Federal Rules of Evidence – Key Vocabulary

Vocabulary flashcards summarizing the key Federal Rules of Evidence (Rules 101–1103) and major defined terms and exceptions. Use them to practice quick recall of each rule’s purpose and scope.

Rule 101 – Scope; Definitions

Establishes that the Federal Rules of Evidence (FRE) apply to U.S. courts and supplies basic definitions used throughout the Rules.

Civil Case (FRE 101(b)(1))

A civil action or proceeding.

Criminal Case (FRE 101(b)(2))

Includes a criminal proceeding.

Public Office (FRE 101(b)(3))

Includes a public agency for purposes of the Rules.

Record (FRE 101(b)(4))

Any memorandum, report, or data compilation, including electronic formats.

Rule Prescribed by the Supreme Court (FRE 101(b)(5))

A rule the Court adopts under statutory authority.

Electronically Stored Information (FRE 101(b)(6))

Any written material or medium stored electronically.

Rule 102 – Purpose

Directs courts to construe the FRE to secure fairness, efficiency, truth-seeking, and just determinations.

Rule 103 – Rulings on Evidence

Details how to preserve error, make offers of proof, and handle objections, plain error, and shielding juries from inadmissible evidence.

Objection (Rule 103(a)(1)(A))

Timely statement opposing admission of evidence, necessary to preserve error.

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

Explains excluded evidence to the court to preserve the issue for appeal.

Plain Error (Rule 103(e))

Serious evidentiary error a court may correct even if not preserved.

Rule 104 – Preliminary Questions

Court decides preliminary issues of qualification, privilege, or admissibility and may conditionally admit evidence.

Conditional Relevance (Rule 104(b))

Evidence admitted on the condition that a linking fact will be proved.

Rule 105 – Limiting Instruction

Court must restrict evidence to its proper scope when requested.

Rule 106 – Rule of Completeness

Allows an adverse party to require contemporaneous admission of related statements for fairness.

Rule 201 – Judicial Notice

Permits courts to recognize adjudicative facts not subject to reasonable dispute.

Adjudicative Fact

A fact concerning the parties, decided by the jury or judge, and subject to judicial notice under Rule 201.

Rule 301 – Presumptions in Civil Cases

Places the burden of production on the party against whom a presumption is directed without shifting persuasion burden.

Rule 302 – State Law Presumptions

In civil cases, state law governs the effect of presumptions when state law supplies the rule of decision.

Rule 401 – Test for Relevant Evidence

Evidence is relevant if it has any tendency to make a consequential fact more or less probable.

Rule 402 – General Admissibility of Relevant Evidence

Relevant evidence is admissible unless barred by the Constitution, statute, FRE, or Supreme Court rules.

Rule 403 – Excluding Relevant Evidence

Court may exclude relevant evidence if its probative value is substantially outweighed by dangers such as unfair prejudice or confusion.

Unfair Prejudice (Rule 403)

An undue tendency to suggest decision on an improper basis, often emotional.

Rule 404 – Character Evidence

Generally bars character evidence to prove conduct but allows listed exceptions and other-acts uses (motive, intent, etc.).

Rule 405 – Methods of Proving Character

Allows reputation/opinion testimony and, when character is an essential element, specific acts.

Rule 406 – Habit; Routine Practice

Habit evidence is admissible to prove conduct on a particular occasion.

Rule 407 – Subsequent Remedial Measures

Post-injury safety measures are inadmissible to prove negligence, but usable for ownership, control, feasibility, or impeachment.

Rule 408 – Compromise Offers & Negotiations

Settlement offers and related statements are inadmissible to prove or disprove liability or amount of a claim.

Rule 409 – Offers to Pay Medical Expenses

Offers to pay medical costs after an injury are inadmissible to prove liability.

Rule 410 – Pleas & Plea Discussions

Withdrawn guilty pleas, nolo pleas, and certain plea-discussion statements are inadmissible against the defendant.

Rule 411 – Liability Insurance

Evidence of liability insurance is inadmissible to prove negligence but admissible for bias or control.

Rule 412 – Sex-Offense (Rape Shield) Rule

Bars evidence of a victim’s other sexual behavior or disposition with limited exceptions.

Rule 413 – Similar Crimes in Sexual-Assault Cases

Allows evidence of a defendant’s prior sexual assaults in criminal sexual-assault prosecutions.

Rule 414 – Similar Crimes in Child-Molestation Cases

Permits evidence of other child molestation in prosecutions for child molestation.

Rule 415 – Similar Acts in Civil Sexual-Assault/Child-Molestation Cases

Authorizes admission of prior sexual assault or child molestation in civil actions alleging such conduct.

Rule 501 – Privilege in General

Privileges are governed by common law, except as modified by Constitution, statute, or Supreme Court rules; state privilege applies in diversity claims.

Rule 502 – Attorney-Client Privilege & Work-Product Waiver

Defines scope and limits of privilege waivers, including inadvertent disclosure and subject-matter waiver.

Rule 601 – Competency to Testify

All persons are competent witnesses unless FRE provide otherwise; state law controls in diversity matters.

Rule 602 – Personal Knowledge

Witness may testify only with evidence sufficient to show personal knowledge of the matter.

Rule 603 – Oath or Affirmation

Witnesses must swear or affirm to testify truthfully.

Rule 604 – Interpreter

Interpreter must be qualified and take an oath to translate truthfully.

Rule 605 – Judge’s Competency as Witness

Presiding judge may not testify at trial.

Rule 606 – Juror’s Competency as Witness

Limits juror testimony during trial and post-verdict challenges, with narrow exceptions (external influence, mistake, extraneous info).

Rule 607 – Who May Impeach

Any party, including the one who called the witness, may attack credibility.

Rule 608 – Character for Truthfulness

Allows reputation/opinion testimony and limited inquiry into specific acts for truthfulness, subject to restrictions.

Rule 609 – Impeachment by Criminal Conviction

Sets conditions under which prior convictions may be used to impeach witness credibility.

Rule 610 – Religious Beliefs

Religious beliefs/opinions are inadmissible to attack or support credibility.

Rule 611 – Mode & Order of Examining Witnesses

Gives court control over examination to ensure efficiency, truth finding, and witness protection; addresses scope and leading questions.

Rule 612 – Writing Used to Refresh Memory

Gives adverse party options when a witness consults a writing to refresh recollection.

Rule 613 – Witness’s Prior Statement

Regulates use and disclosure of prior statements and admissibility of extrinsic evidence of inconsistencies.

Rule 614 – Court’s Calling or Examining Witness

Court may call or question witnesses; parties may cross-examine and object.

Rule 615 – Sequestration of Witnesses

Requires exclusion of witnesses from the courtroom upon request, with listed exceptions and potential additional protective orders.

Rule 701 – Lay Opinion

Non-expert opinions must be rationally based on perception, helpful, and not specialized knowledge.

Rule 702 – Expert Witnesses

Expert testimony admissible if helpful, based on sufficient facts, reliable principles, and reliably applied.

Rule 703 – Bases of Expert Opinion

Expert may rely on inadmissible facts/data if reasonably relied upon in the field; disclosure to jury limited by probative-prejudice balance.

Rule 704 – Opinion on Ultimate Issue

Opinions are not objectionable for addressing ultimate issues, except experts cannot state mental-state conclusions in criminal cases.

Rule 705 – Disclosure of Facts Underlying Expert Opinion

Experts may give opinions without first detailing underlying facts but must disclose on cross-examination if required.

Rule 706 – Court-Appointed Experts

Provides procedure for appointing, compensating, and using court-selected experts.

Rule 801 – Hearsay Definitions

Defines statement, declarant, hearsay, and identifies statements that are “not hearsay” (prior statements, opposing-party statements).

Rule 802 – Rule Against Hearsay

Hearsay is inadmissible unless a statute, the FRE, or Supreme Court rules provide otherwise.

Rule 803 – Hearsay Exceptions (Declarant Availability Immaterial)

Lists 23 categories of statements (e.g., present sense impression, excited utterance, business records) admissible regardless of declarant availability.

Present Sense Impression (Rule 803(1))

Statement describing an event made while or immediately after perceiving it.

Excited Utterance (Rule 803(2))

Statement about a startling event made under the stress of excitement.

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

Statement of present state of mind or physical condition, excluding memory or belief to prove past facts.

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

Statement made for and pertinent to medical diagnosis or treatment describing symptoms or cause.

Business Records Exception (Rule 803(6))

Admits records of regularly-conducted activities if made near the time by someone with knowledge and kept in ordinary course.

Rule 804 – Hearsay Exceptions (Declarant Unavailable)

Provides exceptions like former testimony, dying declarations, statements against interest, and forfeiture by wrongdoing.

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

Prior testimony given under oath with opportunity and similar motive for cross-examination.

Dying Declaration (Rule 804(b)(2))

Statement about cause or circumstances of imminent death, admissible in homicide prosecutions and civil cases.

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

Self-inculpatory statement that a reasonable person wouldn’t have made unless true, with corroboration in criminal cases.

Rule 805 – Hearsay within Hearsay

Nested hearsay is admissible only if each layer fits an exception.

Rule 806 – Attacking Declarant Credibility

Allows impeachment and rehabilitation of hearsay declarants as if they had testified.

Rule 807 – Residual Exception

Admits trustworthy, more-probative hearsay not covered elsewhere if advance notice is given.

Rule 901 – Authentication

Proponent must show evidence is what it claims to be; lists illustrative methods such as witness testimony, distinctive characteristics, etc.

Rule 902 – Self-Authenticating Evidence

Identifies items (e.g., sealed public documents, certified business records) that require no extrinsic proof of authenticity.

Rule 903 – Subscribing Witness

Witness to a writing is required for authentication only if jurisdictional law demands it.

Rule 1001 – Best Evidence Definitions

Defines writing, recording, photograph, original, and duplicate for Article X.

Rule 1002 – Requirement of Original

Original required to prove content unless FRE or statute allows otherwise.

Rule 1003 – Admissibility of Duplicates

Duplicates are admissible unless authenticity is questioned or unfairness arises.

Rule 1004 – Other Evidence of Content

Allows secondary evidence of content when originals are lost, unobtainable, controlled by opponent, or not closely related to a controlling issue.

Rule 1005 – Copies of Public Records

Certified copies of public records may prove content when record is otherwise admissible.

Rule 1006 – Summaries

Permits summaries of voluminous materials if originals are available for inspection.

Rule 1007 – Testimony of Party to Prove Content

Party’s own testimony or statement can establish content without producing the original.

Rule 1008 – Functions of Court and Jury

Jury decides certain factual issues about writings (existence, originality, accuracy) under Rule 104(b).

Rule 1101 – Applicability of Rules

Lists courts, proceedings, and exceptions governing FRE application and privileges.

Rule 1102 – Amendments

FRE may be amended per 28 U.S.C. § 2072.

Rule 1103 – Title

Provides the official citation name: Federal Rules of Evidence.