Midlands Rules of Evidence

Question 1

Rule 101 - Scope Definitions

Answer 1

Rules apply only in Midlands courts

Question 2

Rule 102 - Purpose

Answer 2

Rules aim for fair and efficient proceedings

Question 3

Rule 103 - Rulings on Evidence

Answer 3

Object to evidence right away to challenge it later.

Question 4

Rule 104 - Preliminary Questions

Answer 4

Judge decides admissibility before evidence reaches the jury.

Question 5

Rule 105 - Limiting Evidence

Answer 5

Court can limit evidence to specific purposes.

Question 6

Rule 106 - Related Writings or Statements

Answer 6

If one part of a statement is used, the rest may be required for context.

Question 7

Rule 201 - Judicial Notice of Adjudicative Facts

Answer 7

Court can accept obvious facts without proof.

Question 8

Rule 301 - Presumptions in Civil Actions Generally

Answer 8

Party must produce evidence to counter presumption.

Question 9

Rule 401 - Test for Relevant Evidence

Answer 9

Evidence must make a fact more or less probable.

Question 10

Rule 402 - General Admissibility of Relevant Evidence

Answer 10

Relevant evidence is admissible unless a rule excludes it.

Question 11

Rule 403 - Excluding Relevant Evidence

Answer 11

Exclude evidence if it’s more harmful than helpful.

Question 12

Rule 404 - Character Evidence; Crimes or Other Acts

Answer 12

Character can’t prove conduct, but some exceptions apply.

Question 13

Rule 405 - Methods of Proving Character

Answer 13

Use reputation or specific actions to prove character.

Question 14

Rule 406 - Habit; Routine Practice

Answer 14

Habits can show a person acted the same way here.

Question 15

Rule 407 - Subsequent Remedial Measures

Answer 15

Fixing a problem after it happened isn’t proof of fault.

Question 16

Rule 408 - Compromise Offers and Negotiations

Answer 16

Settlement offers aren’t evidence of liability.

Question 17

Rule 409 - Offers to Pay Medical and Similar Expenses

Answer 17

Offering to pay medical bills doesn’t admit fault.

Question 18

Rule 410 - Pleas, Plea Discussions, and Related Statements

Answer 18

Withdrawn or no-contest pleas can’t be used against a defendant.

Question 19

Rule 411 - Liability Insurance

Answer 19

Insurance status isn’t evidence of negligence.

Question 20

Rule 501 - Privileges in General

Answer 20

Only Midlands-recognized privileges apply.

Question 21

Rule 601 - Competency to Testify in General

Answer 21

Anyone can testify unless a rule says otherwise.

Question 22

Rule 602 - Need for Personal Knowledge

Answer 22

Witnesses need direct knowledge to testify.

Question 23

Rule 603 - Oath or Affirmation

Answer 23

Witnesses swear to tell the truth.

Question 24

Rule 605 - Judge’s Competency as a Witness

Answer 24

The judge cannot be a witness.

Question 25

Rule 607 - Who May Impeach a Witness

Answer 25

Any party can question a witness’s credibility.

Question 26

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

Answer 26

Character for honesty can be challenged or supported.

Question 27

Rule 609 - Impeachment by Criminal Conviction

Answer 27

Certain convictions can affect witness credibility.

Question 28

Rule 610 - Religious Beliefs or Opinions

Answer 28

Religion can’t support or harm credibility.

Question 29

Rule 611 - Mode and Order of Examining Witnesses

Answer 29

Court controls questioning to keep it fair and effective.

Question 30

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

Answer 30

Witnesses can use notes to refresh memory.

Question 31

Rule 613 - Witness’s Prior Statement

Answer 31

A witness’s prior statements can be used to show inconsistency.

Question 32

Rule 614 - Court’s Calling or Examining a Witness

Answer 32

The court can’t call or question a witness.

Question 33

Rule 615 - Excluding Witnesses

Answer 33

Witnesses can be kept out to avoid influence.

Question 34

Rule 701 - Opinion Testimony by Lay Witnesses

Answer 34

Non-experts can give opinions if based on what they saw.

Question 35

Rule 702 - Testimony by Expert Witnesses

Answer 35

Experts can give opinions on complex subjects.

Question 36

Rule 703 - Bases of an Expert’s Opinion

Answer 36

Experts can base opinions on facts they’ve learned.

Question 37

Rule 704 - Opinion on an Ultimate Issue

Answer 37

Opinions can go to the heart of the case.

Question 38

Rule 705 - Disclosing Facts Underlying an Expert’s Opinion

Answer 38

Experts don’t have to share all details first, but can be asked.

Question 39

Rule 801 - Definitions and Exclusions from Hearsay

Answer 39

Hearsay: Out-of-court statements used to prove something.

Question 40

Rule 802 - The Rule Against Hearsay

Answer 40

Hearsay isn’t allowed unless there’s an exception.

Question 41

Rule 803 - Exceptions to Hearsay

Answer 41

Some hearsay (e.g., present sense impression) is allowed.

Question 42

Rule 804 - Hearsay Exceptions if Declarant Unavailable

Answer 42

Some hearsay is allowed if the person can’t testify.

Question 43

Rule 805 - Hearsay Within Hearsay

Answer 43

When a statement has multiple hearsay layers, each layer needs its own exception to be admitted

Question 44

Rule 806 - Attacking and Supporting Declarant’s Credibility

Answer 44

Out-of-court declarants can be challenged like witnesses.

Question 45

Rule 901 - Authenticating or Identifying Evidence

Answer 45

Evidence must be proven to be what it claims to be.

Question 46

Rule 902 - Self-Authenticating Evidence

Answer 46

Some evidence doesn’t need extra proof to be real.

Question 47

Rule 903 - Subscribing Witness’s Testimony

Answer 47

No need for witness to verify a signed document.

Question 48

Rule 1001 - Definitions for Writings, Recordings, and Photos

Answer 48

Originals and duplicates apply to writing, photos, recordings.

Question 49

Rule 1002 - Requirement of the Original

Answer 49

The original is required unless a rule allows otherwise.

Question 50

Rule 1003 - Admissibility of Duplicates

Answer 50

Duplicates are fine if the original isn’t questioned.

Question 51

Rule 1004 - Other Evidence of Content

Answer 51

If originals aren’t available, other proof can be used.

Question 52

Rule 1005 - Copies of Public Records

Answer 52

Certified copies of public records are acceptable.

Question 53

Rule 1006 - Summaries to Prove Content

Answer 53

Summaries are allowed if the material is too long to review.

Question 54

Rule 1007 - Testimony to Prove Content

Answer 54

A party’s statements can prove a document’s content.

Question 55

Rule 1008 - Court and Jury’s Role in Determining Content

Answer 55

The court or jury decides if the evidence reflects the original.