Important Federal Rules of Evidence

Rule 401. Test for Relevant Evidence

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.

Rule 402: General Admissibility of Relevant Evidence

Relevant evidence is admissble unless any of the following provides otherwise:

• the United States Constitution;

• a federal statute;

• these rules; or

• other rules prescribed by the Supreme Court.

Irrelevant evidence is not admissable.

Rule 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

The court may exclude relevant evidence if its probative is substantially outweighed by a danger or one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Rule 404.a. Character Evidence

(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion ther person acted in acordance with the character or trait.

(2) Exceptions for a Defendant or Victim in a Criminal Case:

a. a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

b. subject to the limitations in rule 412, a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:

(i) offer evidence to rebuit it; and (ii) offer evidence of the defendant’s same trait; and

c. in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacfulness to rebut evidence that the victim was the first aggressor.

(3) Exceptions for a Witness, Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.

Rule 404.b Other Crims, Wrongs, or Acts

(1) Prohbited Uses.

Evidence of any other crime, wrong, or act is not admissble to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

(2) Permitted Uses. This evidence may be admissble for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

(3) Notice in a Criminal Case. the prosecutor must:

a. provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;

b. articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and

c. do so in writing before trial - or in any form during trial if the court, for good cause, excuses lack of pretrial notice.

Rule 405. Methods of Proving Character

a. By Reputation or Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of any opinion. ON cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.

b. By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character of trait may also be proved by relevant specific instances of the person’s conduct.

Rule 406. Habit; Routine Practice

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

Rule 407. Subsequent Remedial Measures

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

negligence;

culpapble conduct;

a defect in a product or its design; or

a need for a warnign or instruction.

But the court may admit this evidence for another purpose such as impeachment or - if disputed- proving ownership, control, or the feasibility of precautionary measures.

Rule 408. Compormise Offers and Negotiations

a. Prohibited Uses. Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:

1. furnishing, promising, or offering-or accepting, promising to accept-a valuable consideration in compromising or attempting to compromise the claim; and

2. conduct or a statement made during compromise negotiations about the claim - except when offered in a criminal case and when the negotiations related to a claim by a public office the exercise of its regulatory, investigative, or enforemcent authority.

b. Exceptions. The court may admit this evidence for another purpose, such as porving a witness’s bias or prejudice, negating contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Rule 409. Offers to Pay Medical and Similar Expenses

Evidence of furnishing, promising to pay, or offering to pay medical, hospital or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Rule 701. Opinion Testimony by Lay Witnesses

If a witness is not testifying as an expert, testimony in the form of an opnion is limited to one that is:

a. rationally based on the witness’s perception;

b. helpful to clearly understanding the witness’s testimony or to determinig a fact in ssue; and

c. not based on scientific, technical, or other specialized knowedlge within the scope of Rule 702

Rule 702. Testimony by Expert Witnesses

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demostrates to the court that it is more likely than not that:

a. the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

b. the testimony is based on sufficient facts or data;

c. the testimony is the product of reliable principles and methods; and

d. the expert’s opinion reflects reliable application of the principles and methods to the facts of the case.

Rule 703. Bases of an Expert’s Opinion Testimony

An expert may base an opinion on facts or data in a case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

Rule 704. Opinion on an Ultimate Issue

a. In General - Not Automatically Objectionable.

An opinion is not objectionable just because it embraces an ultimate issue.

b. EXCEPTION. In a criminal case, an expert witness must no state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defnse. Those matters are for the trier of tfact alone.