (1) Prohibited Uses - 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.

• (2) Exceptions for a Defendant or Victim in a Criminal Case

  • (A) A defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it. In lieu of rebuttal witness’ availability, a defendant must first notify the court and opposing counsel in writing at the Captain’s meeting before the trial (document provided). If such, the forms should be turned into the court with the ROE and presented to the judge with the ballots. The prosecutor may also offer such character evidence during its case-in-chief.

  • (B) A defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may;

    • i. offer evidence to rebut it; and

    • ii. offer evidence of the defendant’s same trait

  • (C) In a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor.

• (3) Exceptions for a Witness - Evidence of a witness’s character may be admitted under Rules 607, 608, and 609

Rule 404. Character Evidence - Crimes or Other Acts

(b) Crimes or Other Acts;

• (1) Prohibited Uses - 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 that acted in accordance with that character.

• (2) Permissible Uses; Notice in a Criminal Case - This evidence may be admissible for another purpose, such as proving;

  • Motive

  • Opportunity

  • Intent

  • Preparation

  • Plan

  • Knowledge

  • Identity

  • Absence of Mistake

  • or Lack of Accident

The prosecution must provide notice of this during the Captain’s meeting.

Rule 405. Methods of Proving Character

(a) By Reputation or Opinion - When evidence is admissible, it may be proved by testimony about the witnesses reputation or by testimony in the form of an opinion. On cross, the court may allow inquiries into relevant specific instances of conduct.

(b) By Specific Instances of Conduct - When a person’s character or character trait is an essential element of the charge, claim, or defense, the character trait may also be proved by relevant, specific instances of a person’s conduct.

Rule 406. Habit; Routine Practice

Evidence of a person’s habit may be used to prove that on occasion a person or organization acted in accordance with that specific habit or routine practice. The court may allow this evidence whether its corroborated by an eyewitness or not.

Rule 407. Subsequent Remedial Measures

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

• negligence

• culpable conduct

• a defect in a product or its design; or

• a need for a warning or instruction

The court may admit this evidence for impeachment or other purposes - such as proving ownership, control, or the feasibility of precautionary measures taken.

Rule 408. Compromise Offers and Negotiations

(a) Prohibited Uses - Evidence of the following is not admissible either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:

• furnishing, promising, or offering (or accepting), promising to accept, or offering to accept, a valuable consideration in compromising attempting to compromise a claim; and EDIT…

Rule 601. Competency to Testify in General

Every person is competent to be a witness unless the rules say otherwise

Rule 602. Need for Personal Knowledge

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.

Rule 603. Oath or Affirmation to Testify Truthfully

Before testifying, a witness shall be presumed to have been sworn in by an oath or affirmation to testify truthfully.

Rule 605. Judge Competency as a Witness

The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.