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Mock Trial
Rules
76
Social Studies
11th Grade
01/01/2012

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Term
101
Definition
Scope
Term
105
Definition
Limited Admissibility - when evidence is admissile as to one party or for one purpose, but is not admissible as to the other party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Term
106
Definition
Remainder of or 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 or any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.
Term
401
Definition
Definition of "Relevant Evidence" - "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Term
402
Definition
Relevant Evidence Generally Admissible: Irrelevant Evidence Inadmissible - Relevant evidence is admissible, except as otherwise provided by...these rules. Evidence which is not relevant is not admissible.
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 - Character of accused. In a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut 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 the character of the accused offered by the prosecution.
Term
404(a)(2)
Definition
Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes - Character of 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 aggressor.
Term
404(a)(3)
Definition
Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes - 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 - Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove character of a person in order to show an 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, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.
Term
405(a)
Definition
Methods of Proving Character - Reputation or opinion. In all cases where evidence of character or a character trait is admissible, proof may be made by testimony as to reputation or in the form of an opinion. On cross-examination, questions may be asked regarding relevant, specific conduct.
Term
405(b)
Definition
Methods of Proving Character - Specific instances of conduct. In cases where character or a character trait 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 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 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(a)(1)
Definition
Compromise and Offers to Compromise - Prohibited Uses. Furnishing or offering or promising to furnish - or accepting or offering or promising to accept - a valuable consideration in compromising or attempting the compromise the claim.
Term
408(a)(2)
Definition
Compromise and Offers to Compromise - Prohibited Uses. Conduct or statements made in compromise negotiations regarding the claim, except when offered in a criminal case and the negotiations related to a claim by a public office or agency in the exercise of regulatory, investigative or enforcement authority.
Term
408(b)
Definition
Compromises and Offers to Compromise - Permitted uses. This rule does not require exclusion if the evidence is offered for purposes not prohibited in subdivision (a). Examples of permissible purposes include proving a witness's bias or prejudice; negating a contention of undue delay and proving an effort to obstruct a criminal investigation or prosecution.
Term
409
Definition
Payment of Medical and Similar Expenses (civil case rule) - 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.
Term
411
Definition
Liability Insurance (civil case only) - 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
General Rule - There are certain admissions and communications excluded from evidence on grounds of public policy. Among these are: 1. communications between husband and wife; 2. communications between attorney and client; 3. communications among grand jurors; 4. secrets of state; and 5. communications between psychiatrist and patient.
Term
601
Definition
General Rule of Competency - Every person is competent to be a witness.
Term
602
Definition
Lack of Personal Knowledge - a witness may not testify to a matter unless 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.
Term
603
Definition
Oath or Affirmation - Before testifying, every witness shall be required to declare that the witness will testify truthfully, 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
604
Definition
Interpreters - An interpreter is subject to the provisions of these rules relating to the qualification as an expert and the administration of an oath or affirmation to make a true translation.
Term
607
Definition
Who May Impeach - The credibility of a witness may be attacked by any party, including the party calling the witness.
Term
608(a)
Definition
Evidence of Character and Conduct of Witness - 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.
Term
608(b)
Definition
Evidence of Character and Conduct of Witness - Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion o the Court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness 1. concerning the witness' character or truthfulness or untruthfulness, or 2. concerning the character or truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver o the accused's or the witness' privilege against self-incrimination when examined with respect to matters that relate only to character for truthfulness.
Term
609(a)(1)
Definition
Impeachment by Evidence of Conviction of Crime (This rule applies only to witnesses with prior convictions) - General Rule. For the purpose of attacking the character for truthfulness o a witness, evidence that a witness other than the 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 (This rule applies only to witnesses with prior convictions) - General Rule. For the purpose of attacking the character for truthfulness of a witness, evidence that any witness has been convicted of a crime shall be admitted regardless of the punishment, if it readily can be determined that establishing the elements of the crime required proof or admission of an act of dishonesty or false statement by the witness.
Term
609(b)
Definition
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 is in the interest of justice that the value of the conviction supported by specific acts 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 (This rule applies only to witnesses with prior convictions.) - Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction is not admissible 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 of a subsequent crime that 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 (This rule applies only to witnesses with prior convictions.) - Juvenile adjudications. Evidence of juvenile adjudications is generally not admissible under the 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 (This rule applies only to witnesses with prior convictions.) - Pendency of appeal. The pendency of an appeal there from 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 or the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced.
Term
611(a)
Definition
Mode and Order of Interrogation and Presentation - Control by Court. The Court shall exercise reasonable control over questioning of witnesses and presenting evidence so as to (1) make the questioning and presentation effective for ascertaining the truth, (2) to avoid needless use of time, and (3) protect witnesses from harassment or undue embarrassment.
Term
611(b)
Definition
Mode and Order of Interrogation and Presentation - Scope of cross examination. The scope of cross examination shall not be limited to the scope of the direct examination, but may inquire into any relevant facts or matters contained in the witness' statement, including all reasonable inferences that can be drawn from those facts and matters, and may inquire into any omissions from the witness statement that are otherwise material and admissible.
Term
611(c)
Definition
Mode and Order of Interrogation and Presentation - Leading questions. Leading questions should not be used on direct examination of a witness (except as may be necessary to develop the witness' testimony). Ordinarily, leading questions are permitted on cross examination.
Term
611(d)
Definition
Mode and Order of Interrogation and Presentation - Redirect/Recross. After cross examination, additional questions may be asked by the direct examining attorney, but questions must be limited to matters raised by the attorney on cross examination. Likewise, additional questions may be asked by the cross examining attorney on recross, but such questions must be limited to matters raised on redirect examination and should avoid repetition.
Term
612
Definition
Writing Used to Refresh Memory - If a witness uses a writing to refresh memory for the purposes of testifying, either - 1. while testifying, or 2. before testifying, if the court in its discretion determines it is necessary in the interests of justice, an adverse arty is entitled to have the writing produced at the hearing, to inspect it, to cross examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness.
Term
613
Definition
Prior Statements of Witnesses - 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
701
Definition
Opinion Testimony by Lay Witness - 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 and (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 face 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. 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
Based 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 o 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 - Except as provided in subdivision (b), testimony in the form of 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 - 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 the 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 therefore without prior disclosure of the underlying facts or data, unless the Court requires otherwise. The expert may in any event may be required to disclose the underlying facts or data on cross examination.
Term
801(a)
Definition
Definitions - Statement. A "statement" is an oral or written assertion or nonverbal conduct of a person, if it is intended by the person as an assertion.
Term
801(b)
Definition
Definitions - Declarant. A "declarant" is a person who makes a statement.
Term
801(c)
Definition
Definitions - 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 - 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 - Statements which are not hearsay. A statement is not hearsay if: 2. Admission by a 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 co-conspirator of a party during the course in furtherance of the conspiracy.
Term
802
Definition
Hearsay is not admissible, except as provided by these rules.
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 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
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 conditions. 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 - Statements for purposes of medical diagnosis or treatment. Statements made for the purpose of medical diagnosis or treatment and describing medical history or past or present symptoms, pain or sensations, or the inception of 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 - Recorded Recollection. A memorandum or record concerning a matter about which a witness once had knowledge but not 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 - Records of regularly conducted activity. These records include any memo, record, report, or other compilation of data in any form, which meets the following requirements: a. It must be kept in the ordinary course of business or as part of the ordinary conduct of an organization or enterprise; b. It must be part of the ordinary business of that organization, business, or enterprise, to compile the data or information; c. The information must be made or the purpose of recording the occurrence of an event, act, condition, opinion, or diagnosis that takes place in the ordinary course of the business or enterprise; d. The entry in the record or the compiling of the data must be made at or near the time when the event took place; e. The recording or the compiling of the data must be made at or near the time when the event took place; e. The recording of the event must be made by someone who has personal knowledge of it. In order for a document or other form of data to be admissible under this rule, a foundation must be laid as to all of the foregoing requirements by the custodian of the records or other witness found by the Court to be qualified.
Term
803(18)
Definition
Hearsay Exceptions, Availability of Declarant Immaterial - 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 exert testimony or by judicial notice.
Term
803(21)
Definition
Hearsay Exceptions, Availability of Declarant Immaterial - 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 - 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
804(a)
Definition
Hearsay Exceptions; Declarant Unavailable - Definition of unavailability. Unavailability of a witness includes situations in which the declarant - (1) is exempted by a ruling of the court of 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; or (5) is absent from the hearing and the proponent of a statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception under subdivisions (b)(2), (3), or (4), the declarant's attendance or testimony) by process or other reasonable means.
Term
804(b)
Definition
Hearsay Exceptions; Declarant Unavailable - A declarant is not unavailable as a witness if exemption, refusal, claim or 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(c)(1)
Definition
Hearsay Exceptions; Declarant Unavailable - Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as 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(c)(2)
Definition
Hearsay Exceptions; Declarant Unavailable - Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as witness: 2. Statement under belief of impending death. In a prosecution of a homicide or in a civil action or proceeding, a statement made by the declarant while believing that the declarant's death was immiment, concerning the cause or circumstances of what the declarant believed to be the impending death.
Term
804(c)(3)
Definition
Hearsay Exceptions; Declarant Unavailable - Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as 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(c)(4)
Definition
Hearsay Exceptions; Declarant Unavailable - Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as 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 states; 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(c)(5)(a)
Definition
Hearsay Exceptions; Declarant Unavailable - Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as witness: 5. Other exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that a. the statement is offered as evidence of a material fact.
Term
804(c)(5)(b)
Definition
Hearsay Exceptions; Declarant Unavailable - Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as witness: 5. Other exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that b. the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts.
Term
804(c)(5)(c)
Definition
Hearsay Exceptions; Declarant Unavailable - Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as witness: 5. Other exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that c. the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party is a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and address of the declarant. For the purposes of the mock trial competition, required notice will be deemed to have been given. The failure to give notice as required by these rules will not recognized as an appropriate objection.
Term
805
Definition
Hearsay within Hearsay - Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statement conforms with an exception to the hearsay rule provided in these rules.
Term
806
Definition
Attacking and Supporting Credibility - When a hearsay statement has been admitted, the credibility of the declarant may be attacked and 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, 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
1002
Definition
Requirement of Original - To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required.
Term
3
Definition
Witnesses bound by statements.
Term
4
Definition
Unfair extrapolation or outside the scope of the mock trial materials.
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