Mock Trial Rules Of Evidence

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Rule 105

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Limited admissibility. —When evidence which is admissible as to one party
or for one purpose but not admissible as to another party or for another purpose is
admitted, the court upon request shall restrict the evidence to its proper scope and
instruct the jury accordingly.

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Rule 401

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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

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Rule 402

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Relevant evidence generally admissible; irrelevant evidence inadmissible. —
All relevant evidence is admissible except as provided by the Constitution of the
United States, the Constitution of Tennessee, these rules, or other rules or laws of
general application in the courts of Tennessee. Evidence which is not relevant is not
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admissible.

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Rule 403

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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

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Rule 405

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Methods of proving character. —(a) Reputation or Opinion. —In all cases in
which evidence of character or a trait of character of a person is admissible, proof may
be made by testimony as to reputation or by testimony in the form of an opinion. After
application to the court, inquiry on cross-examination is allowable into relevant
specific instances of conduct. The conditions which must be satisfied before allowing
inquiry on cross-examination about specific instances of conduct are: (1) The court
upon request must hold a hearing outside the jury's presence, (2) The court must
determine that a reasonable factual basis exists for the inquiry, and (3) The court
must determine that the probative value of a specific instance of conduct on the
character witness's credibility outweighs its prejudicial effect on substantive issues.

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Rule 409

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Expressions of Sympathy or Benevolence -- (a) That portion of statements,
writings, or benevolent gestures expressing sympathy or a general sense of
benevolence relating to the pain, suffering or death of a person involved in an accident
and made to such person or to the family of such person shall be inadmissible as
evidence of an admission of liability in a civil action. A statement of fault that is part
of, or in addition to, any of the above shall be admissible. (b) For purposes of this Rule:
(1) “Accident” means an occurrence resulting in injury or death to one or more persons
which is not the result of willful action by a party. (2) “Benevolent gestures” means
actions which convey a sense of compassion or commiseration emanating from humane
impulses. (3) “Family” means an injured party’s spouse, parent, grandparent,
stepparent, child, grandchild, sibling, half sibling, adopted sibling, or parent-in-law.

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Rule 411

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Liability insurance. —Evidence that a person was or was not insured
against liability is not admissible upon issues of negligence or other wrongful conduct.
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.

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Rule 601

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General rule of competency. —Every person is presumed competent to be a
witness except as otherwise provided in these rules.

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Rule 602

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Lack of personal knowledge. —A witness may not testify to a matter unless
evidence is introduced sufficient to support a finding that the witness has personal
knowledge of the matter. Evidence to prove personal knowledge may, but need not,
consist of the witness's own testimony. This rule is subject to the provisions of Rule
703 relating to opinion testimony by expert witnesses.

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Rule 607

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Who may impeach? —The credibility of a witness may be attacked by any
party, including the party calling the witness.

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Rule 608 A

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Evidence of character and conduct of witness. —(a) 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) the
evidence of truthful character is admissible only after the character of the witness for
truthfulness has been attacked.

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Rule 608 B

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Evidence of character and conduct of witness. —(a) 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) the
evidence of truthful character is admissible only after the character of the witness for
truthfulness has been attacked.

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Rule 609 A

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Impeachment by evidence of conviction of crime. —(a) General Rule. —For
the purpose of attacking the credibility of a witness, evidence that the witness has
been convicted of a crime may be admitted if the following procedures and conditions
are satisfied: (1) The witness must be asked about the conviction on crossexamination.
If the witness denies having been convicted, the conviction may be
established by public record. If the witness denies being the person named in the
public record, identity may be established by other evidence. (2) The crime must be
punishable by death or imprisonment in excess of one year under the law under which
the witness was convicted or, if not so punishable, the crime must have involved
dishonesty or false statement.

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Rule 609 B

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(b) Time Limit. —Evidence of a conviction under this
rule is not admissible if a period of more than ten years has elapsed between the date
of release from confinement and commencement of the action or prosecution; if the
witness was not confin

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Rule 611 B

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(b) Scope of Cross-
Examination. —A witness may be cross-examined on any matter relevant to any issue
in the case, including credibility

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Rule 611 C

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Leading Questions. —Leading questions should
not be used on the direct examination of a witness except as may be necessary to
develop testimony. Leading questions should be permitted on cross-examination

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Rule 612

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Writing used to refresh memory. —If a witness uses a writing while
testifying to refresh memory for the purpose of testifying, an adverse party is entitled
to inspect it, to cross-examine the witness thereon, and to introduce in evidence those
portions which relate to the testimony of the witness.

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Rule 613 A

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—(a) 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.

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Rule 613 B

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(b) Extrinsic Evidence of Prior Inconsistent Statement
of Witness.–Extrinsic evidence of a prior inconsistent statement by a witness is not
admissible unless and until the witness is afforded an opportunity to explain or deny
the same and the opposite party is afforded an opportunity to interrogate the witness
thereon, or the interests of justice otherwise require. This provision does not apply to
admissions of a party-opponent as defined in Rule 803(1.2).

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Rule 613 C

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(c) Opinions. —A prior
statement in opinion form is admissible to impeach testimony.

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Rule 616

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Impeachment by bias or prejudice. —A party may offer evidence by crossexamination,
extrinsic evidence, or both, that a witness is biased in favor of or
prejudiced against a party or another witness.

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Rule 617

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Impeachment by impaired capacity. —A party may offer evidence that a
witness suffered from impaired capacity at the time of an occurrence or testimony.

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Rule 701

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Opinion testimony by lay witnesses. —(a) Generally.—If a witness is not
testifying as an expert, the witness's testimony in the form of opinions or inferences is
limited to those opinions or inferences which are (1) rationally based on the
perception of the witness and (2) helpful to a clear understanding of the witness's
testimony or the determination of a fact in issue. (b) Value. A witness may testify to
the value of the witness's own property or services.

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Rule 702

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Testimony by experts. —If scientific, technical, or other specialized
knowledge will substantially assist the trier of fact to understand the evidence or to
determine a fact in issue, a witness qualified as an expert by knowledge, skill,
experience, training, or education may testify in the form of an opinion or otherwise.

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Rule 703

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Bases 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. The court shall disallow
testimony in the form of an opinion or inference if the underlying facts or data indicate
lack of trustworthiness.

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Rule 704

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Testimony in the form of an opinion or
inference otherwise admissible is not objectionable because it embraces an ultimate
issue to be decided by the trier of fact.

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Rule 801

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Definitions. —The following definitions apply under this article:
(a) Statement. —A "statement" is (1) an oral or written assertion or (2) nonverbal
conduct of a person if it is intended by the person as an assertion. (b) Declarant. —A
"declarant" is a person who makes a statement. (c) 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.

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Rule 802

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Hearsay rule. —Hearsay is not admissible except as provided by these rules
or otherwise by law.

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Rule 803 1.1

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Hearsay exceptions. —The following are not excluded by the hearsay rule:
(1.1) Prior Statement of Identification by Witness. —A statement of identification of a
person made after perceiving the person if the declarant testifies at the trial or
hearing and is subject to cross-examination concerning the statement.Hearsay exceptions. —The following are not excluded by the hearsay rule:
(1.1) Prior Statement of Identification by Witness. —A statement of identification of a
person made after perceiving the person if the declarant testifies at the trial or
hearing and is subject to cross-examination concerning the statement.

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Rule 803 1.2

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(1.2) Admission by Party-Opponent. —A statement offered against a party that is (A)
the party's own statement in either an individual or a representative capacity, or (B) a
statement in 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 an agent or servant concerning a matter within the
scope of the agency or employment made during the existence of the relationship
under circumstances qualifying the statement as one against the declarant's interest
regardless of declarant's availability, or (E) a statement by a co-conspirator of a party
during the course of and in furtherance of the conspiracy, or (F) a statement by a
person in privity of estate with the party. An admission is not excluded merely because
the statement is in the form of an opinion. Statements admissible under this exception
are not conclusive.

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Rule 803 2

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(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.

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Rule 803 3

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Then Existing Mental, Emotional, or Physical Condition. —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.

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Rule 803 4

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(4) Statements for Purposes of Medical Diagnosis and Treatment. —Statements made
for purposes of medical diagnosis and treatment describing medical history; past or
present symptoms, pain, or sensations; or the inception or general character of the
cause or external source thereof insofar as reasonably pertinent to diagnosis and
treatment.

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Rule 803 5

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(5) Recorded Recollection. —A memorandum or record concerning a matter about
which a witness once had knowledge but now has insufficient recollection to enable the
witness to testify fully and accurately, shown to have been made or adopted by the
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witness when the matter was fresh in the witness's 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.

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Rule 803 6

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(6) Records of Regularly Conducted Activity–A memorandum, report, record, or data
compilation, in any form, of acts, events, conditions, opinions, or diagnoses made at or
near the time by or from information transmitted by a person with knowledge and a
business duty to record or transmit if kept in the course of a regularly conducted
business activity and if it was the regular practice of that business activity to make
the memorandum, report, record or data compilation, all as shown by the testimony of
the custodian or other qualified witness or by certification that complies with Rule
902(11) or a statute permitting certification, unless the source of information or the
method or circumstances of preparation indicate lack of trustworthiness. The term
“business” as used in this paragraph includes business, institution, profession,
occupation, and calling of every kind, whether or not conducted for profit.

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Rule 803 8

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(8) Public Records and Reports. —Unless the source of information or the method or
circumstances of preparation indicate lack of trustworthiness, records, reports,
statements, or data compilations in any form of public offices or agencies setting forth
the activities of the office or agency or matters observed pursuant to a duty imposed by
law as to which matters there was a duty to report, excluding, however, matters
observed by police officers and other law enforcement personnel.

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Rule 803 17

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(17) Market Reports and Commercial Publications. —Market quotations, tabulations,
lists, directories, or other published compilations, generally used and relied upon by
the public or by persons in particular occupations.

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Rule 803 21

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(21) Reputation As to Character. —Reputation of a person's character among
associates or in the community.

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Rule 803 22

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(22) Judgment of Previous Conviction. —Evidence of a final judgment 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 prosecution in a criminal case 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.

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Rule 803 24

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(24) Residual Exception--A statement not specifically covered by Rule 803 or 804 but
having equivalent circumstantial guarantees of trustworthiness, is not excluded by the
hearsay rule, if the court determines that (A) the statement is offered as evidence of a
material fact; (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;
and (C) the general purposes of these rules and the interests of justice will best be
served by admission of the statement into evidence.

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Rule 805

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Hearsay within hearsay. —Hearsay within hearsay is not excluded under
the hearsay rule if each part of the combined statements conforms with an exception
to the hearsay rule provided in these rules or otherwise by law.

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Rule 806

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Attacking and supporting credibility of declarant. —When a hearsay
statement has been admitted in evidence, the credibility of the declarant may be
attacked and, if attacked, may be supported by any evidence which would be
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admissible for those purposes if declarant had testified as a witness. Evidence of a
statement or conduct by the declarant at any time, 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.

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T.C.A. § 55-10-114(b)

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ACCIDENT REPORT PRIVILEGE
No report or information mentioned in this section [accident report made by "any
person or by garages"] shall be used as evidence in any trial, civil or criminal, arising
out of an accident, except that the department [of safety] shall furnish upon demand of
any party to such trial, or upon demand of any court, a certificate showing that a
specified accident report has or has not been made to the department in compliance
with law.