Evidence Rules

Federal Rules of Evidence 

57 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
101
Scope. These rules govern proceedings in the courts of the United States and before the United States bankruptciy judges and United States magistrate judges, to the extent and with the exceptions stated in rule 1101.
102
Purpose and Construction. These rules shall be construed to secure fairness in administration, elimination of unjustifiable 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 determned.
103(a)(1)
Rulings on Evidence. Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes eivdence 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
103(a)(2)
Rulings 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 (2) Offer of proof. In case the ruling is one excluding evidence, the stubstnace of the evidcence was made iknown to the court by offer or was apparent fromt he 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.
103(b)
Rulings on Evidence. Record o0f 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.
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.
103(d)
Rulings on Evidence. Plain error. Nothing in this rule preculdes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.
104(a)
Questions of admissibility generally. Preliminary questions concerning the qualification fo 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.
104(b)
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.
104(c)
Hearing of jury. Hearings on the admissibility of confessions shall in all cases be conducted out fo 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.
104(d)
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.
104(e)
Weight and credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
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.
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 requre 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.
901
Requirement of Authentication or Identification