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# System prepended metadata

title: Rules of Evidence

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# Rules of Evidence
These Rules should be cited as the Mayfl. R. Ev. #(#)(Letter). For example, Mayfl. R. Ev. 1(1)(a) would properly cite the first clause of the admissible evidence subsection of Rule 1.

### RULE 1 - EVIDENCE; HOW SO RULED UPON
1. **Admissible Evidence**
(a) Evidence to be used in trial shall only be entered observing the rights of the accused.
2. **Objections to Evidence**
(a) Parties shall only object to the submission of evidence by motion.
### RULE 2 - COURT’S DUTY TO DECIDE ON PRELIMINARY QUESTIONS
1. **In General**
(a) It shall be the duty of the court to decide any preliminary questions on evidence regarding the qualifications of a witness, whether privilege exists, or if evidence is admissible
2. **If Evidence Depends on Fact**
(a) If, at face value, the relevance of evidence depends on facts to be presented, the court may admit such, pending presentation of fact.
3. **Cross-Examining a Defendant in a Criminal Case**
(a) By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.
4. **Evidence Relevant to Weight and Credibility**
(a) This rule does not limit a party’s right to introduce before the judge evidence that is relevant to weight or credibility of other evidence.
### RULE 3 - EXCLUSION OF EVIDENCE
1. **Cause for the Exclusion of Evidence**
(a) The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing issues, undue delay, needlessly presenting cumulative evidence.
### RULE 4 - RELEVANCE OF EVIDENCE; HOW SO DETERMINED
1. **Relevance of Evidence**
(a) Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is a consequence in deciding the actions.
### RULE 5 - MATTERS REGARDING PRIVILEGE
1. **In General**
(a) Privilege shall exist when special, personal information exists between two or more persons in a professional capacity (including accountant-client, attorney-client, state secrets, et cetera).
2. **Attorney-Client Privilege**
(a) Discussion and communications, including electronic, shall not be subject to disclosure where an attorney-client relationship exists.
RULE 6 - MOTIONS AND ORDERS REGARDING SUBPOENAS
3. **In General**
(a) The court may order a witness to produce any document, video, data, or their own person to render testimony upon motion of a party concern in the proceedings or sua sponte.
4. **Timeframe of Issuance**
(a) All subpoenas issued must be issued sixteen (16) hours in advance of appearance.
### RULE 7 - COMPETENCY OF WITNESSES; OTHER PROVISIONS
1. **In General; Oath Required**
(a) Every witness summoned to testify on their knowledge of events shall be qualified. All witnesses shall be required to be under oath during their testimony.
2. **Personal Knowledge of Witness**
(a) A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
3. **Exemption**
(a) Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under this Rule.
4. **Qualified Expert Witness**
(a) Expert witnesses may testify only after expressing their qualifications to the court.
5. **Opinion Allowed by Lay Witness**
(a) A lay witness may give his limited opinion on events only in the following capacities: (1) if it is his perception, (2) clarity of testimony, or (3) not based on scientific, technical or another specialized knowledge
6. **Opinion Allowed by Expert Witness**
(a) An expert witness may testify in a form of opinion withstanding the following provisions: (1) his scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact of issue, (2) the testimony is based on sufficient facts and data, (3) the testimony is the product of reliable principles and methods, or (4) the expert has reliably applied the principles and methods to the facts of the case.
7. **Exclusion of Witnesses; Prejudicial Disclosure**
(a) At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding:
    1. A party who is a natural person; or,
    2. An officer or employee of a party that is not a natural person, after being designated as the party’s representative by its attorney; or,
    3. Person(s) whose presence a party shows to be essential to presenting the party’s claim or defense; or,
    4. Person(s) authorized by the state to be present.
### RULE 8 - UTILIZATION OF AFFIDAVITS
1. **In General**
(a) The use and introduction of any affidavit shall be eligible to be used in any civil or criminal action in accordance applicable law and constitutional provisions.
### RULE 9 - HEARSAY PROHIBITED; EXCEPTIONS TO HEARSAY
1. **In General**
(a) “Hearsay” means a statement that:
    1. The declarant does not make while testifying at the current trial or hearing; and
    2. A party offers in evidence to prove the truth of the matter asserted in the statement.
2. **Exceptions to Hearsay**
(a) Hearsay may be accepted if it conforms to the provisions contained within this subsection and if it is:
    1. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
    2. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
    3. A record that: (i) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately, (ii) was made or adopted by the witness when the matter was fresh in the witness’s memory, or (iii) accurately reflects the witness’s knowledge.
3. **Exceptions Made**
(a) If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.
RULE 10 - DECLARANT IN HEARSAY INQUIRIES
4. **In General**
(a) The declarant, otherwise the person who made the hearsay statement(s) in question may be summoned to testify on such.
5. **Prior Statements not Considered Hearsay**
(a) A statement that meets the following conditions is not hearsay. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
    1. Is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
    2. Is consistent with the declarant’s testimony and is offered: (i) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence to influence or motive in so testifying; or, (ii) to rehabilitate the declarant’s credibility as a witness when attacked on another ground; or, (iii) identifies a person as someone the declarant perceived earlier.
### RULE 11 - AUTHENTICATION REQUIRED
1. **In General**
(a) All documents, data, records, videos, photographs or other recordings to be used by any party must be authenticated, such that they are proven to be genuine in its content. Unauthenticated material may not be used.
1. **Self-Authenticating Material**
(a) Self-authenticating material shall be certified records, files, recordings or documents created and maintained by state or local political subdivisions that are of public interest. Also, self-authenticating material shall include publications, newspapers and periodicals.
### RULE 12 - BURDEN/STANDARD OF PROOF
1. **Burden/Standard of Proof in Civil Matters**
(a) The burden of proof shall be on the plaintiff. The plaintiff shall prove by a “preponderance of evidence” that the defendant is liable.
1. **Exemption in Expungements**
(a) This rule is exempt in expungement matters.
1. **Burden/Standard of Proof in Criminal Matters**
(a) The burden of proof shall be on the prosecution. The prosecution shall prove “beyond a reasonable doubt” that the defendant is guilty.