Document:Rules of Evidence

Taijituan Rules of Evidence [2011] Contents ARTICLE I: GENERAL PROVISIONS Section 1: Scope Section 2: Purpose and Construction Section 3: Rulings on Evidence Section 4: Preliminary Questions Section 5: Remainder of Related Statements ARTICLE II: RELEVANCY AND ITS LIMITS Section 1: Definition of “Relevant Evidence” Section 2: Admissibility Section 3: Exceptions Section 4: Character Evidence Section 5: Habit or Routine Practice Section 6: Inadmissibility of Pleas, etc. ARTICLE III: PRIVILEGES Section 1: General Rule Section 2: Attorney – Client Privilege Section 3: Moderator – Confidentiality Privilege ARTICLE IV: WITNESSES Section 1: General Competency Section 2: Lack of Personal Knowledge Section 3: Oath of Affirmation Section 4: Competency of Judge or Juror Section 5: Who May Impeach Section 6: Evidence of Character Section 7: Religious or Political Beliefs Section 8: Mode and Order of Interrogation and Presentation Section 9: Prior Statements Section 10: Exclusion of Witnesses ARTICLE V: OPINIONS AND EXPERT WITNESSES Section 1: Opinion Testimony by Lay Witnesses Section 2: Testimony by Experts ARTICLE VI: HEARSAY Section 1: Definition Section 2: Admissibility ARTICLE VII: APPROPRIATE COLLECTION OF EVIDENCE Section 1: Admissibility ARTICLE VIII: MISCELLANEOUS RULES Section 1: Amendments Section 2: Title   ARTICLE I: GENERAL PROVISIONS Section 1: Scope These rules govern proceedings in the courts of Taijitu and are limited to any official trial under the Constitution of the Third Taijituan Republic. Section 2: Purpose and Construction 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. Section 3: Rulings on Evidence a) 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 b) 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. Section 4: Preliminary Questions a) Questions of General Admissibility - 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. In making its determination it is not bound by the rules of evidence except those with respect to privileges. b) Hearing of Jury - Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness and so requests. Section 5: Remainder of Related Statements 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.

ARTICLE II: RELEVANCY AND ITS LIMITS Section 1: Definition of “Relevant Evidence” "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Section 2: Admissibility a) All relevant evidence is admissible, except as otherwise provided by the Constitution of the Third Taijituan Republic, by Act of Senate, by these rules, or by other rules prescribed by the Court of Taijitu. Evidence which is not relevant is not admissible. Section 3: Exceptions Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. Section 4: Character Evidence a) Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion. b) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial. Section 5: Habit or Routine Practice Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. Section 6: Inadmissibility of Pleas, etc. Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions: (1) a plea of guilty which was later withdrawn (2) a plea of nolo contendere; (3) any statement made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the foregoing pleas; or (4) any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.

However, such a statement is admissible (i) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, or (ii) in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.

ARTICLE III: PRIVILEGES Section 1: General Rule Except as otherwise required by the Constitution of the Third Taijituan Republic or provided by Act of Senate or in rules prescribed by the Court of Taijitu pursuant to statutory authority, the privilege of a witness, person, government, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience. Section 2: Attorney – Client Privilege Any disclosures made between an Attorney and that attorney’s client is considered privileged. This includes any work products, papers, records, or any sort of transcript of any discussion between an Attorney and a Client. Section 3: Moderator – Confidentiality Privilege Any disclosures made to a moderator under the assumption of anonymity or confidentiality as agreed upon by both parties is considered privileged. If the moderator did not extend or agree to confidentiality or anonymity prior to the disclosure, it is not considered privileged.

ARTICLE IV: WITNESSES Section 1: General Comptency Every person is competent to be a witness except as otherwise provided in these rules. Section 2: Lack of Personal Knowledge A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of Article V, Section 2, relating to opinion testimony by expert witnesses. Section 3: Oath or Affirmation Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so. Section 4: Competency of Judge of Juror The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point. A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. Section 5: Who May Impeach The credibility of a witness may be attacked by any party, including the party calling the witness. Section 6: Evidence of Character a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. b) For the purpose of attacking the character for truthfulness of a witness,(1) evidence that a witness other than an accused has been convicted of a crime shall be admitted with the permission of the Court. i. Evidence that any witness has been convicted of a crime shall be admitted regardless of the punishment, if it readily can be determined that establishing the elements of the crime required proof or admission of an act of dishonesty or false statement by the witness. Section 7: Religious or Political Beliefs Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced. Section 8: Mode and Order of Interrogation and Presentation a) Control by court - The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. b) Scope of cross-examination - Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. c) Leading questions - Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Section 9: Prior Statements In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel. Section 10: Exclusion of Witnesses At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a neutral person, or (2) an officer or employee of a party which is not a neutral person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a person authorized by statute to be present.

ARTICLE V: OPINIONS AND EXPERT WITNESSES Section 1: Opinion Testimony by Lay Witnesses If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Article V, Section 2. Section 2: Testimony by Experts If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

ARTICLE VI: HEARSAY Section 1: Definition The following definitions apply under this article: a) Statement - A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. b) Declarant - A "declarant" is a person who makes a statement. c) Hearsay - "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. d) Statements which are not hearsay. i. A statement is not hearsay if 1. Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person; or 2. Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.

The contents of the statement shall be considered but are not alone sufficient to establish the declarant's authority under subdivision (C), the agency or employment relationship and scope thereof under subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision (E). Section 2: Admissibility Hearsay is not admissible.

ARTICLE VII: APPROPRIATE COLLECTION Section 1: Admissibility No evidence of any sort, including but not limited to logs of conversations had on forum and off, chat logs, pictures submitted on the forum, or any evidence of wrong doing is admissible unless it was obtained with a search and seizure warrant given in due time and with probable cause. Only evidence found under the qualifications of the search and seizure warrant may be presented. Records of conversations on the forum may be subpoenaed by the Court if requested by a Moderator and probable cause is found. If these records are subpoenaed, then they will be handed over by the party responsible within 24 hours of notification. If that time limit expires, they will be taken by the Moderators.

ARTICLE VIII: MISCELLANEOUS RULES Section 1: Amendments Any Amendment to this set of Rules may be made at any time through Act of Senate, petition and referendum, or Order of the Court as approved by a majority of the Senate. Section 2: Title These rules may be known and cited as the Taijituan Rules of Evidence. [[File:File:Example.jpg]]