MRE Exceptions

Question 1

Rule 201 - Judicial Notice of Adjudicative Facts

Answer 1

Exception: The court may take judicial notice of facts that are well-known or easily verified without needing proof.

Question 2

Rule 301 - Presumptions in Civil Actions Generally

Answer 2

Exception: Rebutting party must present evidence to counter a presumption.

Question 3

Rule 402 - General Admissibility of Relevant Evidence

Answer 3

Exception: Relevant evidence is allowed unless a rule excludes it.

Question 4

Rule 403 - Excluding Relevant Evidence

Answer 4

Exception: Relevant evidence can be excluded if it’s more harmful than helpful.

Question 5

Rule 404 - Character Evidence; Crimes or Other Acts

Answer 5

Exception: Character evidence is generally not allowed to prove conduct but may be used in certain criminal cases or to show motive, intent, or lack of accident.

Question 6

Rule 405 - Methods of Proving Character

Answer 6

Exception: Reputation or specific actions can prove character when character is essential to a case.

Question 7

Rule 407 - Subsequent Remedial Measures

Answer 7

Exception: Evidence of later safety measures can show ownership or control if disputed or for impeachment purposes.

Question 8

Rule 701 - Opinion Testimony by Lay Witnesses

Answer 8

Exceptions: Lay opinions are allowed if they clarify facts based on firsthand experience.

Question 9

Rule 702 - Testimony by Expert Witnesses

Answer 9

Exception: Experts can give opinions if qualified and based on reliable methods.

Question 10

Rule 703 - Bases of an Expert’s Opinion

Answer 10

Exception: Experts can use inadmissible data if it’s typical for their field.

Question 11

Rule 704 - Opinion on an Ultimate Issue

Answer 11

Exception: Experts can’t testify about a defendant’s intent in criminal cases.

Question 12

Rule 705 - Disclosing the Facts Underlying an Expert’s Opinion

Answer 12

Exception: Experts don’t need to start with facts but can be asked to explain on cross.

Question 13

Rule 801 - Definitions and Exclusions from Hearsay

Answer 13

Exception: Prior statements or opposing party statements are not considered hearsay.

Question 14

Rule 803 - Hearsay Exceptions (Regardless of Availability)

Answer 14

Exceptions include present sense, excitement, medical records, and public records.

Question 15

Rule 804 - Hearsay Exceptions if Declarant Unavailable

Answer 15

Exceptions if witness can’t testify include former statements and statements against self-interest.

Question 16

Rule 805 - Hearsay Within Hearsay

Answer 16

Hearsay within hearsay must meet exceptions at each level.

Question 17

Rule 806 - Attacking and Supporting Declarant’s Credibility

Answer 17

Challenge hearsay declarants like in-court witnesses.

Question 18

Rule 901 - Authenticating or Identifying Evidence

Answer 18

Exception: Evidence is self-authenticating if it meets specific examples, like public records or verified signatures.

Question 19

Rule 902 - Self-Authenticating Evidence

Answer 19

Exception: Some items, like public documents, certified records, and official publications, don’t need extra proof.

Question 20

Rule 1002 - Requirement of the Original

Answer 20

Exception: If originals are lost, duplicates or secondary evidence may be used under certain conditions.

Question 21

Rule 1003 - Admissibility of Duplicates

Answer 21

Exception: Duplicates are fine unless authenticity is in question.

Question 22

Rule 1004 - Other Evidence of Content

Answer 22

Exception: If originals are unavailable, other evidence may be used if not lost in bad faith.

Question 23

Rule 1005 - Copies of Public Records

Answer 23

Exception: Certified copies of public records are acceptable if the original is unattainable.

Question 24

Rule 1006 - Summaries to Prove Content

Answer 24

Exception: Summaries can be used for extensive content if the originals are available to the other party.

Question 25

Rule 1007 - Testimony to Prove Content

Answer 25

Exception: The jury decides on disputed facts about the content or authenticity of evidence.