Also known as:Federal Rules of Evidence · Fed. R. Evid.
Written by attorneys · grounded in primary & secondary sources — see below
A set of rules that govern the admissibility of evidence in federal courts and proceedings. The rules determine whether testimony, documents, or other items may be presented to the factfinder and under what conditions prior statements or expert opinions qualify for admission.
Sources & Authorities
How it applies
Common Examples
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Deposition Used for Impeachment
Farah Fox testified at trial that she never saw the defective part. Opposing counsel offered her earlier deposition in which she admitted inspecting the component. The court admitted the deposition excerpt under the Federal Rules of Evidence to contradict her live testimony.
Bias Evidence on Cross-Examination
Farid Farahani took the stand for the defense. The prosecutor asked whether he belonged to an organization whose rules required members to protect one another by any means. The court permitted the questions because evidence of bias is always relevant to impeach a witness.
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Cases
Statutes
Federal Rules
Study Supplements
Dictionaries
Fatou Fall was unavailable at trial. Counsel offered portions of her deposition describing the contract negotiations. The court admitted the testimony after confirming it would have been admissible if she had appeared in person and testified live.
Remote Testimony Allowed for Cause
Forrest Falconer was hospitalized across the country and could not travel. The court permitted him to testify by live video feed after finding good cause and imposing safeguards to ensure the jury could observe his demeanor.
Expert Reliability Challenge
Felix Franco offered an engineer to testify about tire failure. The opposing party moved to exclude the testimony. The court conducted a reliability analysis under the Federal Rules of Evidence before deciding whether the methodology was sufficiently trustworthy for the jury.
Kumho Tire Co. v. Carmichael526 U.S. 137 (1999)
Sentencing Facts and Evidentiary Standards
Frederick Ferguson faced sentencing after a jury verdict. The judge considered additional facts that increased the guideline range. The court applied the Federal Rules of Evidence to determine which materials could properly support the enhanced sentence.
United States v. Booker543 U.S. 220 (2005)
Common questions
Frequently Asked
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What does the abbreviation FRE stand for?+
FRE stands for the Federal Rules of Evidence. These rules control the admission of testimony, exhibits, and other proof in federal proceedings.
Supporting sources
When may a deposition be used to impeach a witness at trial?+
Any party may use a deposition to contradict or impeach the deponent's testimony. The deposition is also admissible for any other purpose permitted by the Federal Rules of Evidence.
Supporting sources
Does evidence of a witness's bias require special foundation under the FRE?+
Evidence of bias is always relevant and admissible to impeach a witness. A party may show bias through membership in an organization whose tenets encourage false testimony on behalf of fellow members.
Supporting sources
What standard governs admission of deposition testimony when the deponent is unavailable?+
A deposition may be used to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying. The offering party must also satisfy the procedural prerequisites in Rule 32(a)(1).
Supporting sources
When may a witness testify by contemporaneous transmission rather than in open court?+
Testimony must ordinarily be taken in open court. For good cause in compelling circumstances and with appropriate safeguards, the court may permit live testimony from a remote location.
Supporting sources
509 U.S. 579, 592 (1993)Evidence
…misleading because of the difficulty in evaluating it.' " Id. at ----, 113 S.Ct. at 2798 (quoting Weinstein, Rule 702 of the Federal Rules of Evidence Is Sound; It Should Not Be Amended, 138 F.R.D. 631, 632 (1991)). Federal judges must therefore exclude proffered scientific evidence under Rules 702 and 403 unless they are convinced that…