Rule 102. Definitions

Application. The definitions in this rule govern the construction of these rules unless the context clearly requires otherwise. Where a term is defined for a particular Title, that definition governs within that Title.

“Account holder.” “Account holder” means the person to whom an account in the systems of this State is issued, identified by username. A reference in these rules to a person’s identity is satisfied by the username, and a party is not required to state a legal name.

“Admitted”; “excluded”; “stricken.” Evidence is “admitted” when the court receives it as part of the evidence in the proceeding. Evidence is “excluded” when the court refuses to receive it. Evidence is “stricken” when the court withdraws from the evidence a matter previously admitted, and directs that it not be considered.

“Authentication.” “Authentication” means the production of evidence sufficient to support a finding that an item is what its proponent claims it is, as Rule 901 provides. Rules 1108 and 1109 govern the authentication of electronic and in-game evidence and the chain of custody of an item.

“Capture.” “Capture” means a still image of what a display presented at a moment, including a screenshot of proceeding communications, of the in-game environment, of an in-game record, or of a record of the electronic filing system. A capture is offered as evidence of what was displayed, and is a duplicate within the meaning of Rule 1001(3) of any writing it depicts.

“Chain of custody.” “Chain of custody” means the succession of persons and systems having possession or control of an item of evidence from its acquisition to its offer in court, as Rule 1109 governs.

“Circumstantial evidence.” “Circumstantial evidence” means evidence of a fact from which the trier of fact may infer the existence of another fact. Circumstantial evidence is not inferior to direct evidence, and a fact may be proved by circumstantial evidence alone.

“Clear and convincing evidence.” “Clear and convincing evidence” means evidence which produces in the mind of the trier of fact a firm belief or conviction that the fact is highly probable.

“Court”; “presiding judge.” “Court” and “presiding judge” mean the judicial officer before whom the proceeding is conducted, being a supreme court justice, a visiting justice, a superior court judge, a magistrate judge, or an administrative court judge sitting in the Administrative Court, and, as to an act these rules commit to the clerk, mean the clerk.

“De bene”; “de bene admission.” “De bene admission” means the admission of evidence upon a condition stated by the court, the condition being that connecting proof be introduced later, as Rule 104(2) provides. Evidence so admitted is subject to a motion to strike if the condition is not satisfied.

“Demonstrative evidence.” “Demonstrative evidence” means an object, chart, model, diagram, or reconstruction offered to illustrate testimony rather than as a thing involved in the events at issue. Demonstrative evidence is received only upon a showing that it fairly and accurately illustrates the testimony it accompanies.

“Direct evidence.” “Direct evidence” means evidence which, if believed, establishes a fact without the necessity of an inference.

“Electronic filing system.” “Electronic filing system” means the court’s electronic case management system operated at the court’s portal, through which cases are opened, documents are filed, the docket is maintained, and service is effected. The terms “electronic case management system” and “the court’s electronic filing system,” wherever they appear in these rules, mean the same thing.

“Evidence.” “Evidence” means the testimony of witnesses, exhibits admitted by the court, facts judicially noticed under Rules 201 and 202, stipulations of the parties, and matters the court directs the trier of fact to accept. Argument of counsel, an opening statement, a closing argument, a pleading, a motion, an objection, and a ruling of the court are not evidence.

“Exhibit”; “marked for identification.” “Exhibit” means an item other than testimony which a party offers or has admitted. An exhibit is “marked for identification” when it is identified in the proceeding communications, or upon the docket, by the designation the court assigns to it. Marking for identification does not admit the exhibit.

“In camera.” “In camera” means heard or examined by the court alone, or by the court in the presence only of those persons the court permits, and outside the hearing of a jury, of the public, or of a party, as the court directs. Rule 103(14) governs the record of an in camera proceeding.

“In-game.” “In-game” means within the simulated territory and systems of the State of Ridgeway, including the in-game warrants system, the law enforcement radio, and the places, property, and persons represented there.

“In-game record.” “In-game record” means a record generated or maintained by a system of this State as it operates in-game, including an entry in the in-game warrants system, an arrest or sentencing timer, a criminal history record, and a transmission recorded upon the law enforcement radio. Rule 1108 governs the admissibility and authentication of an in-game record.

“In limine.” “In limine” means presented to the court in advance of the trial or hearing at which the evidence would be offered. Rule 103(2) and Rule 103(6) govern motions in limine.

“Log.” “Log” means a sequential record generated and kept by a system in the ordinary course of its operation, including the message history of proceeding communications, the docket and audit record of the electronic filing system, the register of the in-game warrants system, and the record of law enforcement radio transmissions. A log is a record within the meaning of Rule 1001(1), and Rules 1108 and 1109 govern its admissibility and authentication.

“Objection.” “Objection” means a party’s statement to the court, made on the record, that evidence offered or a question asked is inadmissible or improper, together with the ground. “Motion to strike” means a party’s request that the court withdraw from the evidence a matter already received.

“Offer of proof.” “Offer of proof” means the means by which a party places on the record the substance, purpose, and admissibility of evidence the court has excluded, as Rule 103(1)(b) and Rule 103(13) provide.

“Opponent.” “Opponent” means the party against whom evidence is offered.

“Party.” “Party” means a person recorded by the electronic filing system as a party to the case, and, in a criminal proceeding, means the State of Ridgeway and the defendant.

“Preponderance of the evidence.” “Preponderance of the evidence” means that the existence of a fact is more probable than its non-existence.

“Proceeding communications.” “Proceeding communications” means the communication channel designated for a case, in which the court convenes, argument and testimony are received, objections are made and ruled upon, exhibits are offered, and notices are given to those present. Proceeding communications are not the electronic filing system, and an item is not filed by posting it in proceeding communications.

“Proponent.” “Proponent” means the party who offers an item of evidence, and includes the court where the court calls a witness under Rule 614(1).

“Real evidence.” “Real evidence” means a thing itself involved in the events at issue, offered for inspection by the trier of fact.

“Recording.” “Recording” means a fixed audio, video, or audiovisual reproduction of an event, including a recording made by a participant’s client software, a recording of proceeding communications, a recording of in-game conduct, and an audio recording of a deposition taken under Rid. R. Civ. P. 23(1)(c). Rule 1108 governs the admissibility and authentication of a recording.

“Record”; “the record.” “The record” of a proceeding consists of:

“Relevant evidence.” “Relevant evidence” means evidence meeting the test stated in Rule 401.

“Sidebar.” “Sidebar” means a hearing conducted by the court with the parties outside the hearing of a witness, of a jury, or of the public, as Rule 103(14) provides.

“State judge.” “State judge” means any supreme court justice, visiting justice, superior court judge, or magistrate judge.

“Sufficient to support a finding.” A requirement that evidence be “sufficient to support a finding” is satisfied where a reasonable trier of fact could find the fact to exist upon the evidence offered, whether or not the court itself would so find.

“Testimonial evidence.” “Testimonial evidence” means the statement of a witness given under oath or affirmation in the proceeding, in a deposition, or in another proceeding.

“Trier of fact”; “fact finder.” “Trier of fact” and “fact finder” mean the jury in a proceeding in which a jury sits, and otherwise the court.

“Username.” “Username” means the name of the account by which a person is identified in this State. A witness, party, declarant, or other person shall be identified by username in a question, an exhibit, an offer of proof, and a ruling.

“Voir dire.” “Voir dire,” as to a witness or an exhibit, means an examination conducted before the witness testifies to the matter or before the exhibit is admitted, directed to the qualification of the witness, the foundation for the testimony, or the admissibility of the exhibit. Rule 104(9) governs. “Voir dire,” as to a jury, means the examination of prospective jurors, which the Ridgeway Rules of Criminal Procedure govern.

“Witness.” “Witness” means a person who gives testimonial evidence, and includes a party who testifies.

Terms Defined Elsewhere. “Statement,” “declarant,” and “hearsay” have the meanings given in Rule 801. “Unavailable” has the meaning given in Rule 804(1). “Writings,” “records,” “original,” and “duplicate” have the meanings given in Rule 1001.