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Mock Trial
Rules of Evidence
142
Law
Undergraduate 4
10/18/2011
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Term
101
 Definition
Scope

These rules govern proceedings in the courts of the State of
Midlands to the extent and with the exceptions stated in MRE
1101. No bureaucratic organizations whose edicts govern conduct
in Midlands are considered to exist unless specified within the case
problem.

Comment: Midlands is recognized as being in the United States
and as governed by the U.S. Constitution.
Term
102
 Definition
Purpose and Construction

These rules shall be construed to secure fairness in administration,
elimination of unjustifiable expense and delay, and promotion of
growth and development of the law of evidence to the end that the
truth may be ascertained and proceedings justly determined.
Term
103(a)(1)
 Definition
Rulings on Evidence

(a) Effect of Erroneous Ruling. Error may not be predicated upon
a ruling which admits or excludes evidence unless a substantial
right of the party is affected, and

(1) Objection. In case the ruling is one admitting evidence, a
timely objection or motion to strike appears of record, stating
the specific ground of objection, if the specific ground was
not apparent from the context.
Term
103(a)(2)
 Definition
Rulings on Evidence

(a) Effect of Erroneous Ruling. Error may not be predicated upon
a ruling which admits or excludes evidence unless a substantial
right of the party is affected, and

(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.

Once the court makes a definitive ruling on the record
admitting or excluding evidence, either at or before trial, a
party need not renew an objection or offer of proof to
preserve a claim of error for appeal.
Term
103(a)(3)
 Definition
Rulings on Evidence

(a) Effect of Erroneous Ruling. Error may not be predicated upon
a ruling which admits or excludes evidence unless a substantial
right of the party is affected, and

(3) Use of evidence not admitted. Notwithstanding an offer
of proof made, materials ruled inadmissible or stricken by the
court, may not be used in closing argument.
Term
103(c)
 Definition
Rulings on Evidence

(c) Hearing of Jury.—In jury cases, proceedings shall be
conducted, to the extent practicable, so as to prevent inadmissible
evidence from being suggested to the jury by any means, such as
making statements or offers of proof or asking questions in the
hearing of the jury.
Term
103(d)
 Definition
Rulings on Evidence

(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.
Term
104(a)
 Definition
Preliminary Questions

(a) Questions of admissibility generally. Preliminary questions
concerning the qualification of a person to be a witness, the
existence of a privilege, or the admissibility of evidence shall be
determined by the court, subject to the provisions of subdivision
(b). In making its determination it is not bound by the rules of
evidence except those with respect to privileges.
Term
104(b)
 Definition
Preliminary Questions

(b) Relevancy conditioned on fact. When the relevancy of
evidence depends upon the fulfillment of a condition 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.
Term
104(e)
 Definition
Preliminary Questions

(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.
Term
106
 Definition
Remainder of of Related Writings or Recorded Statements

When a writing or recorded statement or part thereof 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 to be considered contemporaneously with
it.

Comment: This rule of completeness applies only to material
provided in the case packet. This rule does not reference any
material not provided in the case packet.
Term
201(a)
 Definition
Judicial Notice of Adjudicative Facts

(a) Scope of rule. This rule governs only judicial notice of
adjudicative facts.
Term
201(b)
 Definition

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.
Term
201(d)
 Definition
Judicial Notice of Adjudicative Facts

(d) When mandatory. A court shall take judicial notice if
requested by a party and supplied with the necessary information.
Term
201(e)
 Definition
Judicial Notice of Adjudicative Facts

(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.
Term
201(f)
 Definition
Judicial Notice of Adjudicative Facts

(f) Time of taking notice. Judicial notice may be taken at any
stage of the proceeding.
Term
201(g)
 Definition
Judicial Notice of Adjudicative Facts

(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.
Term
301
 Definition
Presumptions in General Civil Actions and Proceedings

In all civil actions and proceedings not otherwise provided for by
the laws of Midlands or by these rules, a presumption imposes on
the party against whom it is directed the burden of going forward
with evidence to rebut or meet the presumption, but does not shift
to such party the burden of proof in the sense of the risk of
nonpersuasion, which remains throughout the trial upon the party
on whom it was originally cast.
Term
401
 Definition
Definition of "Relevant Evidence"

“Relevant evidence” means any evidence tending to makes the
existence or nonexistence of a fact necessary for the resolution of
the action more or less probable
Term
402
 Definition
Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

All relevant evidence is admissible, except as otherwise provided
by the Constitution of the United States, by these rules, or by other
rules prescribed in Midlands pursuant to statutory authority.
Evidence which is not relevant is not admissible.

Comment: Relevant evidence is limited to the information supplied
by or reasonably inferred from the case materials supplied by
AMTA. For further explanation see Rule 3.4 of the AMTA Rules
of Professional Conduct and Decorum.
Term
403
 Definition
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, or misleading the jury, or by
considerations of undue delay, waste of time, or needless
presentation of cumulative evidence.
Term
404(a)(1)
 Definition
Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes

(a) Character Evidence Generally.--Evidence of a person's
character or a trait of character is not admissible for the purpose of
proving action in 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. 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. If such notice is given, the form included with
these Rules of Evidence should be completed and presented
to the judges with the ballots, and the prosecution may also
offer such character evidence during its case-in-chief.
Term
404(a)(2)
 Definition
Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes

(a) Character Evidence Generally.--Evidence of a person's
character or a trait of character is not admissible for the purpose of
proving action in conformity therewith on a particular occasion,
except:

(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. In lieu of rebuttal witness availability,
a defendant must first notify opposing counsel in writing at
the Captains' Meeting of the intention to offer such evidence.
If such notice is given, the form included with these Rules of
Evidence should be completed and presented to the judges
with the ballots, and the prosecution may also offer such
character evidence during its case-in-chief.
Term
404(a)(3)
 Definition
Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes

(a) Character Evidence Generally.--Evidence of a person's
character or a trait of character is not admissible for the purpose of
proving action in conformity therewith on a particular occasion,
except:

(3) Character of Witness. Evidence of the character of a
witness, as provided in rules 607, 608, and 609.
Term
404(b)
 Definition
Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes

(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, identity, or
absence of mistake or accident. The prosecution in a criminal case
shall provide written notice of such intent prior to witness selection
in the captains' meeting.
Term
405(a)
 Definition
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.
Term
405(b)
 Definition
Method 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.
Term
406
 Definition
Habit; Routine Practice

Evidence of the habit of a person or of the routine practice 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 with the habit or routine practice
Term
407
 Definition
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 a
warning or instruction. This rule does not require the exclusion of
evidence of subsequent measures when offered for another
purpose, such as proving ownership, control, or feasibility of
precautionary measures, if controverted, or impeachment.
Term
408
 Definition
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 of any evidence otherwise discoverable merely
because it is presented in the course of compromise negotiations.
This rule also does not require exclusion when the evidence is
offered for another purpose, such as proving bias or prejudice of a
witness, negativing a contention of undue delay, or proving an
effort to obstruct a criminal investigation or prosecution
Term
409
 Definition
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.
Term
410
 Definition
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 criminal proceeding, admissible
against the defendant who made the plea or was a participant in the
plea discussions:

(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.

However, such a statement is admissible (i) in any proceeding
wherein another statement made in the course of the same plea or
plea discussions has been introduced and the statement ought in
fairness be considered contemporaneously with it, or (ii) in a
criminal proceeding for perjury or false statement if the statement
was made by the defendant under oath, on the record and in the
presence of counsel.
Term
411
 Definition
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
purpose, such as proof of agency, ownership, or control, or bias or
prejudice of a witness.
Term
501
 Definition
Privileges Recognized

Only privileges granted by a statute of the state of Midlands or by Midlands Case law shall be recognized.
Term
601
 Definition
General Rule of Competency

Every person is competent to be a witness except as otherwise
provided in these rules.
Term
602
 Definition
Lack of 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. 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, relating to opinion
testimony by expert witnesses.
Term
603
 Definition
Oath of 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
with the duty to do so.
Term
605
 Definition
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.
Term
607
 Definition
Who May Impeach

The credibility of a witness may be attacked by any party,
including the party calling the witnes
Term
608(a)
 Definition
Evidence of Character and Conduct of Witness

(a) Opinion and reputation evidence of character. The
credibility of a witness may be attacked or supported by evidence
in the form of opinion or reputation, but subject to these
limitations: (1) the evidence may refer only to character for
truthfulness or untruthfulness, and (2) evidence of truthful
character is admissible only after the character of the witness for
truthfulness has been attacked by opinion or reputation evidence or
otherwise.

Comment: Written notice required in civil and criminal cases. In
lieu of rebuttal witness availability, if the party attacking the
character of the witness for truthfulness is the defense and witness
is a plaintiff/prosecution witness, the defense must first notify
opposing counsel in writing at the Captains' Meeting of the
intention to offer such evidence. If such notice is given, the form
included with these Rules of Evidence should be completed and
presented to the judges with the ballots, and plaintiff/prosecution
may offer evidence of truthful character during its case-in-chief.
Term
608(b)
 Definition
Evidence of Character and Conduct of Witness

(b) Specific instances of conduct. Specific instances of the
conduct of a witness, for the purpose of attacking or supporting the
witness' credibility, other than conviction of crime as provided in
rule 609, may not be proved by extrinsic evidence. They may,
however, in the discretion of the court, if probative of truthfulness
or untruthfulness, be inquired into on cross- examination of the
witness (1) concerning the witness' character for truthfulness or
untruthfulness, or (2) concerning the character for truthfulness or
untruthfulness of another witness as to which character the witness
being cross-examined has testified.
Term
609(a)(1)
 Definition
Impeachment by Evidence of Conviction of Crime

(a) General rule. For the purpose of attacking the credibility of a
witness,

(1) evidence that a witness other than an accused has been
convicted of a crime shall be admitted, subject to Rule 403, if
the crime was punishable by death or imprisonment in excess
of one year under the law under which the witness was
convicted, and evidence that an accused has been convicted
of such a crime shall be admitted if the court determines that
the probative value of admitting this evidence outweighs its
prejudicial effect to the accused.
Term
609(a)(2)
 Definition
Impeachment by Evidence of Conviction of Crime

(a) General rule. For the purpose of attacking the credibility of a
witness,

(2) evidence that any witness has been convicted of a crime
shall be admitted if it involved dishonesty or false statement,
regardless of the punishment.
Term
609(b)
 Definition
Impeachment by Evidence of Conviction of Crime

(b) Time limit. Evidence of a conviction under this rule is not
admissible if a period of more than ten years has elapsed since the
date of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is the later
date, unless the court determines, in the interests of justice, that the
probative value of the conviction supported by specific facts and
circumstances substantially outweighs its prejudicial effect.
However, evidence of a conviction more than 10 years old as
calculated herein, is not admissible unless the proponent gives to
the adverse party sufficient advance written notice of intent to use
such evidence to provide the adverse party with a fair opportunity
to contest the use of such evidence.
Term
609(c)
 Definition
Impeachment by Evidence of Conviction of Crime

(c) Effect of pardon, annulment, or certificate of rehabilitation.
Evidence of a conviction is not admissible under this rule if (1) the
conviction has been the subject of a pardon, annulment, certificate
of rehabilitation, or other equivalent procedure based on a finding
of the rehabilitation of the person convicted, and that person has
not been convicted of a subsequent crime which was punishable by
death or imprisonment in excess of one year, or (2) the conviction
has been the subject of a pardon, annulment, or other equivalent
procedure based on a finding of innocence.
Term
609(d)
 Definition
Impeachment by Evidence of Conviction of Crime

(d) Juvenile adjudications. Evidence of juvenile adjudications is
generally not admissible under this rule. The court may, however,
in a criminal case allow evidence of a juvenile adjudication of a
witness other than the accused if conviction of the offense would
be admissible to attack the credibility of an adult and the court is
satisfied that admission in evidence is necessary for a fair
determination of the issue of guilt or innocence.
Term
609(e)
 Definition
Impeachment by Evidence of Conviction of Crime

(e) Pendency of appeal. The pendency of an appeal therefrom
does not render evidence of a conviction inadmissible. Evidence of
the pendency of an appeal is admissible.
Term
610
 Definition
Religious Beliefs or Opinions

Evidence of the beliefs or opinions of a witness on matters of
religion is not admissible for the purpose of showing that by reason
of their nature the witness's credibility is impaired or enhanced.
Term
611(b)
 Definition
Mode and Order of Interrogation and Presentation

(b) Scope of cross-examination. Cross-examination, other than
the initial cross-examination, should be limited to the subject
matter of the direct examination immediately preceding it and
matters affecting the credibility of the witness. The court may, in
the exercise of discretion, permit inquiry into additional matters as
if on direct examination.
Term
611(c)
 Definition
Mode and Order of Interrogation and Presentation

(c) Leading questions. Leading questions should not be used on
the direct examination of a witness except as may be necessary to
develop the witness' testimony. Ordinarily leading questions
should be permitted on cross- examination. When a party calls a
hostile witness, an adverse party, or a witness identified with an
adverse party, interrogation may be by leading questions.
Term
611(c)
 Definition
Mode and Order of Interrogation and Presentation

(c) Leading questions. Leading questions should not be used on
the direct examination of a witness except as may be necessary to
develop the witness' testimony. Ordinarily leading questions
should be permitted on cross- examination. When a party calls a
hostile witness, an adverse party, or a witness identified with an
adverse party, interrogation may be by leading questions.
Term
612
 Definition
Writing Used to Refresh Memory

A witness may use any material provided by AMTA to refresh
memory either during or prior to giving testimony.
Term
613(a)
 Definition
Prior Statements of Witnesses

(a) Examining witness concerning prior statement. In
examining a witness concerning a prior statement made by the
witness, whether written or not, the statement need not be shown
nor its contents disclosed to the witness at that time, but on request
the same shall be shown or disclosed to opposing counsel
Term
613(b)
 Definition
Prior Statements of Witnesses

(b) Extrinsic evidence of prior inconsistent statement of
witness. Extrinsic evidence of a prior inconsistent statement by a
witness is not admissible unless the witness is afforded an
opportunity to explain or deny the same and the opposite party is
afforded an opportunity to interrogate the witness thereon, or the
interests of justice otherwise require. This provision does not apply
to admissions of a party-opponent as defined in rule 801(d)(2).
Term
614
 Definition
Calling and Interrogation of Witnesses by Court

Calling and/or interrogation of witnesses by court is not allowed.
Term
615
 Definition
Exclusion of Witnesses

At the request of a party the court shall order witnesses
constructively excluded so that they cannot hear the testimony of
other witnesses. This rule does not authorize the constructive
exclusion of (1) a party who is a natural person, (2) an officer or
employee of a party which is not a natural person designated as its
representative, or (3) a person authorized by a statute provided in
the case materials to be present.

Comment to Rule 615: This Rule does not permit the actual
exclusion of students portraying witnesses. Rather, it allows for
the constructive exclusion of some witnesses
Term
701
 Definition
Opinion Testimony by Lay Witnesses

If the witness is not testifying as an expert, the witness' testimony
in the form of opinions or inferences is limited to those opinions or
inferences which are (a) rationally based on the perception of the
witness, (b) helpful to a clear understanding of the witness'
testimony or the determination of a fact in issue, and (c) not based
on scientific, technical, or other specialized knowledge within the
scope of Rule 702.
Term
702
 Definition
Testimony by Experts

If scientific, technical, or other specialized knowledge will assist
the trier of fact to understand the evidence or to determine a fact in
issue, a witness qualified as an expert by knowledge, skill,
experience, training, or education, may testify thereto in the form
of an opinion or otherwise, if (1) the testimony is based upon
sufficient facts or data, (2) the testimony is the product of reliable
principles and methods, and (3) the witness has applied the
principles and methods reliably to the facts of the case.
Term
703
 Definition
Bases of Opinion Testimony by Experts

The facts or data in the particular case upon which an expert bases
an opinion or inference may be those perceived by or made known
to the expert at or before the hearing. If of a type reasonably relied
upon by experts in the particular field in forming opinions or
inferences upon the subject, the facts or data need not be
admissible in evidence in order for the opinion or inference to be
admitted. Facts or data that are otherwise inadmissible shall not be
disclosed to the jury by the proponent of the opinion or inference
unless the court determines that their probative value in assisting
the jury to evaluate the expert's opinion substantially outweighs
their prejudicial effect.
Term
704(a)
 Definition
Opinion on Ultimate Issue

(a) Except as provided in subdivision (b), testimony in the form of
an opinion or inference otherwise admissible is not objectionable
because it embraces an ultimate issue to be decided by the trier of
fact.
Term
704(b)
 Definition
Opinion on Ultimate Issue

(b) No expert witness testifying with respect to the mental state or
condition of a defendant in a criminal case may state an opinion or
inference as to whether the defendant did or did not have the
mental state or condition constituting an element of the crime
charged or of a defense thereto. Such ultimate issues are matters
for the trier of fact alone.
Term
705
 Definition
Disclosure of Facts or Data Underlying Expert Opinion

The expert may testify in terms of opinion or inference and give
reasons therefor without first testifying to the underlying facts or
data, unless the court requires otherwise. The expert may in any
event be required to disclose the underlying facts or data on cross-examination.
Term
801(a)
 Definition
Definitions.

(a) Statement. A "statement" is (1) an oral or written assertion or
(2) nonverbal conduct of a person, if it is intended by the person as
an assertion.
Term
801(b)
 Definition
Definitions.

(b) Declarant. A "declarant" is a person who makes a statement.
Term
801(c)
 Definition
Definitions.

(c) Hearsay. "Hearsay" is a statement, other than one made by the
declarant while testifying at the trial or hearing, offered in
evidence to prove the truth of the matter asserted.
Term
801(d)(1)
 Definition
Definitions

(d) Statements which are not hearsay. A statement is not hearsay
if

(1) Prior statement by witness. The declarant testifies at the
trial or hearing and is subject to cross-examination
concerning the statement, and the statement is (A)
inconsistent with the declarant's testimony, and was given
under oath subject to the penalty of perjury at a trial, hearing,
or other proceeding, or in a deposition, or (B) consistent with
the declarant's testimony and is offered to rebut an express or
implied charge against the declarant of recent fabrication or
improper influence or motive, or (C) one of identification of
a person made after perceiving the person
Term
801(d)(2)
 Definition
Definitions

(d) Statements which are not hearsay. A statement is not hearsay
if

(2) Admission by party-opponent. The statement is offered
against a party and is (A) the party's own statement, in either
an individual or a representative capacity or (B) a statement
of which the party has manifested an adoption or belief in its
truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. The contents of the statement shall be considered but are not alone sufficient to establish the declarant's authority under subdivision (C), the agency or employment relationship and scope thereof under subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision (E).
Term
802
 Definition
Hearsay Rule

Hearsay is not admissible except as provided by these rules or by
other rules prescribed by the Midlands Supreme Court pursuant to
statutory authority.
Term
803(1)
 Definition
Hearsay Exceptions; Availability of Declarant Immaterial

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1) Present sense impression. A statement describing or
explaining an event or condition made while the declarant was
perceiving the event or condition, or immediately thereafter.
Term
803(2)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness

(2) Excited utterance. A statement relating to a startling event or
condition made while the declarant was under the stress of
excitement caused by the event or condition.
Term
803(3)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(3) Then existing mental, emotional, or physical condition. A
statement of the declarant's then existing state of mind, emotion,
sensation, or physical condition (such as intent, plan, motive,
design, mental feeling, pain, and bodily health), but not including a
statement of memory or belief to prove the fact remembered or
believed unless it relates to the execution, revocation,
identification, or terms of declarant's will.
Term
803(4)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(4) Statements for purposes of medical diagnosis or treatment.
Statements made for purposes of medical diagnosis or treatment
and describing medical history, or past or present symptoms, pain,
or sensations, or the inception or general character of the cause or
external source thereof insofar as reasonably pertinent to diagnosis
or treatment.
Term
803(5)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(5) Recorded recollection. A memorandum or record concerning
a matter about which a witness once had knowledge but now has
insufficient recollection to enable the witness to testify fully and
accurately, shown to have been made or adopted by the witness
when the matter was fresh in the witness' memory and to reflect
that knowledge correctly. If admitted, the memorandum or record
may be read into evidence but may not itself be received as an
exhibit unless offered by an adverse party.
Term
803(6)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness


(6) Records of Regularly Conducted Activity.--A memorandum,
report, record, or data compilation, in any form, of acts, events,
conditions, opinions, or diagnoses, made at or near the time by, or
from information transmitted by, a person with knowledge, if kept
in the course of a regularly conducted business activity, and if it
was the regular practice of that business activity to make the
memorandum, report, record or data compilation, all as shown by
the testimony of the custodian or other qualified witness, or by
certification that complies with Rule 902(11), Rule 902(12), or a
statute permitting certification, unless the source of information or
the method or circumstances of preparation indicate lack of
trustworthiness. The term "business" as used in this paragraph
includes business, institution, association, profession, occupation,
and calling of every kind, whether or not conducted for profit.
Term
803(7)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(7) Absence of entry in records kept in accordance with the
provisions of paragraph (6). Evidence that a matter is not
included in the memoranda reports, records, or data compilations,
in any form, kept in accordance with the provisions of paragraph
(6), to prove the nonoccurrence or nonexistence of the matter, if
the matter was of a kind of which a memorandum, report, record,
or data compilation was regularly made and preserved, unless the
sources of information or other circumstances indicate lack of
trustworthiness.
Term
803(8)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(8) Public records and reports. Records, reports, statements, or
data compilations, in any form, of public offices or agencies,
setting forth (A) the activities of the office or agency, or (B)
matters observed pursuant to duty imposed by law as to which
matters there was a duty to report, excluding, however, in criminal
cases matters observed by police officers and other law
enforcement personnel, or (C) in civil actions and proceedings and
against the Government in criminal cases, factual findings
resulting from an investigation made pursuant to authority granted
by law, unless the sources of information or other circumstances
indicate lack of trustworthiness.
Term
803(9)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(9) Records of vital statistics. Records or data compilations, in
any form, of births, fetal deaths, deaths, or marriages, if the report
thereof was made to a public office pursuant to requirements of
law.
Term
803(10)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(10) Absence of public record or entry. To prove the absence of
a record, report, statement, or data compilation, in any form, or the
nonoccurrence or nonexistence of a matter of which a record,
report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the
form of a certification in accordance with rule 902, or testimony,
that diligent search failed to disclose the record, report, statement,
or data compilation, or entry.
Term
803(11)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(11) Records of religious organizations. Statements of births,
marriages, divorces, deaths, legitimacy, ancestry, relationship by
blood or marriage, or other similar facts of personal or family
history, contained in a regularly kept record of a religious
organization.
Term
803(12)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(12) Marriage, baptismal, and similar certificates. Statements of
fact contained in a certificate that the maker performed a marriage
or other ceremony or administered a sacrament, made by a
clergyman, public official, or other person authorized by the rules
or practices of a religious organization or by law to perform the act
certified, and purporting to have been issued at the time of the act
or within a reasonable time thereafter.
Term
803(13)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(13) Family records. Statements of fact concerning personal or
family history contained in family Bibles, genealogies, charts,
engravings on rings, inscriptions on family portraits, engravings on
urns, crypts, or tombstones, or the like.
Term
803(14)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(14) Records of documents affecting an interest in property.
The record of a document purporting to establish or affect an
interest in property, as proof of the content of the original recorded
document and its execution and delivery by each person by whom
it purports to have been executed, if the record is a record of a
public office and an applicable statute authorizes the recording of
documents of that kind in that office.
Term
803(15)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

A statement contained in a document purporting to establish or
affect an interest in property if the matter stated was relevant to the
purpose of the document, unless dealings with the property since
the document was made have been inconsistent with the truth of
the statement or the purport of the document.
Term
803(16)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(16) Statements in ancient documents. Statements in a document
in existence twenty years or more the authenticity of which is
established.
Term
803(17)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(17) Market reports, commercial publications. Market
quotations, tabulations, lists, directories, or other published
compilations, generally used and relied upon by the public or by
persons in particular occupations.
Term
803(18)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(18) Learned treatises. To the extent called to the attention of an
expert witness upon cross-examination or relied upon by the expert
witness in direct examination, statements contained in published
treatises, periodicals, or pamphlets on a subject of history,
medicine, or other science or art, established as a reliable authority
by the testimony or admission of the witness or by other expert
testimony or by judicial notice. If admitted, the statements may be
read into evidence but may not be received as exhibits.
Comment: This rule concerns published treatises, periodicals, or
pamphlets on a subject of history, medicine, or other science or art,
that have been provided in the case packet. Mere reference to a
title in the packet is insufficient, the entirety of the item must be
provided in the case packet for this rule to be applicable.
Term
803(19)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(19) Reputation concerning personal or family history.
Reputation among members of a person's family by blood,
adoption, or marriage, or among a person's associates, or in the
community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood, adoption, or
marriage, ancestry, or other similar fact of personal or family
history.
Term
803(20)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness

(20) Reputation concerning boundaries or general history.
Reputation in a community, arising before the controversy, as to
boundaries of or customs affecting lands in the community, and
reputation as to events of general history important to the
community or State or nation in which located.
Term
803(21)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(21) Reputation as to character. Reputation of a person's
character among associates or in the community.
Term
803(22)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(22) Judgment of previous conviction. Evidence of a final
judgment, entered after a trial or upon a plea of guilty (but not
upon a plea of nolo contendere), adjudging a person guilty of a
crime punishable by death or imprisonment in excess of one year,
to prove any fact essential to sustain the judgment, but not
including, when offered by the Government in a criminal
prosecution for purposes other than impeachment, judgments
against persons other than the accused. The pendency of an appeal
may be shown but does not affect admissibility.
Term
803(23)
 Definition
Hearsay Exceptions; Availability of Declarant
Immaterial

The following are not excluded by the hearsay rule, even though
the declarant is available as a witness:

(23) Judgment as to personal, family, or general history, or
boundaries. Judgments as proof of matters of personal, family or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.
Term
804(a)
 Definition
Hearsay Exceptions; Declarant Unavailable

(a) Definition of unavailability. "Unavailability as a witness"
includes situations in which the declarant—

(1) is exempted by ruling of the court on the ground of
privilege from testifying concerning the subject matter of the
declarant's statement; or

(2) persists in refusing to testify concerning the subject
matter of the declarant's statement despite an order of the
court to do so; or

(3) testifies to a lack of memory of the subject matter of the
declarant's statement; or

(4) is unable to be present or to testify at the hearing because
of death or then existing physical or mental illness or
infirmity

A declarant is not unavailable as a witness if exemption, refusal,
claim of lack of memory, inability, or absence is due to the
procurement or wrongdoing of the proponent of a statement for the
purpose of preventing the witness from attending or testifying.
Term
804(b)(1)
 Definition
Hearsay Exceptions; Declarant Unavailable

(b) Hearsay exceptions. The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:

(1) Former testimony. Testimony given as a witness at
another hearing of the same or a different proceeding, or in a
deposition taken in compliance with law in the course of the
same or another proceeding, if the party against whom the
testimony is now offered, or, in a civil action or proceeding, a
predecessor in interest, had an opportunity and similar motive
to develop the testimony by direct, cross, or redirect
examination.
Term
804(b)(2)
 Definition
Hearsay Exceptions; Declarant Unavailable

(b) Hearsay exceptions. The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:

(2) Statement under belief of impending death. In a
prosecution for homicide or in a civil action or proceeding, a
statement made by a declarant while believing that the
declarant's death was imminent, concerning the cause or
circumstances of what the declarant believed to be impending
death.
Term
804(b)(3)
 Definition
Hearsay Exceptions; Declarant Unavailable

(b) Hearsay exceptions. The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:

(3) Statement against interest. A statement which was at
the time of its making so far contrary to the declarant's
pecuniary or proprietary interest, or so far tended to subject
the declarant to civil or criminal liability, or to render invalid
a claim by the declarant against another, that a reasonable
person in the declarant's position would not have made the
statement unless believing it to be true. A statement tending
to expose the declarant to criminal liability and offered to
exculpate the accused is not admissible unless corroborating
circumstances clearly indicate the trustworthiness of the
statement.
Term
804(b)(4)
 Definition
Hearsay Exceptions; Declarant Unavailable

(b) Hearsay exceptions. The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:

(4) Statement of personal or family history. (A) A
statement concerning the declarant's own birth, adoption,
marriage, divorce, legitimacy, relationship by blood,
adoption, or marriage, ancestry, or other similar fact of
personal or family history, even though declarant had no
means of acquiring personal knowledge of the matter stated;
or (B) a statement concerning the foregoing matters, and
death also, of another person, if the declarant was related to
the other by blood, adoption, or marriage or was so
intimately associated with the other's family as to be likely to
have accurate information concerning the matter declared.
Term
804(b)(6)
 Definition
Hearsay Exceptions; Declarant Unavailable

(b) Hearsay exceptions. The following are not excluded by the
hearsay rule if the declarant is unavailable as a witness:

(6) Forfeiture by wrongdoing. A statement offered against a
party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.
Term
805
 Definition
Hearsay Within Hearsay

Hearsay included within hearsay is not excluded under the hearsay
rule if each part of the combined statements conforms with an
exception to the hearsay rule provided in these rules.
Term
806
 Definition
Attacking and Supporting Credibility of Declarant

When a hearsay statement, or a statement defined in Rule
801(d)(2)(C), (D), or (E), has been admitted in evidence, the
credibility of the declarant may be attacked, and if attacked may be
supported, by any evidence which would be admissible for those
purposes if declarant had testified as a witness. Evidence of a
statement or conduct by the declarant at any time, inconsistent with
the declarant's hearsay statement, is not subject to any requirement
that the declarant may have been afforded an opportunity to deny
or explain. If the party against whom a hearsay statement has been
admitted calls the declarant as a witness, the party is entitled to
examine the declarant on the statement as if under cross examination
Term
901(a)
 Definition
Requirement of Authentication or Identification

(a) General provision. The requirement of authentication or
identification as a condition precedent to admissibility is satisfied
by evidence sufficient to support a finding that the matter in
question is what its proponent claims.
Term
901(b)(1)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(1) Testimony of witness with knowledge. Testimony that a
matter is what it is claimed to be.
Term
901(b)(2)
 Definition
Requirement of Authentication or Identification


(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(2) Non-expert opinion on handwriting. Non-expert opinion
as to the genuineness of handwriting, based upon familiarity
not acquired for purposes of the litigation.
Term
901(b)(3)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(3) Comparison by trier or expert witness. Comparison by
the trier of fact or by expert witnesses with specimens which
have been authenticated.
Term
901(b)(4)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(4) Distinctive characteristics and the like. Appearance,
contents, substance, internal patterns, or other distinctive
characteristics, taken in conjunction with circumstances.
Term
901(b)(5)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(5) Voice identification. Identification of a voice, whether
heard firsthand or through mechanical or electronic
transmission or recording, by opinion based upon hearing the
voice at any time under circumstances connecting it with the
alleged speaker.
Term
901(b)(6)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(6) Telephone conversations. Telephone conversations, by
evidence that a call was made to the number assigned at the
time by the telephone company to a particular person or
business, if (A) in the case of a person, circumstances,
including self-identification, show the person answering to be
the one called, or (B) in the case of a business, the call was
made to a place of business and the conversation related to
business reasonably transacted over the telephone.
Term
901(b)(7)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(7) Public records or reports. Evidence that a writing
authorized by law to be recorded or filed and in fact recorded
or filed in a public office, or a purported public record,
report, statement, or data compilation, in any form, is from
the public office where items of this nature are kept.
Term
901(b)(8)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(8) Ancient documents or data compilation. Evidence that
a document or data compilation, in any form, (A) is in such
condition as to create no suspicion concerning its
authenticity, (B) was in a place where it, if authentic, would
likely be, and (C) has been in existence 20 years or more at
the time it is offered.
Term
901(b)(9)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(9) Process or system. Evidence describing a process or
system used to produce a result and showing that the process
or system produces an accurate result.
Term
901(b)(10)
 Definition
Requirement of Authentication or Identification

(b) Illustrations. By way of illustration only, and not by way of
limitation, the following are examples of authentication or
identification conforming with the requirements of this rule:

(10) Methods provided by statute or rule. Any method of
authentication or identification provided by a Midlands
statute by other rules prescribed by the Supreme Court of
Midlands pursuant to statutory authority.
Term
902(1)
 Definition
Self-Authentication

Extrinsic evidence of authenticity as a condition precedent to
admissibility is not required with respect to the following:

(1) Domestic public documents under seal. A document bearing
a seal purporting to be that of the United States, or of any State,
district, Commonwealth, territory, or insular possession thereof, or
the Panama Canal Zone, or the Trust Territory of the Pacific
Islands, or of a political subdivision, department, officer, or agency
thereof, and a signature purporting to be an attestation or
execution.
Term
902(2)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to
admissibility is not required with respect to the following:

(2) Domestic public documents not under seal. A document
purporting to bear the signature in the official capacity of an
officer or employee of any entity included in paragraph (1) hereof,
having no seal, if a public officer having a seal and having official
duties in the district or political subdivision of the officer or
employee certifies under seal that the signer has the official
capacity and that the signature is genuine.
Term
902(3)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to
admissibility is not required with respect to the following:

(3) Foreign public documents. A document purporting to be
executed or attested in an official capacity by a person authorized
by the laws of a foreign country to make the execution or
attestation, and accompanied by a final certification as to the
genuineness of the signature and official position (A) of the
executing or attesting person, or (B) of any foreign official whose
certificate of genuineness of signature and official position relates
to the execution or attestation or is in a chain of certificates of
genuineness of signature and official position relating to the
execution or attestation. A final certification may be made by a
secretary of an embassy or legation, consul general, consul, vice
consul, or consular agent of the United States, or a diplomatic or
consular official of the foreign country assigned or accredited to
the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official
documents, the court may, for good cause shown, order that they
be treated as presumptively authentic without final certification or
permit them to be evidenced by an attested summary with or
without final certification.
Term
902(4)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to
admissibility is not required with respect to the following:

(4) Certified copies of public records. A copy of an official
record or report or entry therein, or of a document authorized by
law to be recorded or filed and actually recorded or filed in a
public office, including data compilations in any form, certified as
correct by the custodian or other person authorized to make the
certification, by certificate complying with paragraph (1), (2), or
(3) of this rule or complying with any rule prescribed by the
Midlands Supreme Court pursuant to statutory authority.
Term
902(5)
 Definition
Self-Authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(5) Official publications. Books, pamphlets, or other publications purporting to be issued by public authority.
Term
902(6)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(6) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.
Term
902(7)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.
Term
902(8)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.
Term
902(9)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(9) Commercial paper and related documents. Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.
Term
902(11)
 Definition
Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(11) Certified Domestic Records of Regularly Conducted Activity.--The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration of its custodian or other qualified person, in a manner complying with any rule prescribed by the Midlands Supreme Court pursuant to statutory authority, certifying that the record--

(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;

(B) was kept in the course of the regularly conducted activity; and

(C) was made by the regularly conducted activity as a regular practice.
A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

Comment: The sufficiency requirement of this rule is satisfied if the aforementioned notice, record, and declaration are affirmatively made available at the Captains’ Meeting.
Term
902(12)
 Definition
Self-authentication
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(12) Certified Foreign Records of Regularly Conducted Activity.--In a civil case, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian or other qualified person certifying that the record--

(A) was made at or near the time of the occurrence of the matters set forth by, from information transmitted by, a person with knowledge of those matters; or

(B) was kept in the course of the regularly conducted activity; and

(C) was made by the regularly conducted activity as a regular practice.

The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

Comments: 1) If no foreign law is provided in the case materials, the presumption will be that no legal infraction occurred with respect to the “The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed” requirement of subdivision 12. 2) The sufficiency requirement of this rule is satisfied if the aforementioned notice, record, and declaration are affirmatively made available at the Captains’ Meeting.
Term
903
 Definition
Subscribing Witness' Testimony Unnecessary

The testimony of a subscribing witness is not necessary to authenticate a writing.
Term
1001(1)
 Definition
Definitions

For purposes of this article the following definitions are applicable:

(1) Writings and recordings. “Writings” and “recordings” consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
Term
1001(2)
 Definition
Definitions

For purposes of this article the following definitions are applicable:

(2) Photographs. “Photographs” include still photographs, X-ray films, video tapes, and motion pictures.
Term
1001(3)
 Definition
Definitions

For purposes of this article the following definitions are applicable:

(3) Original. An “original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original”.
Term
1001(4)
 Definition
Definitions

For purposes of this article the following definitions are applicable:

(4) Duplicate. A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.
Term
1002
 Definition
Requirement of Original

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Midlands law.
Term
1003
 Definition
Admissibility of Duplicates

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
Term
1004(1)
 Definition
Admissibility of Other Evidence of Contents

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if—

(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith
Term
1004(2)
 Definition
Admissibility of Other Evidence of Contents

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if—

(2) Original not obtainable. No original can be obtained by any available judicial process or procedure
Term
1004(3)
 Definition
Admissibility of Other Evidence of Contents

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if—

(3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing
Term
1004(4)
 Definition
Admissibility of Other Evidence of Contents

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if—

(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.
Term
1005
 Definition
Public Records

The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
Term
1006
 Definition
Summaries

The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may order that they be produced in court.
Term
1007
 Definition
Testimony or Written Admission of Party

Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission, without accounting for the nonproduction of the original.
Term
1008
 Definition
Functions of Court and Jury

When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.
Term
1101(a)
 Definition
Applicability of Rules

(a) Courts and judges. These rules apply to all courts in the State of Midlands.
Term
1101(b)
 Definition
Applicability of Rules

(b) Proceedings generally. These rules apply generally to civil actions and proceedings and to all criminal actions and proceedings.
Term
1101(c)
 Definition
Applicability of Rules

(c) Rule of privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.
Term
1101(d)(1)
 Definition
Applicability of Rules

(d) Rules inapplicable. The rules (other than with respect to privileges) do not apply in the following situation:

(1) Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under rule 104.
Term
1102
 Definition
Amendments

Amendments to the Midlands Rules of Evidence may be made at the annual AMTA Board Meeting or by special vote convened by the Board.
Term
1103
 Definition
Title

These rules shall be known and cited as the Midlands Rules of Evidence.
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