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15 Cards in this Set

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Rule 101. Scope
These rules govern proceedings in the courts of the State of Midlands to the extent and with the exceptions stated in rule 1101.
Rule 103. 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 [see 1-3]
Rule 103. Rulings on Evidence
(a) Effect of Erroneous Ruling.
(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; or
Rule 103. Rulings on Evidence
(a) Effect of Erroneous Ruling.
(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.
Rule 103. Rulings on Evidence
(a) Effect of Erroneous Ruling.
(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.
Rule 104. 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.
Rule 104. 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.
Rule 104. 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.
Rule 201. Judicial Notice of Adjudicative Facts
(a) Scope of rule.
This rule governs only judicial notice of adjudicative facts.
Rule 201. 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.
Rule 201. 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.
Rule 201. 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.
Rule 201. Judicial Notice of Adjudicative Facts
(f) Time of taking notice.
Judicial notice may be taken at any stage of the proceeding.
Rule 201. 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.
Rule 301. Presumptions in General in 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.