1: General provisions

Question 1

Role of the court: Rules of Evidence

Answer 1

The court is generally not bound by the evidentiary rules in deciding these questions—i.e., it may consider otherwise inadmissible evidence.

It is, however, bound by the FRE on privilege.

Question 2

Role of the court: preliminary questions

Answer 2

The trial judge generally decides preliminary questions regarding the competency of evidence, including:

• the admissibility of evidence,
• whether a privilege exists, and
• whether a person is qualified to be a witness.

If a party requests a hearing on a preliminary question, the judge must grant the hearing.

Question 3

Conditional relevance

Answer 3

When the relevance of evidence depends upon whether a fact exists, the court may admit the proposed evidence on the condition that the proof of its relevance is introduced later.

In making its determination that sufficient evidence has been introduced, the court must examine all of the evidence and decide whether the jury could reasonably find the conditional fact by a preponderance of the evidence.

Question 4

Rule of completeness

Answer 4

An adverse party may compel the introduction of an omitted portion of the writing or statement if:

• A party introduces part of a writing or recorded statement, and
• In fairness, it should be considered at the same time, such as when the omitted portion explains or clarifies the admitted portion.

The rule of completeness, however, does not require admission of irrelevant portions of a statement.

Question 5

Role of the court: in camera review

Answer 5

Hearings on preliminary matters must be conducted outside the presence of the jury when the hearing involves:

(1) the admissibility of confessions,
(2) when a defendant in a criminal case is a witness and so requests, or;
(3) when justice requires it, e.g., the admissibility of a statement by the victim identifying the defendant as his assailant.

Question 6

Limiting instructions

Answer 6

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.

Question 7

Rule of completeness: scope

Answer 7

The rule of completeness applies to:

• The introduction of an omitted portion of an admitted writing or recorded statement; and
• A separate related writing or recorded statement—e.g., earlier correspondence.