California Mock Trial Rules

Key Differences from Federal Rules of Evidence

• California has its own independently codified Evidence Code (not based on the Federal Rules of Evidence), with unique numbering, structure, and provisions
• California Evidence Code § 352 (equivalent to FRE 403) uses "substantially outweighed" language but gives judges broader discretion and is applied more frequently to exclude evidence
• California retains the Kelly/Frye general acceptance test for novel scientific evidence rather than the Daubert standard used in federal courts
• California Evidence Code § 1101(b) governs other-acts evidence with a narrower scope than FRE 404(b), requiring proof that the other act is relevant to a material disputed issue

Notable Rules

Key Features

• California uses a master calendar system in most counties where cases are assigned to trial departments when ready for trial
• Anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16) allows early dismissal of suits targeting protected speech
• Proposition 115 (1990) modified preliminary hearing procedures, limiting live testimony and allowing hearsay from law enforcement

• Civil juries consist of 12 jurors; verdict requires 9/12 agreement (3/4 majority)
• Criminal juries consist of 12 jurors and require unanimous verdicts for conviction
• California provides extensive pattern jury instructions (CALCRIM for criminal, CACI for civil)