Evidence Rules 101-501

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RULE 101. Scope of Rules: Applicability

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RULE 101. Scope of Rules: Applicability; Privileges; Exceptions (A) Applicability. These rules govern proceedings in the courts of this state, subject to the exceptions stated in division (C) of this rule.

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RULE 101(B) Privileges

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RULE 101(B) Privileges. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings conducted under these rules.

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RULE 101(C) Exceptions

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(1) Admissibility determinations. Determinations prerequisite to rulings on the admissibility of evidence when the issue is to be determined by the court under Evid.R. 104. (2) Grand jury. Proceedings before grand juries. (3) Miscellaneous criminal proceedings. Proceedings for extradition or rendition of fugitives; sentencing; granting or revoking probation; proceedings with respect to community control sanctions; issuance of warrants for arrest, criminal summonses and search warrants; and proceedings with respect to release on bail or otherwise. (4) Contempt. Contempt proceedings in which the court may act summarily. (5) Arbitration. Proceedings for those mandatory arbitrations of civil cases authorized by the rules of superintendence and governed by local rules of court. (6) Other rules. Proceedings in which other rules prescribed by the Supreme Court govern matters relating to evidence. (7) Special non-adversary statutory proceedings. Special statutory proceedings of a non-adversary nature in which these rules would by their nature be clearly inapplicable. (8) Small claims division. Proceedings in the small claims division of a county or municipal court.

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Rule 102 Purpose and construction; supplementary principles

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Rule 102 The purpose of these rules is to provide procedures for the adjudication of causes to the end that the truth may be ascertained and proceedings justly determined. The principles of the common law of Ohio shall supplement the provisions of these rules, and the rules shall be construed to state the principles of the common law of Ohio unless the rule clearly indicates that a change is intended. These rules shall not supersede substantive statutory provisions.

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Rule 103 (A) Rulings on evidence

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Rule 103(A) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or (2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. Offer of proof is not necessary if evidence is excluded during cross-examination.

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Rule 103 (B) Rulings on evidence

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Rule 103(B) Record of offer and ruling. At the time of making the ruling, the court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.

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Rule 103 (C) Rulings on evidence

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Rule 103(C) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

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Rule 103 (D) Rulings on evidence

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Rule 103(D) Plain error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

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Rule 104 Preliminary questions on admissibility

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Rule 104(A) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (B). In making its determination it is not bound by the rules of evidence except those with respect to privileges.

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Rule 104(B) Preliminary questions on admissibility

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Rule 104(B) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

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Rule 104(C) Preliminary questions on admissibility

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Rule 104(C) Hearing of jury. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall also be conducted out of the hearing of the jury when the interests of justice require.

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Rule 104(D) Preliminary questions on admissibility

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Rule 104(D) Testimony by accused. The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.

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Rule 104(E) Preliminary questions on admissibility

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Rule 104(E) Weight and credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

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Rule 105 Limited admissibility

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Rule 105 When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request of a party, shall restrict the evidence to its proper scope and instruct the jury accordingly.

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Rule 106 Remainder of or related writings or recorded statements

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Rule 106 When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which is otherwise admissible and which ought in fairness to be considered contemporaneously with it.

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Rule 201(A) Judicial notice of adjudicative facts

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Rule 201(A) Scope of rule. This rule governs only judicial notice of adjudicative facts; i.e., the facts of the case.

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Rule 201(B) Judicial notice of adjudicative facts

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(B) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

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Rule 201(C) Judicial notice of adjudicative facts

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(C) When discretionary. A court may take judicial notice, whether requested or not.

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Rule 201(D) Judicial notice of adjudicative facts

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(D) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information.

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Rule 201(E) Judicial notice of adjudicative facts

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(E) Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.

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Rule 201(F) Judicial notice of adjudicative facts

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(F) Time of taking notice. Judicial notice may be taken at any stage of the proceeding.

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Rule 201(G) Judicial notice of adjudicative facts

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(G) Instructing jury. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

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Rule 301 Presumptions in general in civil actions and proceedings

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Rule 301 In all civil actions and proceedings not otherwise provided for by statute enacted by the General Assembly or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of non-persuasion, which remains throughout the trial upon the party on whom it was originally cast.

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Rule 401 Definition of relevant evidence

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Rule 401 Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

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Rule 402 Relevant evidence generally admissible; irrelevant evidence inadmissible

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Rule 402 All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of the State of Ohio, by statute enacted by the General Assembly not in conflict with a rule of the Supreme Court of Ohio, by these rules, or by other rules prescribed by the Supreme Court of Ohio. Evidence which is not relevant is not admissible.

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Rule 403(A) Exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay

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Rule 403(A) Exclusion mandatory. Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.

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Rule 403 (B) Exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay

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Rule 403(B) Exclusion discretionary. Although relevant, evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay, or needless presentation of cumulative evidence.

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Rule 404(A)(3) Character evidence not admissible to prove conduct; exceptions; other crimes

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Rule 404(A)(3) Character of witness. [(A)(1) &(2) criminal only] Evidence of the character of a witness on the issue of credibility is admissible as provided in Rules 607, 608, and 609.

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Rule 404(B) Character evidence not admissible to prove conduct; exceptions; other crimes

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Rule 404(B) Other crimes, wrongs or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

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Rule 405(A) Methods of proving character - Reputation or opinion

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Rule 405(A) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.

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Rule 405(B) Methods of proving character - specific instances

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Rule 405(B) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of his conduct.

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Rule 406 Habit; routine practice

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Rule 406 Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

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Rule 407 Subsequent remedial measures

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Rule 407 When, after an injury or harm allegedly caused by an event, measures are taken which, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.

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Rule 408 Compromise and offers to compromise

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Rule 408 Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

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Rule 409 Payment of medical and similar expenses

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Rule 409 Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.

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Rule 411 Liability insurance

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Rule 411 Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership or control, if controverted, or bias or prejudice of a witness.

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RULE 501 Privileges

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Rule 501 The privilege of a witness, person, state or political subdivision thereof shall be governed by statute enacted by the General Assembly or by principles of common law as interpreted by the courts of this state in the light of reason and experience.