FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
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Article I General Provisions (Fed. Rules Evid. 101-106)
Rule 101
Scope
Rule 102
Purpose And Construction
Rule 103(a) Rulings On Evidence:
Effect Of Erroneous Ruling
Rule 103(b) Rulings On Evidence:
Record Of Offer And Ruling
Rule 103(c) Rulings On Evidence:
Hearing Of Jury
Rule 103(d) Rulings On Evidence:
Plain Error
Rule 104(a) Preliminary Questions:
Questions Of Admissibility Generally
Rule 104(b) Preliminary Questions:
Relevancy Conditioned On Fact
Rule 104(c) Preliminary Questions:
Hearing of jury
Rule 104(d) Preliminary Questions:
Testimony By Accused
Rule 104(e) Preliminary Questions:
Weight And Credibility
Rule 105
Limited Admissibility
Rule 106
Remainder Of Or Related
Writings Or Recorded Statements
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 101 Scope
These rules govern proceedings in the courts of the United States and before United States bankruptcy judges and United States magistrate judges, to the extent and with the exceptions stated in Rule FRE 1101.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov.
1, 1988; Apr. 22, 1993, eff. Dec. 1, 1993.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 102 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 103(a) Rulings On Evidence: Effect Of Erroneous Ruling
Error may not be predicated upon a ruling which admits or
excludes evidence unless a substantial right of the party is affected, and
(1) 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;
or
(2) Offer of proof. In case the ruling is one excluding
evidence, the substance of the evidence was made known to the court by offer or
was apparent from the context within which questions were asked.
Once the court makes a definitive ruling on the record admitting or excluding
evidence, either at or before trial, a party need not renew an objection or
offer of proof to preserve a claim of error for appeal.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Apr. 17, 2000, eff. Dec. 1, 2000.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 103(b) Rulings On Evidence: Record Of Offer And Ruling
The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Apr. 17, 2000, eff. Dec. 1, 2000.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 103(c) Rulings On Evidence: 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Apr. 17, 2000, eff. Dec. 1, 2000.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 103(d) Rulings On Evidence: Plain Error
Nothing in this rule precludes taking notice of plain errors
affecting substantial rights although they were not brought to the attention of
the court.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Apr. 17, 2000, eff. Dec. 1, 2000.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 104(a) Preliminary Questions: Questions Of Admissibility Generally
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, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
For additional discussion of this rule see Issues Where Federal Rules Of Evidence Conflict With Case Law Or Are Silent: Examples Of Case Law Development Where FRE And Committee Notes Are Silent, FRE 104(a).
Related FORECITE National™ Materials:
See FORECITE National™ 25.8.6 [Dying Declaration: View That No Instruction Should Be Given].
See also FORECITE National™ 26.4.2 [Preliminary Factual Finding As To Timing Of Prior Consistent Statement].
RELATED FEDERAL MODEL INSTRUCTIONS:
See also 7th Circuit Federal Jury Instructions - Criminal 3.15.
See also 7th Circuit Federal Jury Instructions - Criminal 3.21.
See also 8th Circuit Model Jury Instructions - Criminal 4.12.
See also 8th Circuit Model Jury Instructions - Criminal 5.06I.
See also Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS 62 [Conspiracy 18 USC 371].
RELATED FEDERAL MANUALS:
See A Manual On Recurring Problems [Part V(A) 1b2 Coconspirator Statements: Existence Of A Conspiracy Must Be Proved].
See also Manual On Recurring Problems [Part V(A) 5b Receipt Of Expert Testimony: Determination Of Admissibility Of Expert Testimony].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 104(b) Preliminary Questions: Relevancy Conditioned On Fact
When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Related FORECITE National™ Materials:
See also FORECITE National™ 26.4.2 [Preliminary Factual Finding As To Timing Of Prior Consistent Statement].
RELATED FEDERAL MANUALS:
See A Manual On Recurring Problems [Part V(A) 8 “Other Crimes” Evidence: General Principles].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 104(c) Preliminary Questions: 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Related FORECITE National™ Materials:
See also FORECITE National™ 26.4.2 [Preliminary Factual Finding As To Timing Of Prior Consistent Statement].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 104(d) Preliminary Questions: Testimony By Accused
The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 104(e) Preliminary Questions: Weight And Credibility
This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 105 Limited Admissibility
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 4.3.2.1 [ Cautionary/Limiting Instructions Must Be Requested].
See also FORECITE National™ 25.13.7 [Uncharged Acts: Not Relevant To Show Bad Character Or Criminal Propensity Or That Defendant Committed The Charged Act].
RELATED FEDERAL MODEL INSTRUCTIONS:
See also 1st Circuit Pattern Jury Instructions - Criminal 2.05.
See also 7th Circuit Federal Jury Instructions - Criminal 3.05.
See also 8th Circuit Model Jury Instructions - Criminal 2.
See also 8th Circuit Model Jury Instructions - Criminal 3.04.
See also 9th Circuit Model Jury Instructions - Criminal 2.10.
See also 9th Circuit Model Jury Instructions - Criminal 4.6.
See also 9th Circuit Model Jury Instructions - Criminal 4.8.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 106 Remainder Of Or Related Writings Or Recorded 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1929; As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
For additional discussion of this rule see Issues Where Federal Rules Of Evidence Conflict With Case Law Or Are Silent: Case Law Divergence From The Federal Rules Of Evidence, FRE 106.