Also known as: rules of evidence · evidentiary rule
Written by attorneys · grounded in primary & secondary sources — see below
A body of procedural rules that governs the admissibility, presentation, and exclusion of evidence during judicial proceedings. These rules determine what information may be considered by the factfinder and under what conditions.
Reliance Insurance sues Roger Ramirez for breach of an insurance policy. Before trial Reliance identifies its retained expert who will testify on policy interpretation under Federal Rule of Evidence 702. The disclosure allows Ramirez to prepare cross-examination and obtain his own expert.
The government charges Roberto Reyes with fraud. It offers evidence of Reyes's earlier similar transactions to prove intent. The court admits the evidence after finding sufficient proof for a jury to conclude Reyes committed the prior acts and that the probative value is not substantially outweighed by prejudice.
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Ralph Richardson sues Ravi Reddy to enforce an alleged land contract. The only signed memorandum is destroyed in a fire. Richardson offers oral testimony describing the memorandum's terms. The court permits the testimony because loss of the writing does not bar proof of its contents.
Redline Automotive defends a product liability suit brought by Renee Rogers. It discloses the subject matter on which its employee engineer will testify under Federal Rule of Evidence 702 without providing a full written report. Rogers receives notice of the topics and can prepare accordingly.
Ricardo Rojas testifies for the defense in a criminal trial. The prosecution cross-examines him about membership in an organization whose tenets encourage members to lie for one another. The court allows the questions because evidence of bias is always relevant to credibility.
Radiance Media calls a former employee as a witness in a contract dispute against Regal Apparel. Regal offers the employee's prior deposition to contradict his trial testimony. The court permits the deposition because any party may use it to impeach the deponent.
No. Although the statute serves an evidentiary purpose by requiring a writing, it is a substantive rule. Loss or destruction of the memorandum does not prevent proof of its contents by other means such as oral testimony.
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The trial court need not find by a preponderance that the defendant committed the prior act. Admission is proper if the jury could reasonably conclude the act occurred and the probative value on a non-propensity issue is not substantially outweighed by unfair prejudice.
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Any party may use the deposition of a witness to contradict or impeach the witness's trial testimony. The deposition is also usable for any other purpose permitted by the Federal Rules of Evidence.
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Yes. In addition to initial disclosures, a party must disclose the identity of any witness it may call at trial to present evidence under Federal Rule of Evidence 702, 703, or 705.
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Yes. Evidence of bias is always relevant. A witness may be impeached by showing membership in an organization whose tenets encourage lying or perjury on behalf of fellow members.
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…duties as every other ministerial officer of the United States and equally liable to be compelled, is also bound by the same rules of evidence. These duties are not confidential but public and his clerks have no exclusive privileges except as to facts concerning foreign correspondencies and confidential communications between the…