Federal Rules of Evidence

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