Rule 101. Scope

These rules govern proceedings in the courts of the State of Midlands (except for MRE 1101).

Midlands is recognized as being in the United States and as governed by the U.S. Constitution

Rule 103. Rules on Evidence

(Objection, Offer of Proof, Use of Evidence not Admitted)

(a) Effect of Erroneous Ruling:

(1) Objection. In the case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the ground of objection, if the specific ground was not apparent from the context

(2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

(3) Use of evidence not admitted. Materials ruled inadmissible or stricken by the court, may not be used in closing argument.

Rule 103. Rulings on Evidence

(Hearing of Jury, Plain Error)

(c) Hearing of Jury. In jury cases, proceedings shall be conducted to prevent inadmissible evidence from being suggested to the jury by any means (making states or offers of proof or asking questions in the hearing of the jury)

(d) Plain Error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

Rule 104. Preliminary Questions

(a,b,e)

(a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of privilege, or the admisibility of evidence shall be determined by the court (subdivision b)

(b) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a acondition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

(e) Weight and Credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

Rule 106. Remainder of or Related Writings of Recorded Statements

Rule of Completeness

When a writing or recorded statement (or part of) is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought (in fairness) be considered as well.

Rule 201. Judicial Notice of Adjudicative Facts

(a,b,d,e,f,g)

(a) Scope of rule. This rule governs only judicial notice of
adjudicative facts.

(b) Kinds of facts. A judicially noticed fact must be one not
subject to reasonable dispute in that it is either (1) generally known
within the territorial jurisdiction of the trial court or (2) generally
understood and verifiable by ready sources beyond dispute
including but not limited to calendar events.

(d) When mandatory. A court shall take judicial notice if
requested by a party and supplied with the necessary information.

(e) Opportunity to be heard. A party is entitled upon timely
request to an opportunity to be heard as to the propriety of taking
judicial notice and the tenor of the matter noticed. In the absence
of prior notification, the request may be made after judicial notice
has been taken.

(f) Time of taking notice. Judicial notice may be taken at any
stage of the proceeding.

(g) Instructing jury. In a civil action or proceeding, the court shall
instruct the jury to accept as conclusive any fact judicially noticed.
In a criminal case, the court shall instruct the jury that it may, but
is not required to, accept as conclusive any fact judicially noticed.

Rule 301. Presumption in General in Civil Actions and Proceedings

Rule 401. Definition of "Relevant Evidence"

Relevant evidence means any evidence tending to make the existence or nonexistence of a fact necessary  for the resolution of the action more or less probable.

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

Relevant evidence is admissible unless otherwise provided by the constitution or these rules. Evidence which is not relevant is not admissble.

Rule 403. Exclusion of Relevant Evidence on Grounds of PREJUDICE, CONFUSION, or WASTE OF TIME

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of...

unfair prejudice

confusion of the issues

misleading the jury

considerations of undue delay

waste of time

needless presentation of cumulative evidence

404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

(a)(1)

(a) Character Evidence Generally. Evidence of a person's character or a trait of character is not admissible to prove action and conformity therewith on a particular occasion, except...

(1) Character of Accused. In a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same,

or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution.

Because there are no rebuttal witnesses, the defendant must notify the court and opposing counsel in writing at captains' of the intention to offer such evidence. This allows the prosecution to offer such evidence in their case in chief.

404. (a)(2)

(2) Character of Alleged Victim.

In a criminal case, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor.

Defense must notify prosecution before this evidence is introduced

404. (a)(3)

Character of Witness. Evidence of the character of a witness, as provided in rules 607, 608, and 609.

404. (b)

Other Crimes, Wrongs, or Acts

Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith.

It may however be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, idnetity or absense of mistake or accident.

Prosecution must provide written notice of such intent

405. (a) Methods of Proving Character

(a) Reputation or Opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination inquiry is allowable into relevant specific instances of conduct.

405. (b) Methods of Proving Character

(b) Specific Instances of Conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct.

406. Habit; Routine Practice

Evidence of the habit of a person or of the routine practices of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity witht he habit or routine practice.

407. Subsequent Remedial Measures

When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the 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, a defect in a product's design, or a need for warning or instruction.

This rule does not require the exclusion of evidence of subsequence measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.

Rule 408. Compromise and Offers to Compromise

Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount.

Evidence of conduct or statements made in compromise negotiations is likewise not admissible.This rule does not require the exclusion fo any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations.

This rule also does not require excluision when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of unde delay or proving an effort to obstruct a criminal investigation or prosecution.

409. Payment of Medical and Similar Expenses

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

410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

Except as otherwise provided in this rule, evidence of the following is not, in any civil or ciminal proceeding, admissible against the defendant who made the plea or was a participant in plea discussion: 

(1) a plea of guilty which was later withdrawn;

(2) a plea of nolo contendere;

(3) omitted

(4) any statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty or which result in a plea of guilty later withdrawn.

411. Liability Insurance

Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.

This rule does not require the exclusion of evidence of insurance against liability when offered for another prupose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.

501. Privileges recognized

Only privileges granted by a statute of the state of Midlands or by Midlands Case Law shall be recognized.

601. General Rule of Competency

Every person is competent to be a witness except as otherwise provided in these rules.

602. Lack of Personal Knowledge

(Speculation)

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. 

Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of rule 703, related to opinion testimony by expert witnesses.

603. Oath or Affirmation

Before testifying, every witness shall be presumed to have been sworn in, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind witht he duty to do so. 

605. Competency of Judge as Witness

The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.