Evidence Outline, Godsey, Spring 2014
Rule 101(a) These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101
This rule establishes that the FRE apply broadly to proceedings in federal courts
Rule 103(a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only
(1) if the ruling admits evidence, a party, on the record:
(A) timely objects or moves to strike; and
(B) states the specific ground, less it was apparent from the context
Rule 104. Preliminary Questions
(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.
(b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a facts exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
(c) Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct a hearing on a preliminary question so that the jury cannot hear it if:
(1) the hearing involves the admissibility of a confession
(2) a defendant in a criminal case is a witness and so requests; or
(3) justice so requires
(d) Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject cross-examination on other issues in the case.
(e) Evidence Relevant to Weight and Credibility. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence.
Rule 105. Limiting Evidence That is Not Admissible Against Other Parties or for Other Purposes
If the court admits evidence that is admissible against a party or for a purpose-but not against another party or for another purpose- the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly
This is one instance where a judge does not have discretion on evidentiary matters
FRE 1101(a) To Courts and Judges. These rules apply to proceedings before:
US district courts
US bankruptcy and magistrate judges
US courts of appeals
US Court of Federal Claims (entertains civil suits against the federal gov’t); and
The district courts of Guam, the Virgin Islands, and the Northern Mariana Islands
FRE 1101(b) To Cases and Proceedings. These rules apply in:
Civil cases and proceedings, including bankruptcy, admiralty, and maritime cases;
Criminal cases and proceedings; and
Contempt proceedings, except those in which the court may act summarily
FRE 1101(c) Rules on Privilege. The rules on privilege apply to all stages of a case or proceeding.
FRE 1101(d) Exceptions. These rules- except for those on privilege- do NOT apply to the following:
(1) the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility (here the court determines whether there is probable cause to hold a defendant over for trial);
(2) grand jury proceedings (potential for abuses here); and
(3) misc
s ought to be considered at the same time as those offered by an opponent
· This is a flexible standard that allows exercise of the trial court’s discretion
Five Take-Aways from Completeness Doctrine/Rule 106:
1. Whether it applies to oral statements
a. Split in authority as to whether it applies to oral statement
i. Some say the oral statement must be in a written document
ii. Others allow the oral statement alone
2. Timing
When the party offers a portion of the writing or recorded statement, the opposing party stops the proceedings and introduces the completing evidence immediately, rather than waiting for its own case or rebuttal
This prevents the presenting party from misleading the jury through selective use of documents
3. Sometimes the rule can apply to whole documents
4. The general standard is fairness
5. Many courts will say the remaining portion you want to admit is inadmissible (hearsay)
a. Some courts see 106 as affecting timing only- allowing the opposing party to offer evidence before it begins its case to avoid prejudice as long as the evidence does not violate any other FRE
b. Other courts see 106 as broadening admissibility by allowing the rest of a document to be introduced regardless of its admissibility under other rules
