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FEDERAL RULES
OF EVIDENCE, (Mock Trial Version)
To assure each party of a fair hearing, certain
rules have been developed to govern the types
of evidence that may be introduced, as well as
the manner in which evidence may be presented.
These rules are called the "rules of evidence."
The attorneys and the judge are responsible for
enforcing these rules. Before the judge can apply
a rule of evidence, an attorney must ask the judge
to do so. Attorneys do this by making "objections"
to the evidence or procedure employed by the opposing
side. When an objection is raised, the attorney
who asked the question that is being challenged
will usually be asked by the judge why the question
was not in violation of the rules of evidence.
The rules of evidence used in real trials can
be very complicated. A few of the most important
rules of evidence have been adapted for mock trial
purposes. These rules are designed to ensure that
all parties receive a fair hearing and to exclude
evidence deemed irrelevant, incompetent, untrustworthy,
unduly prejudicial, or otherwise improper. If
it appears that a rule of evidence is being violated,
an attorney may raise an objection to the judge.
The judge then decides whether the rule has been
violated and whether the evidence must be excluded
from the record of the trial. In the absence of
a properly made objection, however, the evidence
will probably be allowed by the judge. The burden
is on the mock trial team to know the Federal
Rules of Evidence (Mock Trial Version) and to
be able to use them to protect their client and
fairly limit the actions of opposing counsel and
their witnesses.
For purposes of mock trial competition, the Rules
of Evidence have been modified and simplified.
They are based on the Federal Rules of Evidence,
and its numbering system. Where rule numbers or
letters are skipped, those rules were not deemed
applicable to mock trial procedure.
Text in italics represents simplified or modified
language.
Not all judges will interpret the Rules of Evidence
(or procedure) the same way and mock trial attorneys
should be prepared to point out specific rules
(quoting if necessary) and to argue persuasively
for the interpretation and application of the
rule they think appropriate.
The mock trial Rules of Competition and these
Federal Rules of Evidence (Mock Trial Version)
govern the Oregon High School Mock Trial Championship.
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