Essay on NYS Mock Trial Rules

NYS Mock Trial Rules - Cheat Sheet
Basel Kamoua
1)Scope
Rule 102 – Objections: All objections must be contained in these rules
2)Relevancy
Rule 201 – Relevancy: Only physical evidence and testimony allowed is that that makes the case more or less probable, unless the evidence causes unfair prejudice.
Rule 202 – Character – Evidence about character. May not be introduced unless person’s character is an issue or to show truthfulness/untruthfulness of the party or witness. Evidence that shows person’s tendency to act is generally not allowed.
Rule 203 – Other crimes, wrongs, or Acts : Evidence of other crimes to prove the character of a person. May only be allowed if it is to show motive, intent, preparation, knowledge, or identity.
3) Witness Examination
Direct Examination
Rule 301 – Form of Question: Direct questions ONLY, no leading questions in direct examination.
Rule 302 – Scope of Witness Examination: All facts relevant to the case that the witness has first-hand knowledge about (Any areas examined in direct can be examined in cross)
Rule 303 – Refreshing Recollection: If witness cannot remember a statement in the affidavit, the attorney may show the portion of the affidavit that will help.
Cross-examination
Rule 304 – Form of Question – Leading questions are encouraged in cross. Narrative (direct questions) should be avoided.
Rule 305 – Scope of Witness Examination – Only questions that relate to matters brought out by the other side in direct examination, or matters relating the credibility of the witness are allowed.
Rule 306 – Impeachment: Impeachment can show the witness is not believable by:
1. A witness can testify about another witness’s reputation for truthfulness.
2. Counsel may ask questions that demonstrate the witness has made statements that are inconsistent with the witness’s present testimony.(If the witness said the car was red, then later said it was black).
3. Attorney may ask questions demonstrating the witness’s bias in favor of a party on whose behalf the witness is testifying. (If the witness is being paid to testify by one party, he may be biased)

Rule 307 – Impeachment by Evidence of a Criminal Conviction: Evidence that the witness has been convicted of a crime is admitted only if the crime was a felony, showed the wickedness of the witness, and if the court determines that it will not have a prejudicial effect to a party.
Re-Direct Examination
Rule 308 – Limit on Questions: After cross-examination, the attorney conducting the direct examination may ask up to 3 questions that were raised in the cross-examination.
Re-Cross Examination
Rule 309 – Limit on Questions: Up to 3 questions may be asked by the cross-examining attorney, after Re-direct examination.
Argumentative questions
Rule 310 – Argumentative questions should be avoided. (Why were you driving so carelessly? Objection your honor, counsel is being argumentative).
Compound Questions
Rule 311 – Questions that are compound in nature should be avoided. Witness gives one answer to a questions that contains two separate inquiries. (Objection, Your honor counsel is asking a compound question).
Asked and Answered Questions
Rule 312 – Questions that have already been asked and answered should not be asked again (Objection, Your Honor, the witness was asked and answered this question).
Speculation
Rule 313 – Questions that ask a witness to speculate about matters not within personal knowledge are not permitted. (Objection, your honor the question asks the witness to speculate).
4) Hearsay
Rule 401 – Hearsay: A statement made out of court. If made by a party to the case and is being used against that party, it is allowed.
Reasons for Excluding Hearsay – If the opposing party was denied the opportunity to cross examine the declarant about the statement, hearsay may be excluded. The opposing party had no chance to test the declarant’s perception, memory, or sincerity.
5) Exceptions
Rule 402 – Admission of a Party Opponent – Judge may admit hearsay

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