Federal Rules of Evidence
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Overview
The Federal Rules of Evidence govern the admission of evidence in civil and criminal proceedings in United States federal courts. These rules determine what evidence can be presented to the jury and how it must be authenticated and presented.
Key Principle: Evidence must be relevant, reliable, and not unfairly prejudicial to be admissible in federal court.
Relevance and Admissibility
Rule 401: Relevance
- • Has tendency to make fact more or less probable
- • Fact must be of consequence
- • Low threshold for relevance
- • Logical connection required
Rule 402: General Admissibility
- • Relevant evidence is admissible
- • Irrelevant evidence is not admissible
- • Subject to constitutional limits
- • Other rules may exclude
Rule 403: Prejudicial Evidence
- • May exclude if unfairly prejudicial
- • Confusing or misleading
- • Undue delay or waste of time
- • Cumulative evidence
Balancing Test
Under Rule 403, courts must balance the probative value of evidence against:
Probative Value Factors
- • Strength of logical connection
- • Importance of fact to be proved
- • Availability of other evidence
- • Need for the evidence
Prejudicial Factors
- • Emotional impact on jury
- • Tendency to distract from issues
- • Time required for presentation
- • Confusion of issues
Character Evidence
Rule 404: Character Evidence
General Prohibition
- • Cannot prove character to show action
- • Cannot show propensity
- • Cannot prove "acted in accordance"
- • Strong presumption against admission
Permitted Uses
- • Character as essential element
- • Character for truthfulness
- • Defendant may introduce character
- • Victim character in self-defense
Rule 413-415: Sexual Offense Evidence
- • Rule 413: Similar crimes in sexual assault cases
- • Rule 414: Similar crimes in child molestation cases
- • Rule 415: Similar acts in civil sexual assault cases
- • Special notice requirements apply
Hearsay Rule and Exceptions
Rule 802: Hearsay Rule
Definition: Hearsay is an out-of-court statement offered to prove the truth of the matter asserted.
General Rule: Hearsay is not admissible unless an exception applies.
Rule 803: Availability Immaterial
- • Present sense impression
- • Excited utterance
- • State of mind
- • Medical statements
- • Recorded recollection
- • Business records
- • Public records
- • Ancient documents
Rule 804: Declarant Unavailable
- • Former testimony
- • Dying declaration
- • Statement against interest
- • Statement of personal/family history
- • Forfeiture by wrongdoing
Expert Witnesses
Rule 702: Expert Testimony
A witness qualified as expert may testify if:
- 1. The expert's knowledge will help the trier of fact
- 2. The testimony is based on sufficient facts or data
- 3. The testimony is the product of reliable principles and methods
- 4. The expert has reliably applied the principles to the case facts
Daubert Standard
Courts must determine reliability by considering:
- • Whether theory/technique can be tested
- • Whether it has been subject to peer review
- • Known or potential rate of error
- • Existence of standards controlling operation
- • General acceptance in relevant community
Expert Witness Disclosure Requirements
Required Disclosures
- • Complete statement of opinions
- • Basis and reasons for opinions
- • Facts or data considered
- • Qualifications and experience
- • Compensation for testimony
Timing
- • 90 days before trial (civil)
- • 30 days after disclosure if rebuttal
- • Criminal cases: per court order
- • Supplementation required if changes
Authentication and Best Evidence
Rule 901: Authentication
- • Must prove item is what proponent claims
- • Various methods of authentication
- • Testimony of witness with knowledge
- • Chain of custody for physical evidence
- • Self-authenticating documents
Rule 1002: Best Evidence Rule
- • Original required to prove content
- • Applies to writings, recordings, photos
- • Duplicates generally admissible
- • Exceptions for unavailable originals
Quick Reference: Key Evidence Rules
| Rule | Topic | Key Principle |
|---|---|---|
| 401 | Relevance | Makes fact more/less probable |
| 403 | Prejudicial Evidence | May exclude if unfairly prejudicial |
| 404 | Character Evidence | Generally prohibited |
| 702 | Expert Testimony | Must be helpful and reliable |
| 802 | Hearsay | Inadmissible unless exception applies |
| 901 | Authentication | Must prove item is what claimed |