NITA Publications

Federal Rules of Evidence

This handy guide compiles the Federal Rules of Evidence for U.S. Courts and Magistrates, as amended through December 1, 2011. The small-format packaging is designed so you can easily tuck the book into a pocket or briefcase. The spiral binding allows you to place the book flat on a desk or table, so you can quickly reference pages without damaging the spine.

• >> TABLE OF CONTENTS
  Contents
  
  ARTICLE I -- General Provisions
  Rule 101 -- Scope
  (a) Scope
  (b) Definitions
  Rule 102 -- Purpose
  Rule 103 -- Rulings on Evidence
  (a) Preserving a Claim of Error
  (b) Not Needing to Renew an Objection or Offer of Proof
  (c) Court's Statement About the Ruling; Directing an Offer of Proof
  (d) Preventing the Jury from Hearing Inadmissible Evidence
  (e) Taking Notice of Plain error
  Rule 104 -- Preliminary Questions
  (a) In General
  (b) Relevance That Depends on a Fact
  (c) Conducting a Hearing So That the Jury Cannot Hear It
  (d) Cross-Examining a Defendant in a Criminal Case
  (e) Evidence Relevant to Weight and Credibility
  Rule 105 -- Limited Evidence That is Not Admissible Against Other Parties or for Other Purposes
  Rule 106 -- Remainder of or Related Writings or Recorded Statements
  
  ARTICLE II -- Judicial Notice
  Rule 201 -- Judicial Notice of Adjudicative Facts
  (a) Scope
  (b) Kinds of Facts That May Be Judicially Noticed
  (c) Taking Notice
  (d) Timing
  (e) Opportunity to Be Heard
  (f) Instructing the Jury
  
  ARTICLE III -- Presumptions in Civil Cases
  Rule 301 -- Presumptions in Civil Cases Generally
  Rule 302 -- Applying State Law to Presumptions in Civil Cases
  
  ARTICLE IV -- Relevancy and Its Limits
  Rule 401 -- Test for Relevant Evidence
  Rule 402 -- General Admissibility of Relevant Evidence
  Rule 403 -- Excluding Relevant Evidence on for Prejudice, Confusion, Waste of Time, or Other Reasons
  Rule 404 -- Character Evidence; Crimes or Other Acts
  (a) Character Evidence
  (1) Prohibited Uses
  (2) Exceptions for a Defendant or Victim in a Criminal Case
  (3) Exceptions for a Witness
  (b) Crimes, Wrongs, or Other Acts
  (1) Prohibited Uses
  (2) Permitted Uses; Notice in a Criminal Case
  Rule 405 -- Methods of Proving Character
  (a) By Reputation or Opinion
  (b) By Specific Instances of Conduct
  Rule 406 -- Habit; Routine Practice
  Rule 407 -- Subsequent Remedial Measures
  Rule 408 -- Compromise Offers and Negotiations
  (a) Prohibited uses
  (b) Exceptions
  Rule 409 -- Offers to Pay Medical and Similar Expenses
  Rule 410 -- Pleas, Plea Discussions, and Related Statements
  Rule 411 -- Liability Insurance
  Rule 412 -- Sex Offense Cases: The Victim's Sexual Behavior or Predisposition
  (a) Prohibited Uses
  (b) Exceptions
  (1) Criminal Cases
  (2) Civil Cases
  (c) Procedure to Determine Admissibility
  (1) Motion
  (2) Hearing
  (d) Definition of "Victim"
  Rule 413 -- Similar Crimes in Sexual Assault Cases
  (a) Permitted Uses
  (b) Disclosure to the Defendant
  (c) Effect on Other Rules
  (d) Definition of "Sexual Assault"
  Rule 414 -- Similar Crimes in Child Molestation Cases
  (a) Permitted Uses
  (b) Disclosure to the Defendant
  (c) Effect on Other Rules
  (d) Definition of "Child" and "Child Molestation"
  Rule 415 -- Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
  (a) Permitted Uses
  (b) Disclosure to the Opponent
  (c) Effect on Other Rules
  
  ARTICLE V -- Privileges
  Rule 501 -- Privileges in General
  Rule 502 -- Attorney-Client Privilege and Work Product; Limitations on Waiver
  (a) Disclosure Made in a Federal Proceeding or to a Federal Office or Agency; Scope of a Waiver
  (b) Inadvertent disclosure
  (c) Disclosure Made in a State Proceeding
  (d) Controlling Effect of a Court Order
  (e) Controlling Effect of a Party Agreement
  (f) Controlling Effect of this Rule
  (g) Definitions
  
  ARTICLE VI -- Witnesses
  Rule 601 -- Competency to Testify in General
  Rule 602 -- Need for Personal Knowledge
  Rule 603 -- Oath or Affirmation to Testify Truthfully
  Rule 604 -- Interpreter
  Rule 605 -- Judge's Competency as a Witness
  Rule 606 -- Juror's Competency as a Witness
  (a) At the trial
  (b) Inquiry into the validity of a Verdict or Indictment
  (1) Prohibited Testimony or Other Evidence
  (2) Exceptions
  Rule 607 -- Who May Impeach a Witness
  Rule 608 -- A Witness's Character for Truthfulness or Untruthfulness
  (a) Reputation or Opinion Evidence
  (b) Specific Instances of Conduct
  Rule 609 -- Impeachment by Evidence of Criminal Conviction
  (a) In General
  (b) Limit on Using the Evidence After 10 Years
  (c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation
  (d) Juvenile Adjudications
  (e) Pendency of an Appeal
  Rule 610 -- Religious Beliefs or Opinions
  Rule 611 -- Mode and Order of Examining Witnesses and Presenting Evidence
  (a) Control by the Court; Purposes
  (b) Scope of Cross-Examination
  (c) Leading Questions
  Rule 612 -- Writing Used to Refresh a Witness's Memory
  (a) Scope
  (b) Adverse Party's Options; Deleting Unrelated Matter
  (c) Failure to Produce or Deliver the Writing
  Rule 613 -- Witness's Prior Statements of
  (a) Showing or Disclosing the Statement During Examination
  (b) Extrinsic Evidence of a Prior Inconsistent Statement
  Rule 614 -- Court's Calling or Examining a Witness
  (a) Calling
  (b) Examining
  (c) Objections
  Rule 615 -- Excluding Witnesses
  
  ARTICLE VII -- Opinions and Expert Testimony
  Rule 701 -- Opinion Testimony by Lay Witnesses
  Rule 702 -- Testimony by Expert Witnesses
  Rule 703 -- Bases of an Expert's Opinion Testimony
  Rule 704 -- Opinion on an Ultimate Issue
  (a) In General--Not Automatically Objectionable
  (b) Exception
  Rule 705 -- Disclosing the Facts or Data Underlying an Expert's Opinion
  Rule 706 -- Court-Appointed Expert Witnesses
  (a) Appointment Process
  (b) Expert's Role
  (c) Compensation
  (c) Disclosing the Appointment to the Jury
  (d) Parties' Choice of Their Own Experts
  
  ARTICLE VIII -- Hearsay
  Rule 801 -- Definitions That Apply to This Article; Exclusions from Hearsay
  (a) Statement
  (b) Declarant
  (c) Hearsay
  (d) Statements That Are Not Hearsay
  (1) A Declarant-Witness's Prior Statement
  (2) An Opposing Party's Statement
  Rule 802 -- The Rule Against Hearsay
  Rule 803 -- Exceptions to the Rule Against Hearsay--Regardless of Whether the Declarant is Available as a Witness
  (1) Present Sense Impression
  (2) Excited Utterance
  (3) Then-Existing Mental, Emotional, or Physical Condition
  (4) Statements Made for Medical Diagnosis or Treatment
  (5) Recorded Recollection
  (6) Records of a Regularly Conducted Activity
  (7) Absence of a Record of a Regularly Conducted Activity
  (8) Public Records
  (9) Public Records of Vital Statistics
  (10) Absence of a Public Record
  (11) Records of Religious Organizations Concerning Personal or Family History
  (12) Certificates of Marriage, Baptism, and Similar Ceremonies
  (13) Family Records
  (14) Records of Documents That Affect an Interest in Property
  (15) Statements in Documents That Affect an Interest in Property
  (16) Statements in Ancient Documents
  (17) Market Reports and Similar Commercial Publications
  (18) Statements in Learned treatises, Periodicals, or Pamphlets
  (19) Reputation Concerning Personal or Family History
  (20) Reputation Concerning Boundaries or General History
  (21) Reputation Concerning Character
  (22) Judgment of a Previous Conviction
  (23) Judgments Involving Personal, Family or General History, or a Boundary
  Rule 804 -- Exceptions to the Rule Against Hearsay--When the Declarant is Unavailable as a Witness
  (a) Criteria for Being Unavailable
  (b) The Exceptions
  (1) Former Testimony
  (2) Statement Under the Belief of Imminent Death
  (3) Statement Against Interest
  (4) Statement of Personal or Family History
  (5) [Other Exceptions]
  (6) Statement Offered Against a Party That Wrongfully Caused the Declarant's Unavailability
  Rule 805 -- Hearsay Within Hearsay
  Rule 806 -- Attacking and Supporting the Declarant's Credibility
  Rule 807 -- Residual Exception
  (a) In General
  (b) Notice
  
  ARTICLE IX -- Authentication and Identification
  Rule 901 -- Authenticating or Identifying Evidence
  (a) In General
  (b) Examples
  (1) Testimony of a Witness with Knowledge
  (2) Nonexpert Opinion About Handwriting
  (3) Comparison by an Expert Witness or the Trier of Fact
  (4) Distinctive Characteristics and the Like
  (5) Opinion About a Voice
  (6) Evidence About a Telephone Conversation
  (7) Evidence About Public Records
  (8) Evidence About Ancient Documents or Data Compilations
  (9) Evidence About a Process or System
  (10) Methods Provided by Statute or Rule
  Rule 902 -- Evidence That is Self-Authenticating
  (1) Domestic Public Documents That Are Sealed and Signed
  (2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified
  (3) Foreign Public Documents
  (4) Certified Copies of Public Records
  (5) Official Publications
  (6) Newspapers and Periodicals
  (7) Trade Inscriptions and the Like
  (8) Acknowledged Documents
  (9) Commercial Paper and Related Documents
  (10) Presumptions Under a Federal Statute
  (11) Certified Domestic Records of a Regularly Conducted Activity
  (12) Certified Foreign Records of a Regularly Conducted Activity
  Rule 903 -- Subscribing Witness's Testimony
  
  ARTICLE X -- Contents of Writings, Recordings, and Photographs
  Rule 1001 -- Definitions That Apply to This Article
  Rule 1002 -- Requirement of the Original
  Rule 1003 -- Admissibility of Duplicates
  Rule 1004 -- Admissibility of Other Evidence of Content
  Rule 1005 -- Copies of Public Records to Prove Content
  Rule 1006 -- Summaries to Prove Content
  Rule 1007 -- Testimony or Statement of a Party to Prove Content
  Rule 1008 -- Functions of the Court and Jury
  
  ARTICLE XI -- Miscellaneous Rules
  Rule 1101 -- Applicability of the Rules
  (a) To Courts and Judges
  (b) To Cases and Proceedings
  (c) Rules on Privilege
  (d) Exceptions
  (e) Other Statutes and Rules
  Rule 1102 -- Amendments
  Rule 1103 -- Title