Amta 25-26 Case law/Objections/fre

Rule 403—Cumulative / Asked and Answered

The court may exclude relevant evidence if its 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, or needlessly presenting cumulative evidence.

Rule 403—Argumentative

The court may exclude relevant evidence if its 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, or needlessly presenting cumulative evidence.

Rule 403—Compound Questions

The court may exclude relevant evidence if its 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, or needlessly presenting cumulative evidence.

Rule 403—Interrupting Witness - Not Allowing Answer

The court may exclude relevant evidence if its 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, or needlessly presenting cumulative evidence.

Rule 611—Leading

Leading questions should not be used on direct examination except as necessary to develop the witness's testimony. Ordinarily, the court should allow leading questions on cross-examination; and when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

Rule 611—Outside the Scope of Direct / Cross

The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to make those procedures effective for determining the truth, avoid wasting time, and protect witnesses from harassment or undue embarrassment.

Scope of Cross-Examination

Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility. The court may allow inquiry into additional matters as if on direct examination.

Rule 401—Relevance

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action.

Rule 602—Lacks Personal Knowledge

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony. This rule does not apply to a witness's expert testimony under Rule 703.

Rule 701—Calls for Speculation

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is rationally based on the witness's perception, helpful to clearly understanding the witness's testimony or to determining a fact in issue, and not based on scientific, technical, or other specialized knowledge within the scope of Rule 702 (expert witness).

Rule 703—Calls for Legal Conclusion (Expert / Non-Expert Rule)

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted.

Rule 801—Hearsay

Hearsay means a statement that the declarant does not make while testifying at the current trial or hearing; and a party offers in evidence to prove the truth of the matter asserted in the statement.

Rule 609—Improper Impeachment

In General.

Criminal Conviction Evidence

Evidence of a criminal conviction must be admitted for crimes punishable by death or imprisonment for more than one year in civil cases or in criminal cases where the witness is not a defendant.

Probative Value vs. Prejudicial Effect

In a criminal case where the witness is a defendant, evidence of a conviction must be admitted if its probative value outweighs its prejudicial effect.

Dishonest Act or False Statement

Evidence of any crime must be admitted if it can be determined that establishing the crime required proving or admitting a dishonest act or false statement.

Limit on Using Evidence After 10 Years

Evidence of a conviction is admissible only if more than 10 years have passed since the witness's conviction or release, and its probative value substantially outweighs its prejudicial effect.

Adverse Party Notice

The proponent must give reasonable written notice to an adverse party of the intent to use evidence of a conviction after 10 years.

Effect of a Pardon

Evidence of a conviction is not admissible if it has been pardoned, annulled, or rehabilitated, provided there is no later crime punishable by death or imprisonment for more than one year.

Juvenile Adjudications

Evidence of a juvenile adjudication is admissible only if it is offered in a criminal case and meets specific conditions related to the witness and the offense.

Pendency of an Appeal

A conviction is admissible even if an appeal is pending, and evidence of the pendency is also admissible.

Incomplete Evidence Rule

If a party introduces part of a writing or recorded statement, an adverse party may require the introduction of any other part that ought to be considered at the same time.

Lack of Foundation

To authenticate an item of evidence, the proponent must produce sufficient evidence to support a finding that the item is what it claims to be.

Testimony of a Witness

Testimony that an item is what it is claimed to be satisfies the requirement of authenticating or identifying evidence.

Judge's Control

The court should exercise reasonable control over the examination of witnesses and presentation of evidence to determine the truth, avoid wasting time, and protect witnesses.

Improper Commentary by Counsel

A lawyer shall not allude to matters not believed to be relevant, assert personal knowledge of facts in issue, or state personal opinions on the justness of a cause or credibility of a witness.

Scope of Rules

The rules apply to proceedings in the courts of the State of Midlands, with specific courts and exceptions outlined in Rule 1101.

civil case

a civil action or proceeding

criminal case

includes a criminal proceeding

public office

includes a public agency

record

includes a memorandum, report, or data compilation

rule prescribed by the Midlands Supreme Court

means a rule adopted by the Midlands Supreme Court under statutory authority

written material or any other medium

includes electronically stored information

Purpose of the rules

to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law

Preserving a Claim of Error

a party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party

timely objects or moves to strike

a party must state the specific ground unless it was apparent from the context

offer of proof

a party informs the court of the substance of excluded evidence unless the substance was apparent from the context

Not Needing to Renew an Objection

once the Court rules definitively on the record, a party need not renew an objection to preserve a claim of error for appeal

Preventing the Jury from Hearing Inadmissible Evidence

the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury

Taking Notice of Plain Error

a court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved

Preliminary Questions

the court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible

Relevance That Depends on a Fact

proof must be introduced sufficient to support a finding that the fact does exist

Evidence Relevant to Weight and Credibility

this rule does not limit a party's right to introduce evidence relevant to the weight or credibility of other evidence

Remainder of or Related Writings or Recorded Statements

if a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction of any other part that ought to be considered

Judicial Notice of Adjudicative Facts

this rule governs judicial notice of an adjudicative fact only, not a legislative fact

Kinds of Facts That May Be Judicially Noticed

the court may judicially notice a fact that is not subject to reasonable dispute because it is generally known within the trial court's territorial jurisdiction or can be accurately determined from reliable sources

Timing of Judicial Notice

the court may take judicial notice at any stage of the proceeding

Opportunity to Be Heard

on timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed

Judicial Notice

If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.

Instructing the Jury in Civil Cases

In a civil case, the court must instruct the jury to accept the noticed fact as conclusive.

Instructing the Jury in Criminal Cases

In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.

Burden of Producing Evidence

In a civil case, unless a Midlands statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption.

Burden of Persuasion

The burden of persuasion remains on the party who had it originally.

Test for Relevant Evidence

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.

General Admissibility of Relevant Evidence

Relevant evidence is admissible unless any of the following provides otherwise: the United States Constitution, these rules, or other rules prescribed in Midlands.

Exclusion of Relevant Evidence

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Character Evidence 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.

Exceptions for a Defendant in Criminal Case

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.

Notification for Character Evidence

In lieu of rebuttal witness availability, a defendant must first notify the court and opposing counsel in writing at the Captains' Meeting of the intention to offer such evidence.

Homicide Case Evidence

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.

Witness Character Evidence

Evidence of a witness's character may be admitted under Rules 607, 608, and 609.

Prohibited Uses of Crimes or Wrongs

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.

Permitted Uses of Crimes or Wrongs

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.

Written Notice in Criminal Case

The prosecution in a criminal case shall provide written notice of such intent prior to witness selection in the Captains' Meeting.

Rule 405. Methods of Proving Character

(a) By Reputation or Opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow inquiry into relevant specific instances of the person's conduct. (b) By Specific Instances of Conduct. When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's conduct.

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. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

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. But the court may admit this evidence for another purpose, such as impeachment or - if disputed - proving ownership, control, or the feasibility of precautionary measures.

Rule 408. Compromise Offers and Negotiations

(a) Prohibited Uses. Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction: (1) furnishing, promising, or offering - or accepting, promising to accept, or offering to accept - a valuable consideration in compromising or attempting to compromise the claim; and (2) conduct or a statement made during compromise negotiations about the claim - except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority. (b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Rule 409. Offers to Pay Medical and Similar Expenses

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Rule 410. Pleas, Plea Discussions, and Related Statements

(a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions: (1) a guilty plea that was later withdrawn; (2) a nolo contendere plea; (3) omitted; or (4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea. (b) Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4): (1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or (2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record and with counsel present.

Rule 411. Liability Insurance

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness's bias or prejudice or proving agency, ownership, or control.

Rule 501. Privileges in General

Only privileges granted by a statute of the state of Midlands or by Midlands case law shall be recognized.

Competency to Testify

Every person is competent to be a witness unless these rules provide otherwise.

Rule 602

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.

Personal Knowledge

Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony.

Rule 603

Before testifying, a witness shall be presumed to have been sworn in, by an oath or affirmation to testify truthfully administered in a form designed to impress that duty on the witness's conscience.

Rule 605

The presiding judge may not testify as a witness at the trial.

Rule 607

Any party, including the party that called the witness, may attack the witness's credibility.

Rule 608

A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness.

Truthful Character Evidence

Evidence of truthful character is admissible only after the witness's character for truthfulness has been attacked.

Written Notice Requirement

Written notice is required in civil and criminal cases if the party attacking the character of the witness for truthfulness is the defense.

Rule 609

The following rules apply to attacking a witness's character for truthfulness by evidence of a criminal conviction.

Adverse Party Notification

The proponent must give an adverse party reasonable written notice of the intent to use evidence of a conviction.

Specific Instances of Conduct

Extrinsic evidence is not admissible to prove specific instances of a witness's conduct to attack or support the witness's character for truthfulness.

Cross-Examination Inquiry

The court may allow inquiries into specific instances of conduct on cross-examination if they are probative of the character for truthfulness or untruthfulness.

Evidence of a conviction

Not admissible if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year.

Rule 610

Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.

Rule 611

The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence to make those procedures effective for determining the truth, avoid wasting time, and protect witnesses from harassment or undue embarrassment.

Scope of Examinations

The initial cross examination is not limited to matters discussed on direct examination. Re-direct and re-cross examination are permitted but may not go beyond the subject matter of the examination immediately preceding it and matters affecting the witness's credibility.

Leading Questions

Leading questions should not be used on direct examination except as necessary to develop the witness's testimony. Ordinarily, the court should allow leading questions on cross-examination and when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

Rule 612

A witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony.

Witness's Prior Statement

When examining a witness about the witness's prior statement, a party need not show it or disclose its contents to the witness, but must, on request, show it or disclose its contents to an adverse party's attorney.

Extrinsic Evidence of a Prior Inconsistent Statement

Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.

Rule 614

Calling and/or examining of a witness by the court is not allowed.

Rule 615

At a party's request, the court must order witnesses constructively excluded so that they cannot hear other witnesses' testimony, with exceptions for certain parties and representatives.

Constructive Exclusion

This rule does not permit the actual exclusion of students portraying witnesses but allows for the constructive exclusion of some witnesses.

Rule 701

Article VII, Rule 701 pertains to the admissibility of evidence.

Opinion Testimony by Lay Witnesses

Testimony in the form of an opinion is limited to one that is rationally based on the witness's perception, helpful to understanding the witness's testimony or determining a fact in issue, and not based on scientific, technical, or other specialized knowledge.

Rule 702

A witness qualified as an expert may testify in the form of an opinion if the expert's specialized knowledge helps to understand the evidence or determine a fact in issue, is based on sufficient facts or data, is the product of reliable principles and methods, and has reliably applied those principles to the facts of the case.

Formal Certification of Experts

Formal certification of a witness as an expert in a specific field of expertise is not required nor permitted unless otherwise provided in the case materials.