MMT: Rules of Evidence (2025-2026)

ARTICLE I. GENERAL PROVISIONS

Rule 101. Scope

  • The rules of evidence in the casebook are the only rules of evidence in Mock Trial.

Rule 102. Purpose and Construction

  • The rules of evidence facilitate fair, fast, and accurate decisions.

ARTICLE IV. RELEVANCE AND ITS LIMITS

Rule 401. Test for Relevant Evidence

  • Relevant evidence makes an important fact more likely to be true.

Rule 402. Relevant Evidence Admissible; Irrelevant Evidence Inadmissible

  • All relevant evidence is admissible in court, while irrelevant evidence is not.

Rule 403. Excluding Relevant Evidence…

  • Relevant evidence may be excluded if its danger of prejudice outweighs its probative value.

Rule 404. Character Evidence

  • Character evidence is evidence of a person’s character or character trait.

  • It is not admissible to prove that a person acted according to that character.

  • It is admissible to prove motive, opportunity, intent, plan, and knowledge.

  • It is admissible to prove pertinent traits (character traits that relate to a particular element of a crime or its defense).

Rule 405. Methods of Proving Character

  • Character can be proven by reputation or opinion, or by specific instances of conduct.

ARTICLE VI. WITNESS/WITNESS EXAMINATION

Rule 601. Competency to Testify in General

  • Any witness can testify unless the rules provide otherwise.

Rule 602. Need for Personal Knowledge

  • A witness may only testify to what they have personal knowledge of. [exception in Rule 703]

Rule 603. Oath to Testify Truthfully

  • Every witness, led by the bailiff, must give an oath to testify truthfully before testifying.

Rule 607. Who May Impeach a Witness

  • Any party may impeach a witness.

Rule 608. A Witness’s Character for Truthfulness or Untruthfulness

  • Truthfulness can be proven by reputation or opinion only if it has already been attacked.

  • It cannot be proven by specific instances of conduct unless during cross-examination.

Rule 609. Impeachment by Evidence of a Criminal Conviction

  • Truthfulness can be disproven by a criminal conviction if the punishment was death or over a year in prison, and the crime has an element that requires dishonesty.

  • It must only be admitted in a civil case if the witness is not a defendant. [subject to Rule 403]

  • If 10 years have passed since conviction or release for it, its probative value must (through specificity) substantially outweigh prejudice, and the opposing party receives a written notice of intent to use.

  • It is not admissible if it has been pardoned or annulled, and the person was not convicted of a later crime punishable by death or imprisonment for over a year, or the person was found innocent.

  • If the person is a juvenile, it is only admissible if it is a criminal case, the adjudication was of a non-defendant witness, its adult conviction is admissible, and the evidence is necessary.

  • It is admissible even if an appeal is pending.

Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence

  • The court controls examinations to ensure accuracy, efficiency, and witnesses’ protection.

  • The scope of a cross-examination is not limited to the scope of the prior direct examination.

  • Leading questions are not allowed during a direct examination, but are allowed during cross-examination or with a hostile witness.

  • The cross-examination may be followed by a redirect examination, and the redirect may be followed by a recross.

  • Their scopes are limited to the prior examinations.

  • The only permitted motion is requesting the judge to strike testimony

    following a successful objection.

Rule 612. Writing Used to Refresh a Witness’s Memory

  • An attorney may use a witness’s affidavit to remind them of a statement they made in it.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 701. Opinion Testimony by Lay Witness

  • A lay witness’s opinion testimony is limited to rational conclusions and clarifications, and cannot require specialized knowledge.

Rule 702. Testimony by Expert Witness

  • Expert testimony is admissible if it is necessary, is based on sufficient facts, and reliably applies reliable methods to said facts.

Rule 703. Bases of an Expert Witness

  • An expert may base their opinion on facts they were provided or personally observed.

  • If the facts are typically relied upon by people in their field, the opinion is automatically admissible. [subject to Rule 403]

Rule 704. Opinion on the Ultimate Issue

  • Witness testimony by opinion is not inadmissible solely because it embraces the ultimate issue.

  • An expert witness may not testify that the defendant’s mental state or condition fulfills an element of the crime.

Rule 705. Disclosing the Facts Underlying an Expert

  • An expert witness is not required to disclose the facts their opinion is based upon unless during cross-examination.

ARTICLE VIII. HEARSAY

Rule 801. Definition of Hearsay; Exclusions from Hearsay

  • Hearsay is an out-of-court statement offered for the truth of the matter asserted (in said statement).

  • A statement is a person’s intended assertion.

  • The declarant is the person who made the statement.

  • If the declarant was inconsistent with their testimony under oath, and can be cross-examined, it is not hearsay.

  • If the declarant was consistent with their testimony to respond to claims of fabrication or lack of credibility, and can be cross-examined, it is not hearsay.

  • If the declarant gave a statement to identify someone the declarant perceived, and can be cross-examined, it is not hearsay.

  • If a statement was offered against an opposing party and is at all supported by that party, it is not hearsay.

Rule 802. The Rule Against Hearsay

  • Hearsay is inadmissible.

Rule 803. Exceptions to the Rule Against Hearsay

  • If it is offered for a person’s present-sense impression, it is not excluded.

  • If it is offered as an excited utterance, it is not excluded.

  • If it is offered for a person’s then-existing condition, it is not excluded.

  • If it is offered for medical diagnosis or treatment, it is not excluded.

  • If it is a record on a matter that a witness cannot recall now, yet adopted when fresh in their memory, and that accurately reflects the witness’s knowledge, it is not excluded from evidence (adverse party must offer as an exhibit).

  • If it is a record that was made at the time using knowledge, was kept in the course of regularly conducted activity of some party, was a regular practice of that activity, was done in a trustworthy manner, and all this is confirmed by qualified testimony, it is not excluded. 

Rule 805. Hearsay within Hearsay

  • Hearsay within hearsay is only admissible if both parts of the statement are exceptions/exclusions from hearsay.

Rule 806. Attacking and Supporting the Declarant’s Credibility

  • If hearsay is admitted, the declarant’s credibility can be attacked and then supported by admissible evidence [subject to Rules 405, 608, and 609]

  • Evidence of inconsistent conduct is admissible. 

  • The party against whom the statement was admitted may “cross-examine” the declarant if they are called as their own witness.

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

Rule 901. Authenticating or Identifying Evidence

  • Evidence may only be introduced if it is within the casebook and is relevant to the case.

  • Evidence must be identified and shown to be authentic by testimony of a witness with knowledge, distinctive characteristics, opinion about a voice, or be stipulated to before it can be admitted.