Federal Rules Of Evidence

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Rule 614. Court's Calling or Examining a Witnesses (1)

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(a) Calling. The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
(b) Examination. The court may examine witnesses regardless of who calls the witness.
(c) Objections. Aparty may object to the court’s calling or examining a witness either at thattime or at the next opportunity when the jury is not present.

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Rule 104. Preliminary Questions (1)

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(a) In General. The court must decide anypreliminary question about whether a witness is qualified, a privilege exists,or evidence is admissible. In so deciding, the court is not bound by evidencerules, except those on privilege.

(b) Relevance That Depends on aFact. When the relevance of evidence depends on whether a fact exists,proof must be introduced sufficient to support a finding that the fact doesexist. The court may admit the proposed evidence on the condition that theproof be introduced later.

(c) Conducting a Hearing So That the Jury Cannot Hear It. Thecourt must conduct any hearing on a preliminary question so that the jurycannot hear it if:

(1) the hearinginvolves the admissibility of a confession;

(2) a defendant in acriminal case is a witness and so requests; or

(3) justice sorequires.

(d) Cross-Examining a Defendant in a CriminalCase. By testifying on a preliminary question, a defendant in acriminal case does not become subject to cross-examination on other issues inthe case.

(e) Evidence Relevant to Weight andCredibility. This rule does not limit a party’s right to introducebefore the jury evidence that is relevant to the weight or credibility of otherevidence.

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Rule 103. Rulingson Evidence (1)

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(a) Preserving a Claim of Error. A party mayclaim error in a ruling to admit or exclude evidence only if the error affectsa substantial right of the party and:

(1) if the rulingadmits evidence, a party, on the record:

(A) timelyobjects or moves to strike; and (B) statesthe specific ground, unless it was apparent from the context; or

(2) if the rulingexcludes evidence, a party informs the court of its substance by an offer ofproof, unless the substance was apparent from the context.

(b) Not Needing to Renew an Objection or Offer of Proof. Oncethe court rules definitively on the record — either before or at trial — aparty need not renew an objection or offer of proof to preserve a claim oferror for appeal.

(c) Court’s Statement About the Ruling; Directing anOffer of Proof. The court may make any statement about the characteror form of the evidence, the objection made, and the ruling. The court maydirect that an offer of proof be made in question-and-answer form.

(d) Preventing the Jury from Hearing InadmissibleEvidence. To the extent practicable, the court must conduct a jurytrial so that inadmissible evidence is not suggested to the jury by any means.

(e) Taking Notice of Plain Error. A court maytake notice of a plain error affecting a substantial right, even if the claimof error was not properly preserved.

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Rule 105. LimitingEvidence That Is Not Admissible Against Other Parties or for Other Purposes (1)

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

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Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence (7)

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(a) Control by the Court; Purposes. The courtshould exercise reasonable control over the mode and order of examiningwitnesses and presenting evidence so as to:

(1) make thoseprocedures effective for determining the truth;

(2) avoid wasting time;and

(3) protect witnessesfrom harassment or undue embarrassment.

(b) Scope of Cross-Examination. Cross-examinationshould not go beyond the subject matter of the direct examination and mattersaffecting the witness’s credibility. The court may allow inquiry intoadditional matters as if on direct examination.

(c) Leading Questions. Leading questions shouldnot be used on direct examination except as necessary to develop the witness’stestimony. Ordinarily, the court should allow leading questions:

(1) oncross-examination; and

(2) when a party callsa hostile witness, an adverse party, or a witness identified with an adverseparty.

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Rule 401. Test for Relevant Evidence (7)

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Evidence is relevant if:

(a) it has any tendency to make a fact more orless probable than it would be without the evidence; and

(b) the fact is of consequence in determiningthe action.

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Rule 402. General Admissibility of Relevant Evidence (7)

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Relevant evidence is admissible unless any of the followingprovides otherwise:

*the United States Constitution;

*a federal statute;

*these rules; or

*other rules prescribed by the Supreme Court.

Irrelevant evidence is not admissible.

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Rule 403. Excluding Relevant Evidence for Prejudice,Confusion, Waste of Time, or Other Reasons (7)

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The court may exclude relevant evidence if its probativevalue 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.

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Rule 411. Liability Insurance (7)

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Evidence that a person was or was not insured againstliability is not admissible to prove whether the person acted negligently orotherwise wrongfully. But the court may admit this evidence for anotherpurpose, such as proving a witness’s bias or prejudice or proving agency,ownership, or control.

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Rule 404(a). Character Evidence; Crimes or Other Acts (8)

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(a) Character Evidence.

(1) ProhibitedUses. Evidence of a person’s character or character trait is notadmissible to prove that on a particular occasion the person acted inaccordance with the character or trait.

(2) Exceptionsfor a Defendant or Victim in a Criminal Case. The followingexceptions apply in a criminal case:

(A) a defendant mayoffer evidence of the defendant’s pertinent trait, and if the evidence isadmitted, the prosecutor may offer evidence to rebut it;

(B) subject to thelimitations in Rule412, a defendant may offer evidence of an alleged victim’s pertinent trait,and if the evidence is admitted, the prosecutor may:

(i) offerevidence to rebut it; and

(ii) offerevidence of the defendant’s same trait; and

(C) in a homicidecase, the prosecutor may offer evidence of the alleged victim’s trait ofpeacefulness to rebut evidence that the victim was the first aggressor.

(3) Exceptionsfor a Witness. Evidence of a witness’s character may be admittedunder Rules 607, 608, and 609.

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Rule 405(a). Methods of Proving Character (8)

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(a) By Reputation or opinion.

Whenevidence of a person’s character or character trait is admissible, it may beproved by testimony about the person’s reputation or by testimony in the formof an opinion. On cross-examination of the character witness, the court mayallow an inquiry into relevant specific instances of the person’s conduct.

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Rule 405(b). Methods of Proving Character (8)

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(b) By Specific instances of conduct.

When a person’s character or character trait is an essentialelement of a charge, claim, or defense, the character or trait may also beproved by relevant specific instances of the person’s conduct.

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Rule 406. Habit; Routine Practice (8)

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Evidence of a person’s habit or an organization’s routinepractice may be admitted to prove that on a particular occasion the person ororganization acted in accordance with the habit or routine practice. The courtmay admit this evidence regardless of whether it is corroborated or whetherthere was an eyewitness.

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Rule 412.Sex-Offense Cases: The Victim (8)

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(a) Prohibited Uses. The following evidence isnot admissible in a civil or criminal proceeding involving alleged sexualmisconduct:

(1) evidence offered toprove that a victim engaged in other sexual behavior; or

(2) evidence offered toprove a victim’s sexual predisposition.

(b) Exceptions.

(1) CriminalCases. The court may admit the following evidence in a criminalcase:

(A) evidence ofspecific instances of a victim’s sexual behavior, if offered to prove thatsomeone other than the defendant was the source of semen, injury, or otherphysical evidence;

(B) evidence ofspecific instances of a victim’s sexual behavior with respect to the personaccused of the sexual misconduct, if offered by the defendant to prove consentor if offered by the prosecutor; and

(C) evidencewhose exclusion would violate the defendant’s constitutional rights.

(2) Civil Cases. Ina civil case, the court may admit evidence offered to prove a victim’s sexualbehavior or sexual predisposition if its probative value substantiallyoutweighs the danger of harm to any victim and of unfair prejudice to anyparty. The court may admit evidence of a victim’s reputation only if the victimhas placed it in controversy.

(c) Procedure to Determine Admissibility.

(1) Motion. Ifa party intends to offer evidence under Rule 412(b),the party must:

(A) file a motion thatspecifically describes the evidence and states the purpose for which it is tobe offered;

(B) doso at least 14 days before trial unless the court, for good cause, sets adifferent time;

(C) servethe motion on all parties; and

(D) notifythe victim or, when appropriate, the victim’s guardian or representative.

(2) Hearing. Beforeadmitting evidence under this rule, the court must conduct an in camera hearingand give the victim and parties a right to attend and be heard. Unless the courtorders otherwise, the motion, related materials, and the record of the hearingmust be and remain sealed.

(d) Definition of “Victim.” In this rule,“victim” includes an alleged victim.

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Rule 413. SimilarCrimes in Sexual-Assault Cases (8)

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(a) Permitted Uses. In a criminalcase in which a defendant is accused of a sexual assault, the court may admitevidence that the defendant committed any other sexual assault. The evidencemay be considered on any matter to which it is relevant.

(b) Disclosure to the Defendant. If theprosecutor intends to offer this evidence, the prosecutor must disclose it tothe defendant, including witnesses’ statements or a summary of the expectedtestimony. The prosecutor must do so at least 15 days before trial or at alater time that the court allows for good cause.

(c) Effect on Other Rules. This rule does notlimit the admission or consideration of evidence under any other rule.

(d) Definition of “Sexual Assault.” In this ruleand Rule 415,“sexual assault” means a crime under federal law or under state law (as “state”is defined in 18U.S.C. § 513) involving:

(1) any conductprohibited by 18 U.S.C. chapter 109A;

(2) contact, withoutconsent, between any part of the defendant’s body — or an object — and anotherperson’s genitals or anus;

(3) contact, withoutconsent, between the defendant’s genitals or anus and any part of anotherperson’s body;

(4) deriving sexualpleasure or gratification from inflicting death, bodily injury, or physicalpain on another person; or

(5) an attempt orconspiracy to engage in conduct described in subparagraphs (1)–(4).

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Rule 414. SimilarCrimes in Child Molestation Cases (8)

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(a) Permitted Uses. In a criminal case in whicha defendant is accused of child molestation, the court may admit evidence thatthe defendant committed any other child molestation. The evidence may be consideredon any matter to which it is relevant.

(b) Disclosure to the Defendant. If theprosecutor intends to offer this evidence, the prosecutor must disclose it tothe defendant, including witnesses’ statements or a summary of the expectedtestimony. The prosecutor must do so at least 15 days before trial or at alater time that the court allows for good cause.

(c) Effect on Other Rules. This rule does notlimit the admission or consideration of evidence under any other rule.

(d) Definition of “Child” and “Child Molestation.” Inthis rule and Rule 415:

(1) “child” means aperson below the age of 14; and

(2) “child molestation”means a crime under federal law or under state law (as “state” is definedin 18U.S.C. § 513) involving:

(A) anyconduct prohibited by 18 U.S.C. chapter 109A and committed with a child;

(B) anyconduct prohibited by 18 U.S.C. chapter 110;

(C) contactbetween any part of the defendant’s body — or an object — and a child’sgenitals or anus;

(D) contactbetween the defendant’s genitals or anus and any part of a child’s body; (E) deriving sexualpleasure or gratification from inflicting death, bodily injury, or physicalpain on a child; or

(F) anattempt or conspiracy to engage in conduct described in subparagraphs (A)–(E).

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Rule415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation (8)

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(a) Permitted Uses. In acivil case involving a claim for relief based on a party’s alleged sexualassault or child molestation, the court may admit evidence that the partycommitted any other sexual assault or child molestation. The evidence may beconsidered as provided in Rules 413 and 414.

(b) Disclosure to the Opponent. Ifa party intends to offer this evidence, the party must disclose it to the partyagainst whom it will be offered, including witnesses’ statements or a summaryof the expected testimony. The party must do so at least 15 days before trialor at a later time that the court allows for good cause.

(c) Effect on Other Rules. Thisrule does not limit the admission or consideration of evidence under any otherrule.

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Rule 404(b). Character Evidence; Crimes or Other Acts (8)

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(b) Crimes, Wrongs, or Other Acts.

(1) ProhibitedUses. Evidence of a crime, wrong, or other act is not admissibleto prove a person’s character in order to show that on a particular occasionthe person acted in accordance with the character.

(2) PermittedUses; Notice in a Criminal Case. This evidence may be admissiblefor another purpose, such as proving motive, opportunity, intent, preparation,plan, knowledge, identity, absence of mistake, or lack of accident. On requestby a defendant in a criminal case, the prosecutor must:

(A) providereasonable notice of the general nature of any such evidence that theprosecutor intends to offer at trial; and (B) doso before trial — or during trial if the court, for good cause, excuses lack ofpretrial notice.

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Rule405. Methods of Proving Character (8)

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(a) By Reputation or Opinion. Whenevidence of a person’s character or character trait is admissible, it may be provedby testimony about the person’s reputation or by testimony in the form of anopinion. On cross-examination of the character witness, the court may allow aninquiry into relevant specific instances of the person’s conduct.

(b) By Specific Instances of Conduct. Whena person’s character or character trait is an essential element of a charge,claim, or defense, the character or trait may also be proved by relevantspecific instances of the person’s conduct.

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Rule 407. Subsequent Remedial Measures (8)

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When measures are taken that wouldhave made an earlier injury or harm less likely to occur, evidence of thesubsequent measures is not admissible to prove:

*negligence;

*culpable conduct;

*a defect in a product or its design; or

*a need for a warning or instruction.

But the court may admit this evidencefor another purpose, such as impeachment or — if disputed — proving ownership,control, or the feasibility of precautionary measures.

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Rule 408. CompromiseOffers and Negotiations (8)

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(a) Prohibited Uses. Evidenceof the following is not admissible — on behalf of any party — either to proveor disprove the validity or amount of a disputed claim or to impeach by a priorinconsistent statement or a contradiction:

(1) furnishing,promising, or offering — or accepting, promising to accept, or offering toaccept — a valuable consideration in compromising or attempting to compromisethe claim; and

(2) conductor a statement made during compromise negotiations about the claim — exceptwhen offered in a criminal case and when the negotiations related to a claim bya public office in the exercise of its regulatory, investigative, orenforcement authority.

(b) Exceptions. The courtmay admit this evidence for another purpose, such as proving a witness’s biasor prejudice, negating a contention of undue delay, or proving an effort toobstruct a criminal investigation or prosecution.

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Rule 409. Offers to Pay Medical and Similar Expenses (8)

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Evidence of furnishing, promising topay, or offering to pay medical, hospital, or similar expenses resulting froman injury is not admissible to prove liability for the injury.

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Rule 410. Pleas,Plea Discussions, and Related Statements (8)

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(a) Prohibited Uses. In acivil or criminal case, evidence of the following is not admissible against thedefendant who made the plea or participated in the plea discussions:

(1) aguilty plea that was later withdrawn; (2) anolo contendere plea;

(3) astatement made during a proceeding on either of those pleas under FederalRule of Criminal Procedure 11 or a comparable state procedure; or

(4) astatement made during plea discussions with an attorney for the prosecutingauthority if the discussions did not result in a guilty plea or they resultedin a later-withdrawn guilty plea.

(b) Exceptions. The courtmay admit a statement described in Rule410(a)(3) or (4):

(1) inany proceeding in which another statement made during the same plea or pleadiscussions has been introduced, if in fairness the statements ought to beconsidered together; or

(2) in acriminal proceeding for perjury or false statement, if the defendant made thestatement under oath, on the record, and with counsel present.

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Rule 201. JudicialNotice of Adjudicative Facts (9)

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(a) Scope. This rulegoverns judicial notice of an adjudicative fact only, not a legislative fact.

(b) Kinds of Facts That May BeJudicially Noticed. The court may judicially notice a fact that is notsubject to reasonable dispute because it:

(1) is generally known within the trialcourt’s territorial jurisdiction; or

(2) can be accurately and readily determinedfrom sources whose accuracy cannot reasonably be questioned.

(c) Taking Notice. Thecourt:

(1) may take judicial notice on its own; or (2) must take judicial notice if a partyrequests it and the court is supplied with the necessary information.

(d) Timing. The courtmay take judicial notice at any stage of the proceeding.

(e) Opportunity to Be Heard. Ontimely request, a party is entitled to be heard on the propriety of takingjudicial notice and the nature of the fact to be noticed. If the court takesjudicial notice before notifying a party, the party, on request, is stillentitled to be heard.

(f) Instructing the Jury. Ina civil case, the court must instruct the jury to accept the noticed fact as conclusive.In a criminal case, the court must instruct the jury that it may or may notaccept the noticed fact as conclusive.

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Rule 901(a). Authenticating or Identifying Evidence (11)

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(a) In General. Tosatisfy the requirement of authenticating or identifying an item of evidence,the proponent must produce evidence sufficient to support a finding that theitem is what the proponent claims it is.

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Rule 901(b)(1-5). Authenticating or Identifying Evidence (11)

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(b) Examples. Thefollowing are examples only — not a complete list — of evidence that satisfiesthe requirement:

(1) Testimony of a Witness withKnowledge. Testimony that an item is what it is claimed to be.

(2) NonexpertOpinion About Handwriting. A nonexpert’s opinion that handwritingis genuine, based on a familiarity with it that was not acquired for thecurrent litigation.

(3) Comparisonby an Expert Witness or the Trier of Fact. A comparison with anauthenticated specimen by an expert witness or the trier of fact.

(4) DistinctiveCharacteristics and the Like. The appearance, contents, substance,internal patterns, or other distinctive characteristics of the item, takentogether with all the circumstances.

(5) OpinionAbout a Voice. An opinion identifying a person’s voice — whetherheard firsthand or through mechanical or electronic transmission or recording —based on hearing the voice at any time under circumstances that connect it withthe alleged speaker.

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Rule 901(b)(6-7). Authenticating or Identifying Evidence (11)

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(b) Examples. Thefollowing are examples only — not a complete list — of evidence that satisfiesthe requirement:

(6) EvidenceAbout a Telephone Conversation. For a telephone conversation,evidence that a call was made to the number assigned at the time to:

(A) aparticular person, if circumstances, including self-identification, show thatthe person answering was the one called; or

(B) aparticular business, if the call was made to a business and the call related tobusiness reasonably transacted over the telephone.

(7) Evidence About Public Records. Evidencethat:

(A) a document was recorded orfiled in a public office as authorized by law; or (B) a purported public recordor statement is from the office where items of this kind are kept.

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Rule 901(b)(8-10). Authenticating or Identifying Evidence (11)

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(b) Examples. Thefollowing are examples only — not a complete list — of evidence that satisfiesthe requirement:

(8) EvidenceAbout Ancient Documents or Data Compilations. For a document ordata compilation, evidence that it:

(A) is in a condition thatcreates no suspicion about its authenticity; (B) was in a place where, ifauthentic, it would likely be; and

(C) is at least 20 years oldwhen offered.

(9) EvidenceAbout a Process or System. Evidence describing a process or systemand showing that it produces an accurate result.

(10) MethodsProvided by a Statute or Rule. Any method of authentication oridentification allowed by a federal statute or a rule prescribed by the SupremeCourt.

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Rule 902(1). Evidence That Is Self-Authenticating (11)

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The following items of evidence areself-authenticating; they require no extrinsic evidence of authenticity inorder to be admitted:

(1) Domestic PublicDocuments That Are Sealed and Signed. A document that bears:

(A) aseal purporting to be that of the United States; any state, district,commonwealth, territory, or insular possession of the United States; the formerPanama Canal Zone; the Trust Territory of the Pacific Islands; a politicalsubdivision of any of these entities; or a department, agency, or officer ofany entity named above; and

(B) asignature purporting to be an execution or attestation.

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Rule 902(2). Evidence That Is Self-Authenticating (11)

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The following items of evidence areself-authenticating; they require no extrinsic evidence of authenticity inorder to be admitted:

(2)Domestic PublicDocuments That Are Not Sealed but Are Signed and Certified. Adocument that bears no seal if:

(A) itbears the signature of an officer or employee of an entity named in Rule902(1)(A); and

(B) anotherpublic officer who has a seal and official duties within that same entitycertifies under seal — or its equivalent — that the signer has the officialcapacity and that the signature is genuine.

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Rule 902(3). Evidence That Is Self-Authenticating (11)

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The following items of evidence areself-authenticating; they require no extrinsic evidence of authenticity inorder to be admitted:

(3) Foreign PublicDocuments. A document that purports to be signed or attested by aperson who is authorized by a foreign country’s law to do so. The document mustbe accompanied by a final certification that certifies the genuineness of thesignature and official position of the signer or attester — or of any foreignofficial whose certificate of genuineness relates to the signature orattestation or is in a chain of certificates of genuineness relating to thesignature or attestation. The certification may be made by a secretary of aUnited States embassy or legation; by a consul general, vice consul, orconsular agent of the United States; or by a diplomatic or consular official ofthe foreign country assigned or accredited to the United States. If all partieshave been given a reasonable opportunity to investigate the document’sauthenticity and accuracy, the court may, for good cause, either:

(A) orderthat it be treated as presumptively authentic without final certification; or (B) allowit to be evidenced by an attested summary with or without final certification.

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Rule 902(4). Evidence That Is Self-Authenticating (11)

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The following items of evidence areself-authenticating; they require no extrinsic evidence of authenticity inorder to be admitted:

(4) Certified Copies ofPublic Records. A copy of an official record — or a copy of adocument that was recorded or filed in a public office as authorized by law —if the copy is certified as correct by:

(A) thecustodian or another person authorized to make the certification; or

(B) acertificate that complies with Rule 902(1), (2),or (3),a federal statute, or a rule prescribed by the Supreme Court.

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Rule 902(5-10). Evidence That Is Self-Authenticating (11)

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The following items of evidence areself-authenticating; they require no extrinsic evidence of authenticity inorder to be admitted:

(5) Official Publications. Abook, pamphlet, or other publication purporting to be issued by a publicauthority.

(6) Newspapers andPeriodicals. Printed material purporting to be a newspaper orperiodical.

(7) Trade Inscriptions andthe Like. An inscription, sign, tag, or label purporting to havebeen affixed in the course of business and indicating origin, ownership, orcontrol.

(8) Acknowledged Documents. Adocument accompanied by a certificate of acknowledgment that is lawfullyexecuted by a notary public or another officer who is authorized to takeacknowledgments.

(9) Commercial Paper andRelated Documents. Commercial paper, a signature on it, andrelated documents, to the extent allowed by general commercial law.

(10) Presumptions Under aFederal Statute. A signature, document, or anything else that afederal statute declares to be presumptively or prima facie genuine orauthentic.

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Rule 902(11). Evidence That Is Self-Authenticating (11)

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The following items of evidence areself-authenticating; they require no extrinsic evidence of authenticity inorder to be admitted:

(11) Certified DomesticRecords of a Regularly Conducted Activity. The original or a copyof a domestic record that meets the requirements of Rule 803(6)(A)-(C),as shown by a certification of the custodian or another qualified person thatcomplies with a federal statute or a rule prescribed by the Supreme Court.Before the trial or hearing, the proponent must give an adverse partyreasonable written notice of the intent to offer the record — and must make therecord and certification available for inspection — so that the party has afair opportunity to challenge them.

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Rule 902(12). Evidence That Is Self-Authenticating (11)

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The following items of evidence areself-authenticating; they require no extrinsic evidence of authenticity inorder to be admitted:

(12) Certified Foreign Recordsof a Regularly Conducted Activity. In a civil case, the originalor a copy of a foreign record that meets the requirements of Rule 902(11),modified as follows: the certification, rather than complying with a federalstatute or Supreme Court rule, must be signed in a manner that, if falselymade, would subject the maker to a criminal penalty in the country where thecertification is signed. The proponent must also meet the notice requirementsof Rule902(11).

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Rule903. Subscribing Witness (11)

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A subscribing witness’s testimony isnecessary to authenticate a writing only if required by the law of thejurisdiction that governs its validity.

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Rule 1001. Definitions That Apply to This Article (11)

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In this article:

(a) A “writing” consistsof letters, words, numbers, or their equivalent set down in any form.

(b) A “recording” consistsof letters, words, numbers, or their equivalent recorded in any manner.

(c) A “photograph” means aphotographic image or its equivalent stored in any form.

(d) An “original” of awriting or recording means the writing or recording itself or any counterpartintended to have the same effect by the person who executed or issued it. Forelectronically stored information, “original” means any printout — or otheroutput readable by sight — if it accurately reflects the information. An“original” of a photograph includes the negative or a print from it.

(e) A “duplicate” means acounterpart produced by a mechanical, photographic, chemical, electronic, orother equivalent process or technique that accurately reproduces the original.

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Rule 1002. Requirement of Original (11)

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An original writing, recording, orphotograph is required in order to prove its content unless these rules or afederal statute provides otherwise.

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Rule 1003. Admissibility of Duplicates (11)

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A duplicate is admissible to the sameextent as the original unless a genuine question is raised about the original’sauthenticity or the circumstances make it unfair to admit the duplicate.

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Rule 1004. Admissibility of Other Evidence of Contents (11)

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An original is not required and otherevidence of the content of a writing, recording, or photograph is admissibleif:

(a) all the originals arelost or destroyed, and not by the proponent acting in bad faith;

(b) an original cannot beobtained by any available judicial process;

(c) the party against whomthe original would be offered had control of the original; was at that time puton notice, by pleadings or otherwise, that the original would be a subject ofproof at the trial or hearing; and fails to produce it at the trial or hearing;or

(d) the writing,recording, or photograph is not closely related to a controlling issue.

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Rule 1005.Copies of Public Records to Prove Content (11)

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The proponent may use a copy to provethe content of an official record — or of a document that was recorded or filedin a public office as authorized by law — if these conditions are met: therecord or document is otherwise admissible; and the copy is certified ascorrect in accordance with Rule 902(4) oris testified to be correct by a witness who has compared it with the original.If no such copy can be obtained by reasonable diligence, then the proponent mayuse other evidence to prove the content.

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Rule 1006. Summaries to Prove Content (11)

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The proponent may use a summary,chart, or calculation to prove the content of voluminous writings, recordings,or photographs that cannot be conveniently examined in court. The proponentmust make the originals or duplicates available for examination or copying, orboth, by other parties at a reasonable time and place. And the court may orderthe proponent to produce them in court.

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Rule 1007. Testimony or Statement of a Party to ProveContent (11)

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The proponent may prove the content ofa writing, recording, or photograph by the testimony, deposition, or writtenstatement of the party against whom the evidence is offered. The proponent neednot account for the original.

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Rule1008. Functions of the Court and Jury (11)

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Ordinarily, the court determineswhether the proponent has fulfilled the factual conditions for admitting otherevidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jurytrial, the jury determines — in accordance with Rule 104(b) —any issue about whether:

(a) an asserted writing,recording, or photograph ever existed;

(b) another one producedat the trial or hearing is the original; or

(c) other evidence ofcontent accurately reflects the content.

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Rule 601. Competency to Testify in General (12)

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Every person is competent to be awitness unless these rules provide otherwise. But in a civil case, state law governsthe witness’s competency regarding a claim or defense for which state lawsupplies the rule of decision.

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Rule 602. Need for Personal Knowledge (12)

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A witness may testify to a matter onlyif evidence is introduced sufficient to support a finding that the witness haspersonal knowledge of the matter. Evidence to prove personal knowledge mayconsist of the witness’s own testimony. This rule does not apply to a witness’sexpert testimony under Rule 703.

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Rule 603. Oath or Affirmation to Testify Truthfully (12)

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Before testifying, a witness must givean oath or affirmation to testify truthfully. It must be in a form designed toimpress that duty on the witness’s conscience.

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Rule 604. Interpreters (12)

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An interpreter must be qualified andmust give an oath or affirmation to make a true translation.

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Rule 605. Judge (12)

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The presiding judge may not testify asa witness at the trial. A party need not object to preserve the issue.

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Rule 606(a). Juror (12)

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(a) At the Trial. A jurormay not testify as a witness before the other jurors at the trial. If a juroris called to testify, the court must give a party an opportunity to objectoutside the jury’s presence.

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Rule 615. Excluding Witnesses (12)

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At a party’s request, the court mustorder witnesses excluded so that they cannot hear other witnesses’ testimony.Or the court may do so on its own. But this rule does not authorize excluding:

(a) a party who is anatural person;

(b) an officer or employeeof a party that is not a natural person, after being designated as the party’srepresentative by its attorney;

(c) a person whosepresence a party shows to be essential to presenting the party’s claim ordefense; or

(d) a person authorized bystatute to be present.

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Rule611(c). Mode and Order of Examining Witnesses and Presenting Evidence (12)

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(c) Leading Questions. Leadingquestions should not be used on direct examination except as necessary todevelop the witness’s testimony. Ordinarily, the court should allow leadingquestions:

(1) oncross-examination; and

(2) whena party calls a hostile witness, an adverse party, or a witness identified withan adverse party.

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Rule 612. Writing Used to Refresh a Witness (12)

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(a) Scope. This rule givesan adverse party certain options when a witness uses a writing to refreshmemory:

(1) whiletestifying; or

(2) beforetestifying, if the court decides that justice requires the party to have thoseoptions.

(b) Adverse Party’s Options;Deleting Unrelated Matter. Unless 18U.S.C. § 3500 provides otherwise in a criminal case, an adverse partyis entitled to have the writing produced at the hearing, to inspect it, tocross-examine the witness about it, and to introduce in evidence any portionthat relates to the witness’s testimony. If the producing party claims that thewriting includes unrelated matter, the court must examine the writing incamera, delete any unrelated portion, and order that the rest be delivered to theadverse party. Any portion deleted over objection must be preserved for therecord.

(c) Failure to Produce or Deliverthe Writing. If a writing is not produced or is not delivered asordered, the court may issue any appropriate order. But if the prosecution doesnot comply in a criminal case, the court must strike the witness’s testimony or— if justice so requires — declare a mistrial.

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Rule602. Need for Personal Knowledge (12)

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A witness may testify to a matter onlyif evidence is introduced sufficient to support a finding that the witness haspersonal knowledge of the matter. Evidence to prove personal knowledge mayconsist of the witness’s own testimony. This rule does not apply to a witness’sexpert testimony under Rule 703.

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Rule 701. Opinion Testimony by Lay Witnesses (12)

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If a witness is not testifying as anexpert, testimony in the form of an opinion is limited to one that is:

(a) rationally based onthe witness’s perception;

(b) helpful to clearlyunderstanding the witness’s testimony or to determining a fact in issue; and

(c) not based onscientific, technical, or other specialized knowledge within the scope of Rule 702.

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Rule 702. Testimony by Expert Witnesses (12)

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A witness who is qualified as an expertby knowledge, skill, experience, training, or education may testify in the formof an opinion or otherwise if:

(a) the expert’sscientific, technical, or other specialized knowledge will help the trier offact to understand the evidence or to determine a fact in issue;

(b) the testimony is basedon sufficient facts or data;

(c) the testimony is theproduct of reliable principles and methods; and

(d) the expert hasreliably applied the principles and methods to the facts of the case.

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Rule 703. Bases of an Expert (12)

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An expert may base an opinion on factsor data in the case that the expert has been made aware of or personallyobserved. If experts in the particular field would reasonably rely on thosekinds of facts or data in forming an opinion on the subject, they need not beadmissible for the opinion to be admitted. But if the facts or data wouldotherwise be inadmissible, the proponent of the opinion may disclose them tothe jury only if their probative value in helping the jury evaluate the opinionsubstantially outweighs their prejudicial effect.

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Rule 705.Disclosing the Facts or Data Underlying anExpert (12)

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Unless the court orders otherwise, anexpert may state an opinion — and give the reasons for it — without firsttestifying to the underlying facts or data. But the expert may be required todisclose those facts or data on cross-examination.

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Rule 704. Opinion on an Ultimate Issue (12)

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(a) In General — Not AutomaticallyObjectionable. An opinion is not objectionable just because itembraces an ultimate issue.

(b) Exception. In acriminal case, an expert witness must not state an opinion about whether thedefendant did or did not have a mental state or condition that constitutes anelement of the crime charged or of a defense. Those matters are for the trier offact alone.

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Rule706. Court-Appointed Expert Witnesses (12)

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(a) Appointment Process. Ona party’s motion or on its own, the court may order the parties to show causewhy expert witnesses should not be appointed and may ask the parties to submitnominations. The court may appoint any expert that the parties agree on and anyof its own choosing. But the court may only appoint someone who consents toact.

(b) Expert’s Role. Thecourt must inform the expert of the expert’s duties. The court may do so inwriting and have a copy filed with the clerk or may do so orally at aconference in which the parties have an opportunity to participate. The expert:

(1) mustadvise the parties of any findings the expert makes;

(2) maybe deposed by any party;

(3) maybe called to testify by the court or any party; and

(4) maybe cross-examined by any party, including the party that called the expert.

(c) Compensation. Theexpert is entitled to a reasonable compensation, as set by the court. Thecompensation is payable as follows:

(1) in acriminal case or in a civil case involving just compensation under the FifthAmendment, from any funds that are provided by law; and

(2) inany other civil case, by the parties in the proportion and at the time that thecourt directs — and the compensation is then charged like other costs.

(d) Disclosing the Appointment tothe Jury. The court may authorize disclosure to the jury that thecourt appointed the expert.

(e) Parties’ Choice of Their OwnExperts. This rule does not limit a party in calling its own experts.

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Rule 607. Who May Impeach a Witness (12)

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Any party, including the party thatcalled the witness, may attack the witness’s credibility.

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Rule 608(a). A Witness (12)

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(a) Reputation orOpinion Evidence. A witness’s credibility may be attacked or supportedby testimony about the witness’s reputation for having a character fortruthfulness or untruthfulness, or by testimony in the form of an opinion aboutthat character. But evidence of truthful character is admissible only after thewitness’s character for truthfulness has been attacked.

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Rule 609(a). Impeachment by Evidence of Conviction of Crime (12)

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(a) In General. Thefollowing rules apply to attacking a witness’s character for truthfulness byevidence of a criminal conviction:

(1) for acrime that, in the convicting jurisdiction, was punishable by death or byimprisonment for more than one year, the evidence:

(A) mustbe admitted, subject to Rule 403, in a civil case or in a criminal case inwhich the witness is not a defendant; and

(B) mustbe admitted in a criminal case in which the witness is a defendant, if theprobative value of the evidence outweighs its prejudicial effect to thatdefendant; and

(2) forany crime regardless of the punishment, the evidence must be admitted if thecourt can readily determine that establishing the elements of the crimerequired proving — or the witness’s admitting — a dishonest act or falsestatement.

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Rule 609(b). Impeachment by Evidence of Conviction of Crime (12)

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(b) Limit on Using the EvidenceAfter 10 Years. This subdivision (b) applies if more than 10 yearshave passed since the witness’s conviction or release from confinement for it,whichever is later. Evidence of the conviction is admissible only if:

(1) itsprobative value, supported by specific facts and circumstances, substantiallyoutweighs its prejudicial effect; and

(2) theproponent gives an adverse party reasonable written notice of the intent to useit so that the party has a fair opportunity to contest its use.

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Rule 609(c). Impeachment by Evidence of Conviction of Crime (12)

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(c) Effect of a Pardon, Annulment,or Certificate of Rehabilitation. Evidence of a conviction is notadmissible if:

(1) theconviction has been the subject of a pardon, annulment, certificate ofrehabilitation, or other equivalent procedure based on a finding that theperson has been rehabilitated, and the person has not been convicted of a latercrime punishable by death or by imprisonment for more than one year; or

(2) theconviction has been the subject of a pardon, annulment, or other equivalentprocedure based on a finding of innocence.

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Rule 609(d). Impeachment by Evidence of Conviction of Crime (12)

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(d) Juvenile Adjudications. Evidenceof a juvenile adjudication is admissible under this rule only if:

(1) itis offered in a criminal case;

(2) theadjudication was of a witness other than the defendant;

(3) anadult’s conviction for that offense would be admissible to attack the adult’scredibility; and

(4) admittingthe evidence is necessary to fairly determine guilt or innocence.

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Rule 609(e). Impeachment by Evidence of Conviction of Crime (12)

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(e) Pendency of an Appeal. Aconviction that satisfies this rule is admissible even if an appeal is pending.Evidence of the pendency is also admissible.

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Rule 608(b). A Witness (12)

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(b) Specific Instances of Conduct. Exceptfor a criminal conviction under Rule 609, extrinsic evidence is not admissibleto prove specific instances of a witness’s conduct in order to attack orsupport the witness’s character for truthfulness. But the court may, oncross-examination, allow them to be inquired into if they are probative of thecharacter for truthfulness or untruthfulness of:

(1) the witness; or

(2) anotherwitness whose character the witness being cross-examined has testified about.

By testifying on another matter, awitness does not waive any privilege against self-incrimination for testimonythat relates only to the witness’s character for truthfulness.

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Rule 613. Witness (12)

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(a) Showing or Disclosing theStatement During Examination. When examining a witness about thewitness’s prior statement, a party need not show it or disclose its contents tothe witness. But the party must, on request, show it or disclose its contentsto an adverse party’s attorney.

(b) Extrinsic Evidence of a PriorInconsistent Statement. Extrinsic evidence of a witness’s priorinconsistent statement is admissible only if the witness is given anopportunity to explain or deny the statement and an adverse party is given anopportunity to examine the witness about it, or if justice so requires. Thissubdivision (b) does not apply to an opposing party’s statement under Rule801(d)(2).

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Rule 803(18). Exceptionsto the Rule Against Hearsay (12)

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(18) Statements in LearnedTreatises, Periodicals, or Pamphlets. A statement contained in atreatise, periodical, or pamphlet if:

(A) thestatement is called to the attention of an expert witness on cross-examinationor relied on by the expert on direct examination; and

(B) thepublication is established as a reliable authority by the expert’s admission ortestimony, by another expert’s testimony, or by judicial notice.

If admitted, the statement may be readinto evidence but not received as an exhibit.

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Rule610. Religious Beliefs or Opinions (12)

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Evidence of a witness’s religiousbeliefs or opinions is not admissible to attack or support the witness’s credibility.

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Rule 801(a)-(c). Definitions ThatApply to This Article; Exclusions from Hearsay (13)

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The following definitions apply under this article:

(a) Statement. “Statement” means a person’s oralassertion, written assertion, or nonverbal conduct, if the person intended itas an assertion.

(b) Declarant. “Declarant” means the person whomade the statement.

(c) Hearsay. “Hearsay” means a statement that:

(1) the declarant doesnot make while testifying at the current trial or hearing; and

(2) a party offers inevidence to prove the truth of the matter asserted in the statement.

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Rule 801(d)(1). Definitions That Apply to This Article;Exclusions from Hearsay (13)

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(d) Statements That Are Not Hearsay. A statementthat meets the following conditions is not hearsay:

(1) ADeclarant-Witness’s Prior Statement. The declarant testifies andis subject to cross-examination about a prior statement, and the statement:

(A) is inconsistentwith the declarant’s testimony and was given under penalty of perjury at atrial, hearing, or other proceeding or in a deposition;

(B) isconsistent with the declarant’s testimony and is offered:

(i) torebut an express or implied charge that the declarant recently fabricated it oracted from a recent improper influence or motive in so testifying; or

(ii) to rehabilitate the declarant's credibility as a witnesswhen attacked on another ground; or

(C) identifiesa person as someone the declarant perceived earlier.

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Rule 801(d)(2). Definitions That Apply to This Article;Exclusions from Hearsay (13)

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(d) Statements That Are Not Hearsay. A statementthat meets the following conditions is not hearsay:

(2) An Opposing Party’sStatement. The statement is offered against an opposing party and:

(A) wasmade by the party in an individual or representative capacity;

(B) isone the party manifested that it adopted or believed to be true;

(C) wasmade by a person whom the party authorized to make a statement on the subject;

(D) was made by theparty’s agent or employee on a matter within the scope of that relationship andwhile it existed; or

(E) wasmade by the party’s coconspirator during and in furtherance of the conspiracy.

The statement must be considered but does not by itself establishthe declarant’s authority under (C); the existence or scope of the relationshipunder (D); or the existence of the conspiracy or participation in it under (E).

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Rule 803(1) and (2).Exceptions to the Rule Against Hearsay (14)

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The following are not excluded by the rule against hearsay,regardless of whether the declarant is available as a witness:

(1) Present Sense Impression. Astatement describing or explaining an event or condition, made while orimmediately after the declarant perceived it.

(2) Excited Utterance. A statement relating to a startling eventor condition, made while the declarant was under the stress of excitement thatit caused.

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Rule 803(3).Exceptions to the Rule Against Hearsay (14)

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The following are not excluded by the rule against hearsay,regardless of whether the declarant is available as a witness:

(3) Then-ExistingMental, Emotional, or Physical Condition. A statement of thedeclarant’s then-existing state of mind (such as motive, intent, or plan) oremotional, sensory, or physical condition (such as mental feeling, pain, orbodily health), but not including a statement of memory or belief to prove thefact remembered or believed unless it relates to the validity or terms of thedeclarant’s will.

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Rule 803(4).Exceptions to the Rule Against Hearsay (14)

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The following are not excluded by the rule against hearsay,regardless of whether the declarant is available as a witness:

(4) Statement Made for Medical Diagnosis orTreatment. A statement that:

(A) is made for — andis reasonably pertinent to — medical diagnosis or treatment; and

(B) describes medicalhistory; past or present symptoms or sensations; their inception; or theirgeneral cause.

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Rule 803(5).Exceptions to the Rule Against Hearsay (14)

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The following are not excluded by the rule against hearsay,regardless of whether the declarant is available as a witness:

(5) Recorded Recollection. A recordthat:

(A) is on a matter thewitness once knew about but now cannot recall well enough to testify fully andaccurately;

(B) was made or adoptedby the witness when the matter was fresh in the witness’s memory; and

(C) accurately reflectsthe witness’s knowledge.

If admitted, the record may be read into evidence but may bereceived as an exhibit only if offered by an adverse party.

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Rule 803(6) and (7).Exceptions to the Rule Against Hearsay (14)

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The following are not excluded by the rule against hearsay,regardless of whether the declarant is available as a witness:

(6) Records of a Regularly Conducted Activity. Arecord of an act, event, condition, opinion, or diagnosis if:

(A) the record was madeat or near the time by — or from information transmitted by — someone withknowledge;

(B) the record was keptin the course of a regularly conducted activity of a business, organization,occupation, or calling, whether or not for profit;

(C) making the recordwas a regular practice of that activity;

(D) all theseconditions are shown by the testimony of the custodian or another qualifiedwitness, or by a certification that complies with Rule 902(11) or(12) or with a statute permitting certification; and

(E) neither the opponent does not show that the source ofinformation nor or the method or circumstances ofpreparation indicate a lack of trustworthiness.

(7) Absence of a Record of a Regularly ConductedActivity. Evidence that a matter is not included in a recorddescribed in paragraph (6) if:

(A) the evidence isadmitted to prove that the matter did not occur or exist;

(B) a record wasregularly kept for a matter of that kind; and

(C) neither the opponent does not show that the possiblesource of the information nor or other circumstances indicate alack of trustworthiness.

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Rule 803(8)(9) and (10).Exceptions to the Rule Against Hearsay (14)

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The following are not excluded by the rule against hearsay,regardless of whether the declarant is available as a witness:

(8) Public Records. A record orstatement of a public office if:

(A) it sets out:

(i) theoffice’s activities;

(ii) a matter observedwhile under a legal duty to report, but not including, in a criminal case, amatter observed by law-enforcement personnel; or

(iii) in a civil caseor against the government in a criminal case, factual findings from a legallyauthorized investigation; and

(B) neither the opponent does not show that the source of information nor or other circumstances indicate a lackof trustworthiness.

(9) Public Records of Vital Statistics. Arecord of a birth, death, or marriage, if reported to a public office inaccordance with a legal duty.

(10) Absence of a Public Record. Testimony— or a certification under Rule 902 — that a diligent search failed to disclosea public record or statement if:

(A) the testimony orcertification is admitted to prove that

(i) therecord or statement does not exist; or

(ii) a matter did notoccur or exist, if a public office regularly kept a record or statement for amatter of that kind; and

(B) in a criminal case,a prosecutor who intends to offer a certification provides written notice ofthat intent at least 14 days before trial, and the defendant does not object inwriting within 7 days of receiving the notice — unless the court sets adifferent time for the notice or the objection.

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Rule 804(a). Hearsay Exceptions; Declarant Unavailable (14)

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(a) Criteria for Being Unavailable. A declarantis considered to be unavailable as a witness if the declarant:

(1) is exempted fromtestifying about the subject matter of the declarant’s statement because thecourt rules that a privilege applies;

(2) refuses to testifyabout the subject matter despite a court order to do so;

(3) testifies to notremembering the subject matter;

(4) cannot be presentor testify at the trial or hearing because of death or a then-existinginfirmity, physical illness, or mental illness; or

(5) is absent from thetrial or hearing and the statement’s proponent has not been able, by process orother reasonable means, to procure:

(A) thedeclarant’s attendance, in the case of a hearsay exception under Rule804(b)(1) or (6); or

(B) the declarant’sattendance or testimony, in the case of a hearsay exception under Rule804(b)(2), (3),or (4).

But this subdivision (a) does not apply if the statement’sproponent procured or wrongfully caused the declarant’s unavailability as awitness in order to prevent the declarant from attending or testifying.

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Rule 804(b)(1). Hearsay Exceptions; Declarant Unavailable (14)

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(b) The Exceptions. The following are notexcluded by the rule against hearsay if the declarant is unavailable as awitness:

(1) FormerTestimony. Testimony that:

(A) was given as awitness at a trial, hearing, or lawful deposition, whether given during thecurrent proceeding or a different one; and

(B) is now offeredagainst a party who had — or, in a civil case, whose predecessor in interesthad — an opportunity and similar motive to develop it by direct, cross-, orredirect examination.

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Rule 804(b)(2). HearsayExceptions; Declarant Unavailable (14)

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(b) The Exceptions. The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness:

(2) Statement Under theBelief of Imminent Death. In a prosecution for homicide or in acivil case, a statement that the declarant, while believing the declarant’sdeath to be imminent, made about its cause or circumstances.

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Rule 804(b)(3). Hearsay Exceptions; Declarant Unavailable (14)

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(b) The Exceptions. The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness:

(3) Statement AgainstInterest. A statement that:

(A) a reasonableperson in the declarant’s position would have made only if the person believedit to be true because, when made, it was so contrary to the declarant’sproprietary or pecuniary interest or had so great a tendency to invalidate thedeclarant’s claim against someone else or to expose the declarant to civil orcriminal liability; and

(B) is supported bycorroborating circumstances that clearly indicate its trustworthiness, if it isoffered in a criminal case as one that tends to expose the declarant tocriminal liability.

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Rule 804(b)(6). Hearsay Exceptions; Declarant Unavailable (14)

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(b) The Exceptions. The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness:

(6) Statement Offered Against a PartyThat Wrongfully Caused the Declarant’s Unavailability. A statementoffered against a party that wrongfully caused — or acquiesced in wrongfullycausing — the declarant’s unavailability as a witness, and did so intendingthat result.

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Rule 807. ResidualException (14)

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(a) In General. Under the followingcircumstances, a hearsay statement is not excluded by the rule against hearsayeven if the statement is not specifically covered by a hearsay exceptionin Rule 803 or804:

(1) the statement hasequivalent circumstantial guarantees of trustworthiness;

(2) it is offered asevidence of a material fact; (3) it is moreprobative on the point for which it is offered than any other evidence that theproponent can obtain through reasonable efforts; and

(4) admitting it willbest serve the purposes of these rules and the interests of justice.

(b) Notice. The statement is admissible only if,before the trial or hearing, the proponent gives an adverse party reasonablenotice of the intent to offer the statement and its particulars, including thedeclarant’s name and address, so that the party has a fair opportunity to meetit.

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Rule 805. HearsayWithin Hearsay (14)

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Hearsay within hearsay is not excluded by the rule againsthearsay if each part of the combined statements conforms with an exception tothe rule.

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Rule 806.Attacking and Supporting the Declarant (14)

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When a hearsay statement — or a statement described in Rule801(d)(2)(C), (D), or (E) — has been admitted in evidence, the declarant’scredibility may be attacked, and then supported, by any evidence that would beadmissible for those purposes if the declarant had testified as a witness. Thecourt may admit evidence of the declarant’s inconsistent statement or conduct,regardless of when it occurred or whether the declarant had an opportunity toexplain or deny it. If the party against whom the statement was admitted callsthe declarant as a witness, the party may examine the declarant on thestatement as if on cross-examination.

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Article I

Back 89

General Provisions

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Article II

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Judicial Notice

Front 91

Article IV

Back 91

Relevancy and It's Limits

Front 92

Article V

Back 92

Privileges

Front 93

Article VI

Back 93

Witnesses

Front 94

Article VII

Back 94

Opinions and Expert Testimony

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Article VIII

Back 95

Hearsay

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Article IX

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Authentication and Identification

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Article X

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Contents of Writings, Recordings, and Photographs