FEDERAL RULES OF EVIDENCE (2025)

RULE 1101

A rule in the Federal Rules of Evidence that outlines the applicability of the rules in federal courts, stating that they govern all proceedings in the United States district courts.

RULE 1101 DOES NOT APPLY TO

Grand Jury Proceedings, extradition, rendition, ossuing arrest warrant, criminal summons, search warrant

What rule from 1101 applies to ALL types of cases in ALL stages?

Rules of Priviledge

What a Judge means when they say “SUSTAINED”

evidence EXCLUDED

What a Judge means when they say “OVERRULED”

Evidence ADMITTED

RULE 103

A party may claim error in a ruling to admit/exclude ONLY if the error affects a substantial right of the party (objection rules)

RULE 103(e)

May be found by the appellate court where even though the claim was not properly preserved the error affects a substantial right and is clear &obvious.

Objection made when evidence already admitted into evidence

“Motion to Strike”

Demonstrates the substance of challenged evidence; RULE 103c may require an A&Q format

“Offer of Proof” —-”If witness were to testify they would show…”

RULE 103(a) [implied]

Harmless Error= not a substantial impact

RULE 103 (b) agree on contested evidence prior to trial

Motion in Limine

RULE 105

Limiting Instruction- judge MUST give upon request from counsel

RULE 401

Relevant evidence that makes a fact more or less probable. (a brick is not a wall)

RULE 402

General admissibility of evidence; it states that relevant evidence is admissible unless excluded by law.

RULE 403 (THE KING OF FEC)

  EXCLUDES RELEVANT EVIDENCE when:

“The UNDUE PREJUDICE or other prejudice MUST SUBSTANTIALLY OUTWIEGH the PROBATIVE VALUE of the RELEVANT EVIDENCE”

PROBATIVE VALUE >/= UNDUE PREJUDICE= ADMIT

undue tendency to suggest a decision

Undue Prejudice

RULE 407

SUBSQ. REMEDIAL MEASURES

Only AFTER injury occurs, D takes measures that would have made an earlier injury or harm less likely to court, evidence of subsequent measure cannot be used as evidence

E.g. P injured because of broken fence, D repairs fence soon after injury= NOT ADMISSIBLE

RULE 407 EXCEPTION

Showing CONTROL, OWNERSHIP OR FEASIBILITY

e.g. when D claims no other way to improve fence but when D fixes fence it was improved

RULE 408

CIVIL SETTLEMENTS

MUST have a DISPUTED CLAIM before any settlement discussions occurred, and statements made during these negotiations are generally inadmissible in court.

Applies to ALL types of negotiations inside and out

RULE 409

OFFER TO PAY MEDICAL AND SIMILAR EXPENSES

Furnishing, promising, or offering to pay medical expenses is not admissible to prove liability

RULE 410 (waivable)

Evidence of pleas NOT  admissible in civil or criminal cases against a DEFENDANT who made the plea or participated in discussion

Guilty plea withdrawals, Nolo Contendre pleas, statements made during plea discussions or proceedings.

Plea Bargaining elements

D must have actual BELIEF that they were in negotiations and the expectation must be reasonable under all circumstances

Exceptions 410 Plea bargaining (2)

Court can allow statement if it is fair to complet a narrative

Criminal proceeding of perjury

RULE 411

LIABILITY INSURANCE

Not home/health/ life insurance… rather car insurance

ADMISSIBLE EVIDENCE UNDER R411 (2)

Liability insurance may be admitted to show

BIAS or PREJUDICE

PROVING AGENCY, OWNERSHIP, or CONTROL

RULE 601

WITNESS COMPETENCY (COMP)

Communication: testimonial capacity/narration to compute a question and produce a response

RULE 603

OATH- does not have to be religious but must impress the duty

RULE 604

Interpreter’s Competence to give an oath to make a true translation

The “M” in COMP

MEMORY: low bar to determine competent (an addict still has an adequate memory)

Rule 602

PERCEPTION: unless expert, any fact witnes MUST have personal knowledge of the matter through testimony

Questions on Direct: RULE 611(c)

CANNOT BE LEADING, witness must prove narrative with their story

Questions on Cross: (RULE 611(b)

Leading questions are allowed but must pertain to what was said on direct

Rule 614

Judge’s witnesses: judge can call witnesses, Objections must be made IMMEDIATELY

RULE 615

Judge can exclude witnesses from the trial but CANNOT exclude: a natural person, officer/employee of a party designated as a party representative, anyone who’s presence is essential, and anyone else authorized

“can use anything even a plate of fettuccine”

Refreshing Witness’s memory- must show opposing counsel, NOT a way to admit into evidence

How many methods to Impeach a witness

5 (DBCPT)

Impeachment: Extrinsic Evidence Admissible

Defect Perception of Memory/ Bias, Prejudice, or Interest

Impeachment: Extrinsic Evidence Allowed if not Collateral

Contradiction of Testimony/ Prior inconsistent Statement

 irrelevant to case/does not prove a fact of consequence to the case

Collateral

RULE 613

Prior inconsistent statement: on CX may surprise witness but MUST show opposing counsel before admitting

RULE 608

EE NOT admissible, questions probative of TRUTHFULNESS allowed and must be questioning an ACT

Rule 609

Criminal Convictions

RULE 609 (A) (part1)

Crimes of DISHONESTY MUST be allowed to be admitted

Examples of Dishonest crimes admissible in evidence

Perjury, Fraud, Embezzlement

RULE 609 (A) (part2)

IF CRIMINAL D: Evidence of felony must be admitted if probative value > prejudicial effect

RULE 609(B)

Convictions > 10yrs passing from convictions OR released from confinement (whichever is later) — probative value MUST substantially outweigh prejudicial effect

RULE 609(D)

Juvenile Convictions: admissible like an adult convictions for ANYONE who is not in a CIVIL case or a CRIMINAL D whenit is necessary to determine guilt/innocence

RULE 609 (C)

PARDONS: inadmissible if finding based on ACTUAL innocnece… ALLOWED if finding based on rehab

When can Witness 2 defend Witness 1 credibility for TRUTHFULNESS

AFTER AFTER AFTER, witness 1 credibility for TRUTHFULNESS attacked by CX, 608/609 standard applies to witness 2

RULE 610

Religious Beliefs/opinions INADMISSABLE (good or bad) unless relevant to case (e.g, showing motive, intent, etc.)

How Many Types of Character Evidence

4

RULE 405

Character Evidence as an ESSENTIAL ELEMENT for a charged claim, EE ALLOWED

RULE 405 FORM

Opinion, Reputation and Specific “Bad” acts allowed as proof of character trait

RULE 405 examples

Defamation(libel/slander), Negligent Entrustment, Child Custody, Entrapment

RULE 404(a)(1-2)

PROPENSITY RULE AND EXCEPTION (EE GENERALLY NOT ALLOWED)

RULE 404 (a) (2) (A)“mercy Rule”

Exception to Propensity rule—- Criminal D can offer propensity evidence of their OWN trait

RULE 405(a) LIMITS TO 404

Criminal D can ONLY present evidence in form of opinion OR reputation (NO SPECIFIC EXAMPLES)

RULE 404(a)(2)(B)

Criminal D may present propensity evidence of Victim’s character trait (subject to 412 limitations)

When Can A Prosecutor bring propensity evidence?

AFTER D has opened the door to allow propensity evidence or when the case is dealing with a HOMICIDE where the prosecution can intro propensity evidence in its case-in-chief

What can Prosecution do after D has introduced evidence about the VICTIM (Rule 404(a)(2)(B)

Prosecution can bring in its own propensity evidence to rebut the Criminal’s D’s evidence AND claim that D actually has the character trait D claimed the victim had

Does 404 allow Extrinsic Evidence?

NO.. neither P or D can bring EE