GMU Rules of Evidence

All Mock Trials will be subject to the GMU Rules of Evidence.

The GMU Rules of Evidence permit the following Objections:

1. Objection: “Relevance”
   1. Meaning:
      1. The question asked is not relevant to the issues in dispute.
   2. Exceptions:
      1. The question is laying a foundation for evidence that will be relevant.
      2. The opposing side “opened the door” (i.e. already commented about this topic)
2. Objection: “Calls for a conclusion on the part of the witness”
   1. Meaning:
      1. The question is asking the witness to make a conclusion regarding various bits of information, something only an expert is permitted to do.
   2. Exception:
      1. The witness has been qualified as an expert in the field, and so is permitted to make conclusions within the realm of his/her area of expertise.
      2. Note that in our cases, the witnesses must be factual witnesses rather than experts, so this exception would not ordinarily make sense.)
3. Objection: “Calls for Speculation”
   1. Meaning:
      1. The question is asking the witness to speculate on something, rather than state known facts.
4. Objection: “Assumes facts not in evidence”
   1. Meaning:
      1. The question requires the witness to assume something that has not already been shown by other testimony.
5. Objection: “Hearsay”
   1. Meaning:
      1. The question is asking the witness to repeat something s/he heard from someone else.
   2. Due to the extremely complex number and nature of traditional hearsay exceptions, no exceptions will be permitted under these GMU rules
   3. Note: Statements offered for a purpose other than to prove their truth are not considered hearsay. For example, a witness may testify to a statement heard that contradicts an earlier statement made by another witness, for impeachment purposes.
6. Objection: “Leading the Witness”
   1. Meaning:
      1. The question is giving the witness information about what the intended answer ought to be.
   2. Example:
      1. “So, is that when he pointed the gun at you?”
   3. Exception:
      1. When dealing with an opposing party’s witness, you are permitted to lead.
7. Objection: “Asked and Answered”
   1. Meaning:
      1. The question is just reiterating something that has already been covered (perhaps to emphasize a response to the judge or jury).
8. Objection: “Counsel is testifying”
   1. Meaning:
      1. The attorney is making factual statements rather than only asking a question. (The attorney is not allowed to testify.)