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Under MRE 104, What is the purpose of the rule for attorneys on direct examination?
104: Preliminary Questions
This rule allows attorneys to ask the witness preliminary questions (within relevance) that establish whether a fact exists, and to introduce sufficient evidence for further relevant evidence.
Under MRE 401, evidence is relevant if, and only if, it has a tendency to do what?
401: Test for Relevant Evidence
make a fact (a consequence in determining the action in today's case) more or less probable
Which MRE 600 rule states that the judge may not testify as a witness in a trial?
605: Judge's Competency as a Witness
Under MRE 701, what are the three magic words you need to use when arguing your lay witness's opinion?
701: Opinion Testimony by Lay Witnesses
Rationally. Based. Perception.
Since this rule is being used in speculation objection responses, it is important to clarify that your witness is not speculating but stating their opinion. An opinion that they reached with their RBP.
Under MRE 801(d)(2), there are 5 prongs. Which one is used for Dakota Sutcliffe's statements on the Prosecution?
801(d)(2): An Opposing Party's Statement
(D) was made by the party's agent on a matter within the scope of that relationship while it existed
In Pretrial Matters, what rule establishes that all witnesses are assumed to be previously warned in, and are presumed to be testifying under oath?
603: Oath or Affirmation to Testify Truthfully
"Your Honor, The State moves to invoke rule 603, the presumed swearing in of all witnesses."
405: Methods of Proving Character
(a) By Reputation or Opinion
(b) By Specific Instances of Conduct
Under MRE 602, what is needed for a witness to testify that they knew about a person/place/thing?
602: Need for Personal Knowledge
Sufficient foundation and evidence, either through testimony or otherwise, is needed before a witness can say they know anything about a person/place/thing.
Under MRE 705, experts can state opinions (and the reasons for it) without first laying the foundation of what MRE 702 prong?
705: Disclosing the Facts or Data Underlying an Expert's Opinion
Experts can state opinions without first laying the foundation of 702(b) sufficient facts or data.
Rapid Fire: List Hearsay Exceptions MRE 803 (1) (2) (3) and (4)
803 (1): Present Sense Impression
803 (2): Excited Utterance
803 (3): Then-Existing Mental, Emotional, or Physical Condition
803 (4): Statement Made for Medical Diagnosis or Treatment
In Pretrial matters, what rule makes sure that all of the witnesses (except party representatives) are constructively sequestered, meaning they cannot hear the testimony of the other 5 witnesses?
615: Excluding Witnesses
"Your Honor, The State moves to invoke rule 615, the constructive sequestration of all witnesses excluding today's party representatives. Today the State's party representative is ______."
Under MRE 404 (b), when may it be admissible to enter evidence of prior crimes, wrongs, or other acts in a criminal case? (if proper notice is provided)
404(b): Crimes, Wrongs, or Other Acts
Evidence of prior crimes, wrongs, and other acts may be admissible for purposes such as: proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident
(I'll give points for getting 4/9 of these)
Under MRE 608, what are the character traits that may be attacked/supported by the testimony of a witness, through the proper methods under MRE 405?
608: A Witness's Character for Truthfulness or Untruthfulness
A witnesses's credibility is being attacked or supported (their truthfulness or untruthfulness)
Straight up: what are the four prongs of MRE 702? (Extra points for fancy language)
702: Testimony by Expert Witness
(a) the expert's scientific, technical, or other specialized knowledge (b) testimony based on sufficient facts or data (c) testimony is the product of reliable principles and methods (d) the expert reliably applied the principles and methods to the case
Under MRE 803(6), there are 5 prongs. Which prong works in conjunction with MRE 902(11), 902(12), and Stipulation 4 to establish a reliable custodian?
803(6): Records of a Regularly Conducted Activity
(D) testimony from a reliable custodian shows that the document is (A) timely (B) regularly conducted by that organization, and (C) regular practice of that activity
What MRE gives an attorney the authority to refresh the witness's memory with any AMTA provided document (i.e., their affidavit) if they freeze on the stand?
612: Writing Used to Refresh a Witness's Memory
Not commonly used, but good to know for in-person trials if your witness forgets their lines.
Under MRE 406, what is the difference between habit and routine practice in the language of this rule?
406: Habit; Routine Practice
406 covers character evidence of a PERSON's habit or an ORGANIZATION's routine practice
Under MRE 609, what criminal convictions are inadmissible? (Hint: There are 4)
609: Impeachment by Evidence of a Criminal Conviction
1. Evidence After 10 Years 2. Pardon, Annulment, or Certificate of Rehabilitation 3. Juvenile Adjudications 4. Pending Appeals
Under MRE 703, what does an expert need for opinion testimony about the case at hand?
703: Bases of an Expert's Opinion Testimony
Short Answer: Not much
Long Answer: Expert needs to be aware of facts and data from the case, either provided or observed. Whether or not these facts or data are admissible does not matter. If the opinion is probative for their conclusion, the inadmissible data is not needed.
Under MRE 804(b), which exception which you use to get past trial transcripts admitted into evidence?
804(b): The Exceptions
(1) Former Testimony: testimony that was given as a witness at a trial
As stated in Stipulation 4, which MRE have been satisfied for all exhibits?
902 (11): Certified Domestic Records of a Regularly Conducted Activity
902 (12): Certified Foreign Records of a Regularly Conducted Activity
Under MRE 403, what are the 6 reasons for excluding relevant evidence?
403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
1. Unfair prejudice (Substantially more prejudical than probative) 2. Confusing the issues 3. Misleading the jury 4. Undue delay 5. Wasting time 6. Needlessly cumulative
Under MRE 611, what are prongs (b) and (c)? What do they let you do as an attorney?
611: Mode and Order of Examining Witnesses and Presenting Evidence
(b) Scope of Examination: Let's you re-direct and re-cross a witness.
(c) Leading Questions: No leading questions on directs, aiming for only leading questions on cross.
Under MRE 704, can witnesses testify about the ultimate issue on the stand?
704: Opinion on the Ultimate Issue
Yes. If that testimony is in the form of an opinion, it is not automatically objectionable under MRE 704(a). HOWEVER, if any witness (lay or expert) states that the defendant did or did not commit this crime as fact, it is objectionable as a violation of MRE 704.
Under MRE 803(8), what matters are not included in public records in criminal cases?
803(8): Public Records
(ii): a matter observed by law-enforcement personnell