Mock Trial Objections

401 Relevance

Evidence should make the existence of a fact more or less probable

Defending Relevance

Credibility and bias are always relevant.
Something that shows that the witness purposefully or knowingly did something.
Foundational for further questioning.

403 More Prejudicial than Probative

Exclude evidence if its probative value is substantially outweighed by the unfair prejudice, confusion of the issues, misleads the jury, or wastes time.

403 Cumulative Evidence

Needless presentation of details already submitted into evidence, so it is wasting the Court's time to hear the testimony again. OR a compound question.

Defending Cumulative Evidence

Highlighting specific points for the jury will not read it in its entirety, or it is crucial for the jury to understand this document form the witness' point of the view.

611b Scope

Re-cross is limited to the scope of the redirect

611c Leading questions

leading questions should not be asked on direct.

801c hearsay

an out of court statement made to prove truth of the matter asserted.

801d2 hearsay exception

Party Opponent statements are allowed

If opponent argues hearsay statement is not for truth of the matter asserted.

o Your Honor, if this is NOT for the truth of the matter asserted, then it is NOT relevant, and it is a waste of the Court's time, and pursuant to rule 403 is inadmissible.

803 (1) Present Sense Impression

Hearsay exception, describing or explaining an event made by the declarant while they were perceiving the event or right after

803 (2) Excited Utterance

a statement in response to a startling event

803 (6) Records of Regularly Conducted Business

statements in documents that keep record of regular course of business transactions. Only the "custodian" can talk about it

701 Improper Opinion by Lay Witness

Only allowed if based on perceptions, and not based on scientific, technical, or specialized knowledge.

702 Expert Testimony

Must be based on sufficient facts or data, must be the product of reliable principles and methods, and they must have been applied in a reliable way.

602 Lack of Personal Knowledge

Objection: Your honor, no foundation has been laid that this witness has any personal knowledge of this incident.
Response: Give examples or offer to lay foundation

706 disclosure of facts or data

Order doesn't matter. An expert can testify about his conclusion before laying out the process of how he got to the conclusion. "Your Honor, pursuant to rule 705, an expert can first talk about his/her conclusion and then lay out the process of how he/she

404a Improper Character

Evidence of a persons personality is not allowed to prove a person acted in such a way, unless it attests to the character of the accused to prove they acted in conformity of it, (only if the defense allows)

608a truthfulness

can attack the credibility/truthfulness of a person's character

404b Crimes, Wrongs, or Acts

This can be showed not to prove action conformity, but to prove intent, knowledge, motive, or opportunity to commit the crime. Prosecution must provide written notice.

406 Habit Practice

habits can be used to show conformity with an action.

Soeculation

Your Honor, this was rationally based on the witness's one of five senses