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Federal Rules of Evidence

Federal Rules of Evidence govern the introduction of evidence in both civil and criminal proceedings in U.S. Federal courts.  The rules were published in 1975.  Although the Federal Rules of Evidence do not apply to suits in state courts, the rules of many states are closely modeled on these provisions.

These rules were intended to eliminate expense and delay in the application of evidence at trial.  The rules also sought to grow and develop the law of evidence so that the truth may be ascertained and proceedings justly determined.  Since the presentation of evidence takes place at the trial stage, the rules are primarily aimed at federal trial courts rather than appellate courts.  However, appellate courts supervise the application of the rules by trial courts to ensure consistency in application.

The Rules are based on the concepts of relevance, reliability, and overall fairness.  The Rules grant trial judges broad discretion to admit evidence.  At the same time, the judge retains power to exclude evidence that has a greater risk for unfair prejudice to a party due to its confusing nature or its propensity to waste the court’s time.

TABLE OF CONTENTS OF FEDERAL RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

Rule 101. Scope

Rule 102. Purpose and Construction

Rule 103. Rulings on Evidence

Rule 104. Preliminary Questions

Rule 105. Limited Admissibility

Rule 106. Remainder of or Related Writings or Recorded Statements

ARTICLE II. JUDICIAL NOTICE

Rule 201. Judicial Notice of Adjudicative Facts

ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS

Rule 301. Presumptions in General Civil Actions and Proceedings

Rule 302. Applicability of State Law in Civil Actions and Proceedings

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 401. Definition of “Relevant Evidence”

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes

Rule 405. Methods of Proving Character

Rule 406. Habit; Routine Practice

Rule 407. Subsequent Remedial Measures

Rule 408. Compromise and Offers to Compromise

Rule 409. Payment of Medical and Similar Expenses

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

Rule 411. Liability Insurance

Rule 412. Sex Offense Cases; Relevance of Alleged Victim’s Past Sexual Behavior or Alleged Sexual Predisposition

Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

Rule 414. Evidence of Similar Crimes in Child Molestation Cases

Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation

ARTICLE V. PRIVILEGES

Rule 501. General Rule

Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver

ARTICLE VI. WITNESSES

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. Competency of Juror as Witness

Rule 607. Who May Impeach

Rule 608. Evidence of Character and Conduct of Witness

Rule 609. Impeachment by Evidence of Conviction of Crime

Rule 610. Religious Beliefs or Opinions

Rule 611. Mode and Order of Interrogation and Presentation

Rule 612. Writing Used to Refresh Memory

Rule 613. Prior Statements of Witnesses

Rule 614. Calling and Interrogation of Witnesses by Court

Rule 615. Exclusion of Witnesses

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 701. Opinion Testimony by Lay Witnesses

Rule 702. Testimony by Experts

Rule 703. Bases of Opinion Testimony by Experts

Rule 704. Opinion on Ultimate Issue

Rule 705. Disclosure of Facts or Data Underlying Expert Opinion

Rule 706. Court Appointed Experts

ARTICLE VIII. HEARSAY

Rule 801. Definitions

Rule 802. Hearsay Rule

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial

Rule 804. Hearsay Exceptions; Declarant Unavailable

Rule 805. Hearsay Within Hearsay

Rule 806. Attacking and Supporting Credibility of Declarant

Rule 807. Residual Exception

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

Rule 901. Requirement of Authentication or Identification

Rule 902. Self-authentication

Rule 903. Subscribing Witness’ Testimony Unnecessary

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

Rule 1001. Definitions

Rule 1002. Requirement of Original

Rule 1003. Admissibility of Duplicates

Rule 1004. Admissibility of Other Evidence of Contents

Rule 1005. Public Records

Rule 1006. Summaries

Rule 1007. Testimony or Written Admission of Party

Rule 1008. Functions of Court and Jury

ARTICLE XI. MISCELLANEOUS RULES

Rule 1101. Applicability of Rules

Rule 1102. Amendments

Rule 1103. Title

Federal Rules of Evidence


Inside Federal Rules of Evidence