FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
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Rules Table of Contents
Article VI Witness (Fed. Rules Evid. 601-615)
Rule 601 General Rule
Of Competency
Rule 602 Lack Of Personal Knowledge
Rule 603 Oath Or Affirmation
Rule 604 Interpreters
Rule 605 Competency of Judge as
Witness
Rule 606(a) Competency Of Juror As
Witness: At The Trial
Rule 606(b) Competency Of Juror As
Witness: Inquiry Into Validity Of Verdict Or Indictment
Rule 607 Who May Impeach
Rule 608(a) Evidence Of Character And
Conduct Of Witness: Opinion And Reputation Evidence of character
Rule 608(b) Evidence Of Character And
Conduct Of Witness: Specific Instances Of Conduct
Rule 609(a) Impeachment By Evidence
Of Conviction Of Crime: General Rule
Rule 609(b) Impeachment By Evidence
Of Conviction Of Crime: Time Limit
Rule 609(c)
Impeachment By Evidence
Of Conviction Of Crime: Effect Of Pardon, Annulment, or certificate of
rehabilitation
Rule 609(d) Impeachment By Evidence
Of Conviction Of Crime: Juvenile Adjudications
Rule 609(e) Impeachment By Evidence
Of Conviction Of Crime: Pendency Of Appeal
Rule 610 Religious Beliefs Or
Opinions
Rule 611(a) Mode And Order Of
Interrogation And Presentation: Control By Court
Rule 611(b) Mode And Order Of
Interrogation And Presentation: Scope Of Cross-Examination
Rule 611(c) Mode And Order Of
Interrogation And Presentation: Leading Questions
Rule 612 Writing Used To Refresh
Memory
Rule 613(a) Prior Statement Of
Witnesses: Examining Witness Concerning Prior Statement
Rule 613(b) Prior Statement Of
Witnesses: Extrinsic Evidence Of Prior Inconsistent Statement Of witness
Rule 614(a) Calling And Interrogation
Of Witnesses By Court: Calling By Court
Rule 614(b) Calling And Interrogation
Of Witnesses By Court: Interrogation By Court
Rule 614(c) Calling And Interrogation
Of Witnesses By Court: Objections
Rule 615 Exclusion Of Witnesses
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Article VI Witness (Fed. Rules Evid. 601-615)
For additional discussion of these rules 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 Article VI.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 601 General Rule Of Competency
Every person is competent to be a witness except as otherwise
provided in these rules. However, in civil actions and proceedings, with respect
to an element of a claim or defense as to which State law supplies the rule of
decision, the competency of a witness shall be determined in accordance with
State law.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934.)
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 601.
Related FORECITE National™ Materials:
See FORECITE National™ 27.2.10 [Witnesses Credibility: Youth/Age Of Witness].
RELATED FEDERAL MODEL INSTRUCTIONS:
See also 6th Circuit Pattern Jury Instructions - Criminal 7.10.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 602 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
Rule 703, relating to opinion testimony by
expert witnesses.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934; As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988,
eff. Nov.
1, 1988.)
RELATED FEDERAL MODEL INSTRUCTIONS:
See 8th Circuit Model Jury Instructions - Criminal 4.10.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 603 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934; As amended Mar. 2, 1987, eff. Oct. 1,
1987.)
RELATED FEDERAL MANUALS:
See also Benchbook for U.S. District Court Judges 7.08.3 [Oaths: Table Of Authorities].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 604 Interpreters
An interpreter is subject to the provisions of these rules
relating to qualification as an expert and the administration of an oath or
affirmation to make a true translation.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934; As amended Mar. 2, 1987, eff. Oct. 1,
1987.)
Related FORECITE National™ Materials:
See FORECITE National™ 16.16 [Interpreters].
RELATED FEDERAL MANUALS:
See A Manual On Jury Trial Procedures [3.7D Interpreters: Necessity Of Oath].
See also Benchbook for U.S. District Court Judges [7.08.3 Oaths: Table Of Authorities].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 605 Competency of Judge As Witness
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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 606(a) Competency Of Juror As Witness: At The Trial
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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934; As amended Dec. 12, 1975, P.L.
94-149, § 1(10), 89 Stat. 805; Mar. 2, 1987, eff. Oct. 1, 1987; Dec. 1, 2006.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 606(b) Competency Of Juror As Witness: Inquiry Into Validity Of Verdict Or Indictment
Upon an inquiry into the validity of a verdict or indictment,
a juror may not testify as to any matter or statement occurring during the
course of the jury's deliberations or to the effect of anything upon that or any
other juror's mind or emotions as influencing the juror to assent to or dissent
from the verdict or indictment or concerning the juror's mental processes in
connection therewith. But a juror may testify about (1) whether extraneous
prejudicial information was improperly brought to the jury's attention, (2)
whether any outside influence was improperly brought to bear upon any juror, or
(3) whether there was a mistake in entering the verdict onto the verdict form. A
juror's affidavit or evidence of any statement by the juror may not be received
on a matter about which the juror would be precluded from testifying.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934; As amended Dec. 12, 1975, P.L.
94-149, § 1(10), 89 Stat. 805; Mar. 2, 1987, eff. Oct. 1, 1987; Dec. 1, 2006.)
Related FORECITE National™ Materials:
See FORECITE National™ 288.2 [Juror Statements Regarding Failure To Follow Instructions Should Not Be Excluded Under Domestic Rules Of Evidence].
See also FORECITE National™ 288.3 [Post-Verdict Communications With Jurors Should Not Be Prohibited Without A Showing Of Good Cause].
See also FORECITE National™ 288.4 [Defendant Should Be Permitted To Prove Juror Agreement To Disregard An Instruction].
RELATED FEDERAL MANUALS:
See A Manual On Recurring Problems [Part II(C) 23. Testimony By Jurors That May Impeach Verdict].
See also A Manual On Jury Trial Procedures Chapter Six: Post-Verdict Considerations.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 607 Who May Impeach
The credibility of a witness may be attacked by any party,
including the party calling the witness.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1934; 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 607.
Related FORECITE National™ Materials:
See FORECITE National™ 26.3.1 [Impeachment By Unsworn Prior Inconsistent Statements].
See also FORECITE National™ Chapter 27 [Witness Credibility].
See also FORECITE National™ 251.4.3.3 [Impeachment Of Witness By Evidence Of Untruthful Character Or Reputation].
See also FORECITE National™ 253.4.8.3 [Self Defense: Jury Consideration Of Alleged Victim’s Prior Conviction Not Limited To Impeachment].
RELATED FEDERAL MODEL INSTRUCTIONS:
See 9th Circuit Model Jury Instructions - Criminal 4.7.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 608(a) Evidence Of Character And Conduct Of Witness: Opinion And Reputation Evidence Of Character
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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1935; As amended Mar. 2, 1987,
eff.Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Dec. 1, 2003.)
Related FORECITE National™ Materials:
See FORECITE National™ 251.4.1.2 [Distinction Between Character And Reputation Evidence].
See also FORECITE National™ 251.4.3.3 [Impeachment Of Witness By Evidence Of Untruthful Character Or Reputation].
RELATED FEDERAL MODEL INSTRUCTIONS:
See also 7th Circuit Federal Jury Instructions - Criminal 3.12.
See also 8th Circuit Model Jury Instructions - Criminal 4.02.
See also 9th Circuit Model Jury Instructions - Criminal 4.7.
See also 9th Circuit Model Jury Instructions - Criminal 4.8.
See also Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS 31 [Impeachment By Evidence of Untruthful Character].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 608(b) Evidence Of Character And Conduct Of Witness: Specific Instances Of Conduct
Specific instances of the conduct of a witness, for the
purpose of attacking or supporting the witness' character for truthfulness,
other than conviction of crime as provided in rule
609, may not be proved by extrinsic evidence. They may, however, in the
discretion of the court, if probative of truthfulness or untruthfulness, be
inquired into on cross-examination of the witness (1) concerning the witness'
character for truthfulness or untruthfulness, or (2) concerning the character
for truthfulness or untruthfulness of another witness as to which character the
witness being cross-examined has testified.
The giving of testimony, whether by an accused or by any other witness, does not
operate as a waiver of the accused's or the witness' privilege against
self-incrimination when examined with respect to matters that relate only to
character for truthfulness.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1935; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Dec. 1, 2003.)
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 608(b).
Related FORECITE National™ Materials:
See also FORECITE National™ 251.4.3.3 [Impeachment Of Witness By Evidence Of Untruthful Character Or Reputation].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 609(a) Impeachment By Evidence Of Conviction Of Crime: General Rule
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, subject to Rule
403, if the crime was punishable by death or imprisonment in excess of one
year under the law under which the witness was convicted, and evidence that an
accused has been convicted of such a crime shall be admitted if the court
determines that the probative value of admitting this evidence outweighs its
prejudicial effect to the accused; and
(2) 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1935; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 1990; Dec. 1, 2006.)
Related FORECITE National™ Materials:
See FORECITE National™ 26.2.3 [Witness Who Has Entered Guilty Plea: Limited Purpose Instruction].
See also FORECITE National™ 27.3.2.7 [Impeachment By Prior Conviction: Receipt Of Stolen Property Not Per Se Admissible].
See also FORECITE National™ 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See also FORECITE National™ 253.4.8.3 [Self Defense: Jury Consideration Of Alleged Victim’s Prior Conviction Not Limited To Impeachment].
RELATED FEDERAL MODEL INSTRUCTIONS:
See 1st Circuit Pattern Jury Instructions - Criminal 2.03.
See also 7th Circuit Federal Jury Instructions - Criminal 3.05.
See also 7th Circuit Federal Jury Instructions - Criminal 3.10.
See also 7th Circuit Federal Jury Instructions - Criminal 3.11.
See also 8th Circuit Model Jury Instructions - Criminal 4.02.
See also 9th Circuit Model Jury Instructions - Criminal 4.6.
See also 9th Circuit Model Jury Instructions - Criminal 4.7.
See also 9th Circuit Model Jury Instructions - Criminal 4.8.
RELATED FEDERAL MANUALS:
See A Manual On Recurring Problems [Part V(A) 4. Balancing Probative Value of Evidence Against Prejudicial Effect: General Principles].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 609(b) Impeachment By Evidence Of Conviction Of Crime: Time Limit
Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1935; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 1990; Dec. 1, 2006.)
Related FORECITE National™ Materials:
See FORECITE National™ 26.2.3 [Witness Who Has Entered Guilty Plea: Limited Purpose Instruction].
See also FORECITE National™ 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See also FORECITE National™ 253.4.8.3 [Self Defense: Jury Consideration Of Alleged Victim’s Prior Conviction Not Limited To Impeachment].
RELATED FEDERAL MANUALS:
See A Manual On Recurring Problems [Part V(A) 4. Balancing Probative Value of Evidence Against Prejudicial Effect: General Principles].
See also A Manual On Recurring Problems [Part V(A) 4b. Balancing Probative Value Of Evidence Against Prejudicial Effect: Balancing Under Rule 609(a)].
See also A Manual On Recurring Problems [Part V(A) 4c. Balancing Probative Value Of Evidence Against Prejudicial Effect: Balancing Under Rule 609(b)].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 609(c) Impeachment By Evidence Of Conviction Of Crime: Effect Of Pardon, Annulment, Or Certificate Of Rehabilitation
Evidence of a conviction is not admissible under this rule if (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime that was punishable by death or imprisonment in excess of one year, or (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1935; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 1990; Dec. 1, 2006.)
Related FORECITE National™ Materials:
See FORECITE National™ 26.2.3 [Witness Who Has Entered Guilty Plea: Limited Purpose Instruction].
See also FORECITE National™ 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See also FORECITE National™ 253.4.8.3 [Self Defense: Jury Consideration Of Alleged Victim’s Prior Conviction Not Limited To Impeachment].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 609(d) Impeachment By Evidence Of Conviction Of Crime: Juvenile Adjudications
Evidence of juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1935; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 1990; Dec. 1, 2006.)
Related FORECITE National™ Materials:
See FORECITE National™ 26.2.3 [Witness Who Has Entered Guilty Plea: Limited Purpose Instruction].
See also FORECITE National™ 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See also FORECITE National™ 253.4.8.3 [Self Defense: Jury Consideration Of Alleged Victim’s Prior Conviction Not Limited To Impeachment].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 609(e) Impeachment By Evidence Of Conviction Of Crime: Pendency Of Appeal
The pendency of an appeal therefrom does not render evidence
of a conviction inadmissible. Evidence of the pendency of an appeal is
admissible.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1935; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 1990; Dec. 1, 2006.)
Related FORECITE National™ Materials:
See also FORECITE National™ 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See also FORECITE National™ 253.4.8.3 [Self Defense: Jury Consideration Of Alleged Victim’s Prior Conviction Not Limited To Impeachment].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 610 Religious Beliefs Or Opinions
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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1936; As amended Mar. 2, 1987, eff.
Oct. 1, 1987.)
Related FORECITE National™ Materials:
See FORECITE National™ 27.2.9 [Witnesses Credibility: Religious Beliefs Or Opinions To Show Interest Or Bias].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 611(a) Mode And Order Of Interrogation And Presentation: 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1936; As amended Mar. 2, 1987, eff.
Oct. 1, 1987.)
Related FORECITE National™ Materials:
See generally FORECITE National™ Volume 4: Evidence--Issues And Instructions (Chapters 24-42).
RELATED FEDERAL MANUALS:
See A Manual On Jury Trial Procedures [3.10 B. Summaries: Summary Of Testimony].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 611(b) Mode And Order Of Interrogation And Presentation: 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1936; As amended Mar. 2, 1987, eff.
Oct. 1, 1987.)
Related FORECITE National™ Materials:
See generally FORECITE National™ Volume 4: Evidence--Issues And Instructions (Chapters 24-42).
RELATED FEDERAL MANUALS:
See A Manual On Jury Trial Procedures [3.8 B. Successive Cross-Examination: Scope Of Re-Direct And Re-Cross Examination (Criminal)].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 611(c) Mode And Order Of Interrogation And Presentation: 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1936; As amended Mar. 2, 1987, eff.
Oct. 1, 1987.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 612 Writing Used To Refresh Memory
Except as otherwise provided in criminal proceedings by
section 3500 of title 18, United States Code, if a witness uses a writing to
refresh memory for the purpose of testifying, either--
(1) while testifying, or
(2) before testifying, if the court in its discretion
determines it is necessary in the interests of justice,
an adverse party is entitled to have the writing produced at the hearing, to
inspect it, to cross-examine the witness thereon, and to introduce in evidence
those portions which relate to the testimony of the witness. If it is claimed
that the writing contains matters not related to the subject matter of the
testimony the court shall examine the writing in camera, excise any portions not
so related, and order delivery of the remainder to the party entitled thereto.
Any portion withheld over objections shall be preserved and made available to
the appellate court in the event of an appeal. If a writing is not produced or
delivered pursuant to order under this rule, the court shall make any order
justice requires, except that in criminal cases when the prosecution elects not
to comply, the order shall be one striking the testimony or, if the court in its
discretion determines that the interests of justice so require, declaring a
mistrial.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1936; As amended Mar. 2, 1987, eff.
Oct. 1, 1987.)
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 613(a) Prior Statement Of Witnesses: Examining Witness Concerning Prior Statement
Examining witness concerning prior statement. 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1936; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988.)
Related FORECITE National™ Materials:
See FORECITE National™ 26.3.1 [Impeachment By Unsworn Prior Inconsistent Statements].
See FORECITE National™ 26.4.1 [Prior Consistent Statements: Purpose And Scope Of Instruction].
See 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 613(b) Prior Statement Of Witnesses: Extrinsic Evidence Of Prior Inconsistent Statement Of Witness
Extrinsic evidence of a prior inconsistent statement by a
witness is not admissible unless the witness is afforded an opportunity to
explain or deny the same and the opposite party is afforded an opportunity to
interrogate the witness thereon, or the interests of justice otherwise require.
This provision does not apply to admissions of a party-opponent as defined in
rule
801(d)(2).
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1936; As amended Mar. 2, 1987, eff.
Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988.)
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 613(b).
Related FORECITE National™ Materials:
See FORECITE National™ 26.3.1 [Impeachment By Unsworn Prior Inconsistent Statements].
See also FORECITE National™ 26.3.2 [Distinguishing Between Sworn And Unsworn Prior Inconsistent Statements].
See also FORECITE National™ 305.16.10 [Prior Inconsistent Statements].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 614(a) Calling And Interrogation Of Witnesses By Court: Calling By Court
The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1937.)
Related FORECITE National™ Materials:
See FORECITE National™ 16.14.2.1 [Questions To Witness By Judge: Cautionary Instruction].
See also FORECITE National™ 16.14.2.2 [Questions Of Witness By Judge: Right Of Defendant To Ask Additional Questions].
See also FORECITE National™ 16.14.2.3 [Judge Calling Witness: Cautionary Instruction].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 614(b) Calling And Interrogation Of Witnesses By Court: Interrogation By Court
The court may interrogate witnesses, whether called by itself or by a party.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1937.)
Related FORECITE National™ Materials:
See FORECITE National™ 16.14.2.1 [Questions To Witness By Judge: Cautionary Instruction].
See also FORECITE National™ 16.14.2.2 [Questions Of Witness By Judge: Right Of Defendant To Ask Additional Questions].
See also FORECITE National™ 16.14.2.3 [Judge Calling Witness: Cautionary Instruction].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 614(c) Calling And Interrogation Of Witnesses By Court: Objections
Objections to the calling of witnesses by the court or to
interrogation by it may be made at the time or at the next available opportunity
when the jury is not present.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1937.)
Related FORECITE National™ Materials:
See FORECITE National™ 16.14.2.1 [Questions To Witness By Judge: Cautionary Instruction].
See also FORECITE National™ 16.14.2.2 [Questions Of Witness By Judge: Right Of Defendant To Ask Additional Questions].
See also FORECITE National™ 16.14.2.3 [Judge Calling Witness: Cautionary Instruction].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 615 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 natural person, or (2) an officer or employee of a party which
is not a natural 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1937; Oct. 1, 1987; Nov. 1, 1988;
Nov. 18, 1988, P.L. 100-690, Title VII, Subtitle B, § 7075(a), 102 Stat. 4405;
Dec. 1, 1998.)
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 615.
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.2.2 [Jury Must Not Consider Demeanor Of Witness While Not Testifying].
RELATED FEDERAL MANUALS:
See A Manual On Recurring Problems [Part V(B) 5. Exclusion Of Witnesses From Courtroom: General Principles].