Table of Contents
Foreword 2
About the Legal Information Institute 3
Keep This E-book Free: Donate 3
About CALI eLangdell Press 4
Copyright and Disclaimer Notices 5
Federal Rules of Evidence 6
ARTICLE I. GENERAL PROVISIONS 7
Rule 101. Scope; Definitions 7
Rule 102. Purpose 9
Rule 103. Rulings on Evidence 9
Rule 104. Preliminary Questions 14
Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes 17
Rule 106. Remainder of or Related Writings or Recorded Statements 18
ARTICLE II. JUDICIAL NOTICE 20
Rule 201. Judicial Notice of Adjudicative Facts 20
ARTICLE III. PRESUMPTIONS IN CIVIL CASES 26
Rule 301. Presumptions in Civil Cases Generally 26
Rule 302. Applying State Law to Presumptions in Civil Cases 30
ARTICLE IV. RELEVANCE AND ITS LIMITS 32
Rule 401. Test for Relevant Evidence 32
Rule 402. General Admissibility of Relevant Evidence 33
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons 35
Rule 404. Character Evidence; Crimes or Other Acts 36
Rule 405. Methods of Proving Character 42
Rule 406. Habit; Routine Practice 44
Rule 407. Subsequent Remedial Measures 46
Rule 408. Compromise Offers and Negotiations 48
Rule 409. Offers to Pay Medical and Similar Expenses 53
Rule 410. Pleas, Plea Discussions, and Related Statements 54
Rule 411. Liability Insurance 57
Rule 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition 58
Rule 413. Similar Crimes in Sexual-Assault Cases 63
Rule 414. Similar Crimes in Child Molestation Cases 65
Rule 415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation 66
ARTICLE V. PRIVILEGES 67
Rule 501. Privilege in General 67
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver 70
ARTICLE VI. WITNESSES 77
Rule 601. Competency to Testify in General 77
Rule 602. Need for Personal Knowledge 78
Rule 603. Oath or Affirmation to Testify Truthfully 79
Rule 604. Interpreter 80
Rule 605. Judge’s Competency as a Witness 81
Rule 606. Juror’s Competency as a Witness 81
Rule 607. Who May Impeach a Witness 86
Rule 608. A Witness’s Character for Truthfulness or Untruthfulness 87
Rule 609. Impeachment by Evidence of a Criminal Conviction 91
Rule 610. Religious Beliefs or Opinions 101
Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence 102
Rule 612. Writing Used to Refresh a Witness’s Memory 106
Rule 613. Witness’s Prior Statement 108
Rule 614. Court’s Calling or Examining a Witness 110
Rule 615. Excluding Witnesses 110
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 113
Rule 701. Opinion Testimony by Lay Witnesses 113
Rule 702. Testimony by Expert Witnesses 115
Rule 703. Bases of an Expert’s Opinion Testimony 122
Rule 704. Opinion on an Ultimate Issue 125
Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion 126
Rule 706. Court-Appointed Expert Witnesses 128
ARTICLE VIII. HEARSAY 131
Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay 134
Rule 802. The Rule Against Hearsay 144
Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness (effective December 1, 2013) 145
Rule 804. Hearsay Exceptions; Declarant Unavailable 169
Rule 805. Hearsay Within Hearsay 181
Rule 806. Attacking and Supporting the Declarant’s Credibility 182
Rule 807. Residual Exception 184
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 186
Rule 901. Authenticating or Identifying Evidence 186
Rule 902. Evidence That Is Self-Authenticating 190
Rule 903. Subscribing Witness’s Testimony 194
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 196
Rule 1001. Definitions That Apply to This Article 196
Rule 1002. Requirement of the Original 197
Rule 1003. Admissibility of Duplicates 198
Rule 1004. Admissibility of Other Evidence of Content 199
Rule 1005. Copies of Public Records to Prove Content 201
Rule 1006. Summaries to Prove Content 201
Rule 1007. Testimony or Statement of a Party to Prove Content 202
Rule 1008. Functions of the Court and Jury 203
ARTICLE XI. MISCELLANEOUS RULES 205
Rule 1101. Applicability of the Rules 205
Rule 1102. Amendments 212
Rule 1103. Title 212
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Copyright and Disclaimer Notices
This publication contains the Federal Rules of Evidence as amended to December 1, 2014. These materials have been compiled by the Legal Information Institute at the Cornell Law School (LII) and published by the Center for Computer-Assisted Legal Information (CALI). This material does not contain, nor is it intended to be, legal advice. Users seeking legal advice should consult with a licensed attorney in their jurisdiction. The editors have endeavored to provide complete and accurate information in this book. However, neither LII nor CALI warrant that the information provided is complete and accurate. Both disclaim all liability to any person for any loss caused by errors or omissions in this collection of information.
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Federal Rules of Evidence
(As amended to December 1, 2014) Effective Date and Application of Rules Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1926, provided: “That the following rules shall take effect on the one hundred and eightieth day [July 1, 1975] beginning after the date of the enactment of this Act [Jan. 2, 1975]. These rules apply to actions, cases, and proceedings brought after the rules take effect. These rules also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary principles apply.”
Historical Note
The Federal Rules of Evidence were adopted by order of the Supreme Court on Nov. 20, 1972, transmitted to Congress by the Chief Justice on Feb. 5, 1973, and to have become effective on July 1, 1973. Pub. L. 93–12, Mar. 30, 1973, 87 Stat. 9, provided that the proposed rules “shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by Act of Congress”. Pub. L. 93–595, Jan. 2, 1975, 88 Stat. 1926, enacted the Federal Rules of Evidence proposed by the Supreme Court, with amendments made by Congress, to take effect on July 1, 1975.
The Rules have been amended Oct. 16, 1975, Pub. L. 94–113, §1, 89 Stat. 576, eff. Oct. 31, 1975; Dec. 12, 1975, Pub. L. 94–149, §1, 89 Stat. 805; Oct. 28, 1978, Pub. L. 95–540, §2, 92 Stat. 2046; Nov. 6, 1978, Pub. L. 95–598, title II, §251, 92 Stat. 2673, eff. Oct. 1, 1979; Apr. 30, 1979, eff. Dec. 1, 1980; Apr. 2, 1982, Pub. L. 97–164, title I, §142, title IV, §402, 96 Stat. 45, 57, eff. Oct. 1, 1982; Oct. 12, 1984, Pub. L. 98–473, title IV, §406, 98 Stat. 2067; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Nov. 18, 1988, Pub. L. 100–690, title VII, §§7046, 7075, 102 Stat. 4400, 4405; Jan. 26, 1990, eff. Dec. 1, 1990; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Sept. 13, 1994, Pub. L. 103–322, title IV, §40141, title XXXII, §320935, 108 Stat. 1918, 2135; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 17, 2000, eff. Dec. 1, 2000; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 12, 2006, eff. Dec. 1, 2006; Sept. 19, 2008, Pub. L. 110–322, §1(a), 122 Stat. 3537; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 25, 2014, eff. Dec. 1, 2014.
ARTICLE I. GENERAL PROVISIONS
Rule 101. Scope; Definitions
(a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101.
(b) Definitions. In these rules:
(1) “civil case” means a civil action or proceeding;
(2) “criminal case” includes a criminal proceeding;
(3) “public office” includes a public agency;
(4) “record” includes a memorandum, report, or data compilation;
(5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and
(6) a reference to any kind of written material or any other medium includes electronically stored information.
Notes
(Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1929; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 26, 2011, eff. Dec. 1, 2011.)
Notes of Advisory Committee on Proposed Rules
Rule 1101 specifies in detail the courts, proceedings, questions, and stages of proceedings to which the rules apply in whole or in part.
Notes of Advisory Committee on Rules—1987 Amendment
United States bankruptcy judges are added to conform this rule with Rule 1101(b) and Bankruptcy Rule 9017.
Notes of Advisory Committee on Rules—1988 Amendment
The amendment is technical. No substantive change is intended.
Notes of Advisory Committee on Rules—1993 Amendment
This revision is made to conform the rule to changes made by the Judicial Improvements Act of 1990.
Committee Notes on Rules—2000 Amendment
The language of Rule 101 has been amended, and definitions have been added, as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.