Rules of Evidence and Discovery
Article I: General Provisions
Rule 1-101: Purpose
These rules help judges, attorneys, and citizens understand what kind of evidence is allowed in court. The goal is to keep trials fair, honest, and efficient.
Rule 1-102: Scope
These rules apply to all court cases in San Andreas, unless another law says otherwise.
Rule 1-103: Definitions
Evidence: Any statement, object, document, or recording used to prove or disprove something in court.
Witness: A person who gives information under oath during a hearing or trial.
Trier of Fact: The judge or jury who decides what actually happened in the case.
Article II: Judicial Notice
Rule 2-101: Judicial Notice of Facts
A court may accept certain facts as true without proof if they are commonly known or easily verified. For example, the sun rises in the east.
Rule 2-102: Judicial Notice of Laws
Courts may recognize state laws, city ordinances, and regulations without requiring a party to prove them.
Article III: Civil Cases
Rule 3-101: Burden of Proof
In civil cases, the party bringing the claim must prove their case by a "preponderance of the evidence." This means it is more likely than not that their claim is true.
Rule 3-102: Admissibility of Evidence
Evidence in civil trials must still follow the rules of relevance, hearsay, privilege, and fairness. Evidence that is unfairly harmful, misleading, or confusing can be excluded.
Rule 3-103: Hearsay in Civil Trials
Hearsay is not usually allowed, but courts may allow hearsay in civil cases if it’s reliable and helps determine the facts fairly.
Rule 3-104: Witnesses in Civil Trials
Witnesses in civil trials must be sworn in and may only testify to what they directly saw, heard, or experienced unless they are qualified as an expert.
Article IV: Relevance and Prejudice
Rule 4-101: Relevant Evidence
Evidence is relevant if it makes a fact in the case more or less likely to be true.
Rule 4-102: Excluding Unfair Evidence
Even if evidence is relevant, the judge may exclude it if it would unfairly influence the jury or confuse the issues.
Article V: Privileges
Rule 5-101: Privileged Communications
Some conversations are protected and cannot be used in court. These include:
Lawyer and client
Doctor and patient
Husband and wife
Rule 5-102: Waiving a Privilege
If a person talks openly about a private conversation, they may lose that protection and the court can allow the information.
Article VI: Witnesses
Rule 6-101: Competence of Witnesses
Any person who can understand the duty to tell the truth may testify, unless a law says otherwise.
Rule 6-102: Oath or Affirmation
Before testifying, all witnesses must swear or affirm that they will tell the truth.
Rule 6-103: Leading Questions
Not allowed during direct examination (when questioning your own witness).
Allowed during cross-examination (when questioning the other side’s witness).
Article VII: Opinions and Expert Testimony
Rule 7-101: Opinion Testimony by Lay Witnesses
Ordinary witnesses can only give opinions if they are based on what they personally observed and are helpful to the case (e.g., “He looked tired” or “The car was going fast”).
Rule 7-102: Expert Witnesses
Experts are allowed to give opinions based on their training and experience if it helps the court understand a complicated issue.
Rule 7-103: Basis for Expert Opinion
Experts can use facts or data they personally observed or that are reasonably trusted in their field, even if those facts aren’t normally allowed in court.
Article VIII: Hearsay
Rule 8-101: Hearsay Definition
Hearsay is when a witness says what someone else said outside of court, and that statement is used to prove something in the case. Hearsay is generally not allowed.
Rule 8-102: Exceptions to Hearsay Rule
Some statements are allowed even if they are hearsay:
Excited utterance: A statement made during a shocking or stressful event.
Statement against interest: A statement that hurts the speaker’s own case or gets them in trouble.
Example: If someone says, “I stole the car,” that is a statement against their own interest and may be allowed in court.
Article VIIII– Authenticating Evidence
Rule 9-101: Proving Something Is Real
To use something in court (like texts, videos, or photos), the side showing it must prove it is real and hasn't been changed.
Rule 9-102: Witness Can Help Authenticate
A witness can confirm something is real if they saw it, made it, or received it.
Article X – Writings, Records & Recordings
Rule 10-101: Best Evidence Rule
The original document, text, video, or recording must be used unless a good reason is given.
Rule 10-102: Copies May Be Allowed
If the original is missing, a copy can be used if it is reliable and there is no foul play.
Article XI – Judicial Authority and Sanctions
Rule 11-101. Objections in Court
Judges may allow or deny objections during trial. Common objections include:
Relevance – Not related to the case.
Hearsay – Statement made outside of court.
Leading – Question suggests the answer.
Speculation – Guessing instead of stating facts.
Cumulative – Repeating the same evidence too much.
Lack of foundation – Evidence not properly introduced.
Rule 11-102. Judge’s Powers During Trial
The Court may take actions to keep the trial fair and under control:
Exclude evidence if it breaks the rules.
Allow a pause or delay (called a continuance) if needed.
Give jury instructions to help them understand something important.
Sanction (punish) someone who breaks court rules or procedure.
Rule 11-201. When Judges Can Give Sanctions
The judge may issue sanctions when someone:
Hides or refuses to share required evidence.
Uses false, altered, or misleading evidence.
Lies to the Court or the other party.
Causes repeated delays or disruptions.
Tries to threaten or improperly influence a witness.
Disobeys a direct court order.
Rule 11-202. Types of Sanctions
A. Light Sanctions (Minor problems)
Warning – A clear reminder to follow the rules.
Exclusion of evidence – Late or hidden evidence may not be allowed.
Short delay – Time given to the other party to review new information.
Limiting witness testimony – A witness may be restricted in what they say.
B. Moderate Sanctions (Serious or repeated problems)
Striking testimony or exhibits – Removing things already said or shown.
Jury instruction about misconduct – Telling the jury someone broke a rule.
Barring certain claims – A party may not use arguments linked to misconduct.
C. Severe Sanctions (Major misconduct)
Contempt of Court – Fines or removal from the courtroom.
Mistrial – Trial is stopped if it cannot be fair anymore.
Dismissal of case – Charges or claims may be dropped.
Referral to leadership – Police or lawyers may be reported to their agency or bar.
Rule 11-203. What the Judge Should Consider
Before issuing sanctions, the Court should consider:
Was the misconduct intentional or accidental?
How much did it hurt the other party’s case?
Would it make the trial unfair?
Has this happened before?
Will a sanction help prevent future problems?
Rule 11-204. Purpose of Sanctions
Sanctions are used to protect fairness and respect in court. Judges should only use them when necessary to stop bad conduct and keep the trial process fair for all sides.
Appendix A: Glossary
Admissible: Allowed to be used in court.
Affirm: To promise to tell the truth without taking a religious oath.
Credibility: Whether a witness is believable.
Impeachment: Challenging a witness's honesty or reliability.
Preponderance of the Evidence: More likely true than not true.
Relevance: Connected to the facts of the case.
Privilege: Legal protection for certain private conversations.
Appendix B: Example Scenarios
A witness says they heard someone shout “I crashed the car!” during an accident. This may be allowed as an excited utterance.
A doctor refuses to share a patient’s health info in court. That’s protected by doctor-patient privilege.
An expert in car mechanics explains how a brake failure could happen. Their opinion helps the judge understand the technical issue.
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