Case & Rules Q&A

Question:
"I understand that all exhibits are deemed authentic, but I have an question about two of the exhibits - Exhibit 1 (Accident Report Form) and Exhibit 6 (Consent Form). In order to be admissible under the Rule 806 (6) Business Record Exception to Hearsay Rule, a custodian or witness has to first testify or certify that these exhibits are business records of regularly conducted activity. There is no such witness in this case. So theoretically, they can be objected to even if they are deemed authentic. So my question is, does the ruling that these exhibits are “authentic” also include the assumption that they are certified business records. In other words, is it stipulated that they are business records?"

Answer:
“Exhibit 1 and 6 are not stipulated as business records under Evidence Rule 803(6). We note, however, that an out of court statement may be excluded from the hearsay definition if the evidence is not offered to prove the truth of the matter asserted.”

 

 

From the Mock Trial Committee: 

As competition updates are released, they will be posted on this page. 

ALL questions regarding the CASE and the RULES should adhere to the following guidelines: 

Procedures:
All case and rules questions must be submitted via email to the mock trial coordinator (rgarner@msbar.org). Only teacher or attorney coaches may submit questions on behalf of a team. The mock trial coordinator will only process written case and rules questions submitted by email and will not accept questions submitted by any other method, including phone, fax or in person.

Times to Submit Questions:
Teams may submit questions from Sept. 21, 2018, until 5:00 p.m. on Jan. 4, 2019. Questions may also be submitted from Feb. 4 - 22, 2019. This time period is post-Regional competition and pre-Statewide.

Receiving Answers:
Teams will check the website for a running list of answers to all case and rules questions submitted throughout the season.

Final Answers:
The final Q&A list will be posted on the website by Feb. 23, 2019, at 5:00 pm.
 
The fact that the Mock Trial Committee made a correction or addition to the case materials at any point during the season is not relevant during a trial round. Teams are to assume that the fault for any typographical error or any other correction, addition or clarification to the case materials indicated in the Q&A list posted online lies with the mock trial committee, not with a particular witness. The clean, corrected copy of the materials that will be posted by January 11, 2019, is to be considered the first and only version of these materials submitted by any party in this action when trying this case in a competition round.

If you have a question about the case or the rules, please send your question to Rene' Garner at rgarner@msbar.org. She will forward your question to the committee for a response.