Oklahoma Mock Trial Rules Of Evidence

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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.

Back 2

Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

All relevant evidence is admissible, except as otherwise provided in these Rules. Evidence which is not relevant (irrelevant evidence) is not admissible.

Front 3

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.

Front 4

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' own testimony. This rule is subject to the provisions of rule 703, relating to opinion testimony of expert witnesses.

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Rule 801. (a)

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The following statements 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.

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Rule 801. (b)

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(b) Declarant.

A "declarant" is a person who makes a statement.

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Rule 801. (c)

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(c) Hearsay.

"Hearsay" is a statement, other than the 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 801. (d)

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(d) Statements which are not hearsay.

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Rule 801. (d) (1)

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(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--

Front 10

Rule 801. (d) (1) (A)

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(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

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Rule 801 (d) (1) (B)

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(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

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Rule 801 (d) (1) (C)

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(C) one of the identification of a person made after perceiving the person; or

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Rule 801. (d) (2)

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Admission by party-opponent.

The statement is offered against a party and is

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Rule 801. (d) (2) (A)

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(A) the party's own statement in either an individual or representative capacity, or

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Rule 801. (d) (2) (B)

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(B) a statement of which the party has manifested an adoption or belief in its truth, or

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Rule 801. (d) (2) (C)

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(C) a statement by a person authorized by the party to make a statement concerning the subject, or

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Rule 801. (d) (2) (D)

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(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.

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Rule 801. (d) (2) (E)

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(E) a statement by a co-conspirator of a party during the course and furtherance of the conspiracy.

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Rule 802.

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Hearsay Rule.

Hearsay is not admissible except as provided by these rules.