Evidence Rules

Evidence (Fall - 2026) - Jolly

Rule 104(b) Preliminary Questions - Relevance That Depends on Fact

When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

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

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

Rule 606(b) Juror's Competency as a Witness - During an Inquiry into the Validity of a Verdict or Indictment

(1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify about any statement made or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment. The court may not receive a juror’s affidavit or evidence of a juror’s statement on these matters.

Rule 606(b)(2) Exceptions

(2) Exceptions. A juror may testify about whether:

      a. extraneous prejudicial information was improperly brought to the jury’s attention;

      b. an outside influence was improperly brought to bear on any juror; or

      c. a mistake was made in entering the verdict on the verdict form.

Rule 105 Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes

If the court admits evidence that is admissible against a party or for a purpose — but not against another party or for another purpose — the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

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 102 Purpose

These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.

Rule 402 General Admissability of Relevant Evidence

Relevant evidence is admissible 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 admissible.