100,200,300

These rules govern proceedings in the courts of the State of Midlands to the extent and with the exceptions stated in MRE 1101. No bureaucratic organizations whose edicts govern conduct in Midlands are considered to exist unless specified within the case problem. Comment: Midlands is recognized as being in the United States and as governed by the U.S. Constitution. Rule

These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

• (a) Effect of Erroneous Ruling.
• Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and

(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

• (2) Offer of Proof.—In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
• (3) Use of evidence not admitted.
• Notwithstanding an offer of proof made, materials ruled inadmissible or stricken by the court, may not be used in closing argument.
• (b) Omitted.
• (c) Hearing of Jury.—In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
• (d) Plain Error.--Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

(a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision

• (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.
• (b) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
• (c) Omitted
• (d) Omitted.
• (e) Weight and credibility.
• This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.

Comment: This rule of completeness applies only to material provided in the case packet. This rule does not reference any material not provided in the case packet.

• (a) Scope of rule. This rule governs only judicial notice of adjudicative facts.
• (b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either
• (1) generally known within the territorial jurisdiction of the trial court or
• (2) generally understood and verifiable by ready sources beyond dispute including but not limited to calendar events.
• (c) Omitted.
• (d) When mandatory.
• A court shall take judicial notice if requested by a party and supplied with the necessary information.
• (e) Opportunity to be heard.
• A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
• (f) Time of taking notice.
• Judicial notice may be taken at any stage of the proceeding.
• (g) Instructing jury.
• In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

In all civil actions and proceedings not otherwise provided for by the laws of Midlands or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.