Mock Trial 25-26 Notes

• Rule 47. Argumentative/Ambiguous Questions and Non-Responsive Answers

  • (a) Argumentative—An attorney shall not ask a question which asks the witness to agree to a conclusion drawn by the

questions. The Court may  allow limited

Use of argumentative questions on cross-examination.

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

• (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 unproven 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 a proper foundation

• Rule 53. Special Mock Trial Objections

  • (a). No objections during opening and closing. You can do “If I had been allowed to object”. No ruling

  • (b). Closing argument has to be based on facts/claims presented in case

  • (c).  Filibustering/Time-wasting. Not allowed to give non-responsive/narrative answers during cross-examination, or purposefully waste time. 

• Rule 403

  • Relevant evidence can be excluded if it’s found to give more prejudice than probative value

• Rule 404

  • Evidence of a person’s character is not admissible to prove they acted that way on a particular occasion. MAY BE under 607-609

  • Def. can’t say since Logan had never been violent, he wasn’t on the day of the crime

• Rule 405

  • Character can be proved through reputation in the form of an opinion

  • Specific instances can be used (NOT EXTRINSIC)

    
    

• Rule 602

  • Need for personal knowledge to testify to a matter

• Rule 608

  • (a) A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for untruthfulness

  • (b). EXCEPT FOR A CRIMINAL CONVICTION, extrinsic evidence is not admissible to prove specific instances of a witness’s credibility

• Rule 609

  • (a) 1. Attacking a witness’s credibility by a criminal conviction if it was punishable by death or by imprisonment for more than one year is allowed.

2. If the crime contains a dishonest act or false statement, it can be admitted regardless of the crime.

• (b)If it has been more than 10 years since the crime, it’s admissible only if its probative value is supported by facts that substantially outweigh its prejudicial effect.

• (c) Evidence of conviction isn’t admissible if it’s been pardoned, have an annulment, etc.

• Rule 701

  • (a)Lay witnesses can only testify with opinions on things rationally based on their perception

  • (b) Helpful to understand the witness's testimony or to determine a fact

  • (c) Not based on scientific or specialized knowledge

• Rule 702

  • (a) An expert witness can testify in the form of an opinion if their knowledge will help the trier of fact understand the evidence

  • (b) Is based on sufficient facts or data

• Rule 801

  • (c) Hearsay is a statement that the declarant does not make while testifying at the current trial.

• Rule 803

  • 1. A statement is not hearsay when it describes an event or condition immediately after perceiving it

  • 2. A statement is not hearsay when it relates to a startling event or condition. Excited utterance

  • 3. A statement is not hearsay when it relates to a person's then-existing Mental, emotional, or physical state

  • 5. Statement made for medical diagnosis or treatment

• Rule 804

  • (a) The declarant being unavailable means they are exempted from testifying, refuse to, or cannot be present due to illness

  • (b) A statement isn’t hearsay if the declarant isn’t available and the statement was in former testimony, made under the belief of imminent death, was against the declarant's interest, was about personal/family history, or offered against a party that wrongfully caused their unavailability.