Federal Rules of Evidence Comprehensive Review

Comprehensive vocabulary flashcards covering the Federal Rules of Evidence transcript, including general provisions, relevance, character evidence, privileges, witness examination, opinions and expert testimony, hearsay exceptions, authentication, and the best evidence rule.

Record (Rule 101(b)(4))

Includes a memorandum, report, or data compilation, including electronically stored information.

Rule 102 (Purpose)

Directs that the rules be construed to administer proceedings fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law to ascertain truth and secure a just determination.

Preserving a Claim of Error in Admitting Evidence (Rule 103(a)(1))

Requires a party, on the record, to timely object or move to strike and state the specific ground, unless the ground was apparent from the context.

Offer of Proof (Rule 103(a)(2))

An explanation made to the court informing it of the substance of excluded evidence, required to preserve an exclusionary claim of error unless the substance was apparent from context.

Definitive Ruling (Rule 103(b))

A ruling made by the court on the record either before or at trial that eliminates the need for a party to renew an objection or offer of proof to preserve an error for appeal.

Plain Error (Rule 103(e))

An obvious error affecting a substantial right that a court may notice and address even if the claim of error was not properly preserved.

Relevant Evidence (Rule 401)

Evidence having any tendency to make a fact more or less probable than it would be without the evidence (probative), where the fact is of consequence in determining the action (material).

General Admissibility of Relevant Evidence (Rule 402)

The principle that relevant evidence is admissible unless barred by the U.S. Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court.

Limiting Instruction (Rule 105)

An instruction the court must give on timely request when evidence is admitted for one purpose or against one party but not another, restricting the jury's consideration to its proper scope.

Rule of Completeness (Rule 106)

A rule allowing an adverse party to require the immediate introduction of any other part of a statement or related statement that in fairness ought to be considered at the same time, even over a hearsay objection.

Rule 403 Balancing Test

A standard allowing the exclusion of relevant evidence if its probative value is substantially outweighed by unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Character Evidence Prohibited Uses (Rule 404(a)(1))

The prohibition against offering evidence of a person's character or trait to prove that on a particular occasion the person acted in accordance with that character or trait (propensity).

Homicide Exception to Character Rule (Rule 404(a)(2)(C))

An exception allowing the prosecutor in a homicide case to offer evidence of the alleged victim's trait of peacefulness to rebut any evidence that the victim was the first aggressor.

Permitted Uses of Other Crimes, Wrongs, or Acts (Rule 404(b)(2))

Non-propensity purposes for admitting past acts, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident (MIMIC).

Notice Requirement under Rule 404(b)(3)

The requirement that a prosecutor in a criminal case give reasonable written notice before trial specifying the permitted non-propensity purpose and reasoning for offering past acts evidence.

Reputation or Opinion Testimony (Rule 405(a))

The primary allowable method to prove character when admissible, subject on cross-examination to inquiry into relevant specific instances of conduct.

Specific Instances of Conduct to Prove Character (Rule 405(b))

Evidence of specific past acts permitted on direct examination only when a person's character or trait is an essential element of a charge, claim, or defense.

Habit / Routine Practice (Rule 406)

A person's regular, specific, automatic response to a repeated situation, or an organization's routine practice, admissible to prove conduct in conformity and requiring no corroboration or eyewitness.

Subsequent Remedial Measures (Rule 407)

Measures taken after an injury or harm that would have made it less likely to occur, inadmissible to prove negligence, culpable conduct, product/design defect, or need for a warning, but admissible for impeachment or to prove disputed ownership, control, or feasibility.

Compromise Offers and Negotiations (Rule 408)

Settlement offers, acceptances, and related statements/conduct, inadmissible to prove/disprove the validity or amount of a disputed claim or for impeachment by prior inconsistent statement.

Offers to Pay Medical Expenses (Rule 409)

Evidence of furnishing, promising, or offering to pay medical or hospital expenses resulting from an injury, inadmissible to prove liability; accompanying admissions of fact remain admissible.

Rule 410 Excluded Statements

Withdrawn guilty pleas, nolo contendere pleas, Rule 11 plea proceeding statements, and discussions with a prosecuting attorney that do not yield an enduring guilty plea, inadmissible against the defendant.

Liability Insurance (Rule 411)

Evidence that a person carried or lacked liability insurance, inadmissible to prove negligence or wrongful conduct, but permissible to show bias, agency, ownership, or control.

Rape Shield Prohibited Uses (Rule 412(a))

Bars evidence offered to prove an alleged victim engaged in other sexual behavior or to prove the victim's sexual predisposition in civil or criminal proceedings involving alleged sexual misconduct.

Rule 412 Civil Balancing Test

A reverse-403 balancing standard where sexual behavior or predisposition evidence is admissible only if its probative value substantially outweighs the danger of harm to any victim and unfair prejudice to any party.

Similar Crimes in Sexual Assault / Child Molestation Cases (Rules 413 & 414)

Rules permitting the prosecution in criminal cases to introduce evidence of other sexual assaults or child molestations for any relevant matter, including propensity, provided notice is given at least 15 days before trial.

Child (Rule 414(d)(1))

A person below the age of 14 years.

Authentication Requirement (Rule 901(a))

The requirement that the proponent produce evidence sufficient to support a finding that the item is what the proponent claims it is.

Ancient Documents Authentication (Rule 901(b)(8))

Authentication satisfied by showing the document or data compilation creates no suspicion about authenticity, was found in an expected location, and is at least 20 years old when offered.

Self-Authenticating Evidence (Rule 902)

Items of evidence requiring no extrinsic evidence of authenticity to be admitted, including domestic public documents bearing seals, certified copies of public records, newspapers, and trade inscriptions.

Adjudicative Fact (Rule 201)

A fact specific to the case that is not subject to reasonable dispute because it is generally known within the territorial jurisdiction or can be accurately and readily determined from undisputable sources.

Judicial Notice Jury Instructions (Rule 201(f))

An instruction where the jury must accept the noticed fact as conclusive in civil cases, but may or may not accept it as conclusive in criminal cases.

Original (Rule 1001(d))

The writing or recording itself or any counterpart intended to have the same effect, including readable printouts of electronically stored information or photographic negatives/prints.

Duplicate (Rule 1001(e) & Rule 1003)

An accurate counterpart produced by mechanical, photographic, or electronic means, admissible to the same extent as an original unless authenticity is genuinely questioned or admission would be unfair.

Best Evidence Rule (Rule 1002)

The doctrine requiring an original writing, recording, or photograph in order to prove its content, unless an exception or statute provides otherwise.

Summaries to Prove Content (Rule 1006)

A summary, chart, or calculation admitted as substantive evidence to prove the content of voluminous admissible writings, recordings, or photos that cannot conveniently be examined in court.

Hearsay (Rule 801(c))

A statement that the declarant does not make while testifying at the current trial or hearing, offered in evidence to prove the truth of the matter asserted.

Statement (Rule 801(a))

A person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

Prior Inconsistent Statement Not Hearsay (Rule 801(d)(1)(A))

A testifying declarant's prior statement inconsistent with current testimony that was given under penalty of perjury at a trial, hearing, proceeding, or deposition, admitted for its truth.

Opposing Party's Statement (Rule 801(d)(2))

A non-hearsay statement offered against an opposing party that was made in an individual/representative capacity, adopted, made by an authorized speaker, made by an agent/employee within scope, or made by a coconspirator in furtherance.

Present Sense Impression (Rule 803(1))

A hearsay exception for a statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

Excited Utterance (Rule 803(2))

A hearsay exception for a statement relating to a startling event or condition, made while the declarant was under the stress of excitement caused by the event.

Then-Existing Mental, Emotional, or Physical Condition (Rule 803(3))

A hearsay exception for statements of current state of mind or sensory/physical condition, excluding statements of memory or belief to prove the fact remembered (except regarding the declarant's will).

Statement Made for Medical Diagnosis or Treatment (Rule 803(4))

A hearsay exception for statements reasonably pertinent to medical diagnosis or treatment that describe medical history, symptoms, sensations, their inception, or their general cause.

Recorded Recollection (Rule 803(5))

A record made or adopted when fresh by a witness who now cannot fully recall, accurately reflecting knowledge; it may be read to the jury but received as an exhibit only if offered by an adverse party.

Records of a Regularly Conducted Activity (Rule 803(6))

Business records made at or near the time by someone with knowledge, kept in the regular course of activity as a regular practice, shown by custodian testimony or certification.

Public Records Law-Enforcement Exclusion (Rule 803(8)(A)(ii))

The provision barring the prosecution in criminal cases from introducing public records setting out matters observed by law-enforcement personnel.

Criteria for Being Unavailable (Rule 804(a))

Conditions where a witness's testimony is unavailable due to privilege, refusal despite court order, lack of memory, death/illness, or absence beyond reasonable procurement by process.

Former Testimony (Rule 804(b)(1))

Sworn prior testimony of an unavailable declarant offered against a party (or civil predecessor in interest) who had an opportunity and similar motive to develop it by examination.

Statement Under the Belief of Imminent Death (Rule 804(b)(2))

A statement made by an unavailable declarant believing death to be imminent concerning the cause or circumstances of the impending death, admissible only in homicide prosecutions or civil cases.

Statement Against Interest (Rule 804(b)(3))

A statement by an unavailable non-party so contrary to proprietary, pecuniary, or penal interest that a reasonable person would have made it only if true; criminal penal statements require corroborating circumstances.

Forfeiture by Wrongdoing (Rule 804(b)(6))

A hearsay and Confrontation Clause forfeiture rule admitting statements against a party who wrongfully caused or acquiesced in causing the declarant's unavailability intending that result.

Residual Exception (Rule 807)

A catch-all hearsay exception for trustworthy statements that are more probative on the point than any other evidence obtainable through reasonable efforts, provided pretrial written notice is given.

Witness Competency (Rule 601)

The baseline presumption that every person is competent to testify unless rules provide otherwise, with state law governing competency on state-law claims in civil actions.

Personal Knowledge (Rule 602)

The requirement that lay witnesses testify only to matters they personally perceived, supported by sufficient evidence to support such a finding; does not apply to expert testimony under Rule 703.

Specific Instances of Conduct for Impeachment (Rule 608(b))

Inquiries allowed on cross-examination into specific instances of dishonest conduct bearing on truthfulness, without allowing extrinsic evidence to prove the acts if denied.

Leading Questions (Rule 611(c))

Questions suggesting the answer, ordinarily prohibited on direct examination except to develop testimony, but permitted on cross-examination and when examining hostile witnesses or adverse parties.

Writing Used to Refresh Memory (Rule 612)

A rule allowing an adverse party to inspect, cross-examine on, and introduce relevant portions of a writing used by a witness to refresh their memory while testifying (or before testifying, if justice requires).

Extrinsic Evidence of Prior Inconsistent Statement (Rule 613(b))

Outside proof of an inconsistent statement, which cannot be admitted until the witness is given an opportunity to explain or deny the statement and the adverse party can examine them about it.

Exclusion of Witnesses (Rule 615)

A mandatory order upon request excluding witnesses from the courtroom, exempting individual parties, designated party representatives, essential persons, and persons authorized by statute.

Lay Opinion Testimony (Rule 701)

Non-expert opinion testimony limited to impressions rationally based on personal perception, helpful to understanding testimony or determining a fact, and not based on specialized knowledge.

Expert Testimony Standard (Rule 702)

A standard requiring the proponent to prove it is more likely than not that specialized knowledge will help the trier of fact, based on sufficient facts/data, reliable principles/methods, and reliable application.

Bases of Expert Opinion (Rule 703)

Facts or data an expert personally observed or was made aware of; if reasonably relied upon in the field, they need not be admissible, but disclosure to the jury by the proponent requires probative value to substantially outweigh prejudice.

Criminal Mental State Exception to Ultimate Issue (Rule 704(b))

A rule prohibiting an expert witness in a criminal case from stating an opinion on whether the defendant did or did not have a mental state or condition constituting an element of the crime or defense.

Court-Appointed Expert (Rule 706)

An expert consenting to act who is appointed by the judge on motion or sua sponte, subject to deposition and cross-examination by all parties, with reasonable compensation set by the court.