Midlands Rules of Evidence Flashcards
(MREs)
Rule 101 - Scope Definitions
Rules apply only in Midlands courts
Rule 102 - Purpose
Rules aim for fair and efficient proceedings
Rule 103 - Rulings on Evidence
Object to evidence right away to challenge it later.
Rule 104 - Preliminary Questions
Judge decides admissibility before evidence reaches the jury.
Rule 105 - Limiting Evidence
Court can limit evidence to specific purposes.
Rule 106 - Related Writings or Statements
If one part of a statement is used, the rest may be required for context.
Rule 201 - Judicial Notice of Adjudicative Facts
Court can accept obvious facts without proof.
Rule 301 - Presumptions in Civil Actions Generally
Party must produce evidence to counter presumption.
Rule 401 - Test for Relevant Evidence
Evidence must make a fact more or less probable.
Rule 402 - General Admissibility of Relevant Evidence
Relevant evidence is admissible unless a rule excludes it.
Rule 403 - Excluding Relevant Evidence
Exclude evidence if it’s more harmful than helpful.
Rule 404 - Character Evidence; Crimes or Other Acts
Character can’t prove conduct, but some exceptions apply.
Rule 405 - Methods of Proving Character
Use reputation or specific actions to prove character.
Rule 406 - Habit; Routine Practice
Habits can show a person acted the same way here.
Rule 407 - Subsequent Remedial Measures
Fixing a problem after it happened isn’t proof of fault.
Rule 408 - Compromise Offers and Negotiations
Settlement offers aren’t evidence of liability.
Rule 409 - Offers to Pay Medical and Similar Expenses
Offering to pay medical bills doesn’t admit fault.
Rule 410 - Pleas, Plea Discussions, and Related Statements
Withdrawn or no-contest pleas can’t be used against a defendant.
Rule 411 - Liability Insurance
Insurance status isn’t evidence of negligence.
Rule 501 - Privileges in General
Only Midlands-recognized privileges apply.
Rule 601 - Competency to Testify in General
Anyone can testify unless a rule says otherwise.
Rule 602 - Need for Personal Knowledge
Witnesses need direct knowledge to testify.
Rule 603 - Oath or Affirmation
Witnesses swear to tell the truth.
Rule 605 - Judge’s Competency as a Witness
The judge cannot be a witness.
Rule 607 - Who May Impeach a Witness
Any party can question a witness’s credibility.
Rule 608 - A Witness’s Character for Truthfulness or Untruthfulness
Character for honesty can be challenged or supported.
Rule 609 - Impeachment by Criminal Conviction
Certain convictions can affect witness credibility.
Rule 610 - Religious Beliefs or Opinions
Religion can’t support or harm credibility.
Rule 611 - Mode and Order of Examining Witnesses
Court controls questioning to keep it fair and effective.
Rule 612 - Writing Used to Refresh a Witness’s Memory
Witnesses can use notes to refresh memory.
Rule 613 - Witness’s Prior Statement
A witness’s prior statements can be used to show inconsistency.
Rule 614 - Court’s Calling or Examining a Witness
The court can’t call or question a witness.
Rule 615 - Excluding Witnesses
Witnesses can be kept out to avoid influence.
Rule 701 - Opinion Testimony by Lay Witnesses
Non-experts can give opinions if based on what they saw.
Rule 702 - Testimony by Expert Witnesses
Experts can give opinions on complex subjects.
Rule 703 - Bases of an Expert’s Opinion
Experts can base opinions on facts they’ve learned.
Rule 704 - Opinion on an Ultimate Issue
Opinions can go to the heart of the case.
Rule 705 - Disclosing Facts Underlying an Expert’s Opinion
Experts don’t have to share all details first, but can be asked.
Rule 801 - Definitions and Exclusions from Hearsay
Hearsay: Out-of-court statements used to prove something.
Rule 802 - The Rule Against Hearsay
Hearsay isn’t allowed unless there’s an exception.
Rule 803 - Exceptions to Hearsay
Some hearsay (e.g., present sense impression) is allowed.
Rule 804 - Hearsay Exceptions if Declarant Unavailable
Some hearsay is allowed if the person can’t testify.
Rule 805 - Hearsay Within Hearsay
When a statement has multiple hearsay layers, each layer needs its own exception to be admitted
Rule 806 - Attacking and Supporting Declarant’s Credibility
Out-of-court declarants can be challenged like witnesses.
Rule 901 - Authenticating or Identifying Evidence
Evidence must be proven to be what it claims to be.
Rule 902 - Self-Authenticating Evidence
Some evidence doesn’t need extra proof to be real.
Rule 903 - Subscribing Witness’s Testimony
No need for witness to verify a signed document.
Rule 1001 - Definitions for Writings, Recordings, and Photos
Originals and duplicates apply to writing, photos, recordings.
Rule 1002 - Requirement of the Original
The original is required unless a rule allows otherwise.
Rule 1003 - Admissibility of Duplicates
Duplicates are fine if the original isn’t questioned.
Rule 1004 - Other Evidence of Content
If originals aren’t available, other proof can be used.
Rule 1005 - Copies of Public Records
Certified copies of public records are acceptable.
Rule 1006 - Summaries to Prove Content
Summaries are allowed if the material is too long to review.
Rule 1007 - Testimony to Prove Content
A party’s statements can prove a document’s content.
Rule 1008 - Court and Jury’s Role in Determining Content
The court or jury decides if the evidence reflects the original.
