ARTICLE 1: General Provisions Flashcards
General Provisions
Rule 101: Scope
These rules govern proceedings in the courts of this state, to the extent and with the exceptions stated in Rule 1101.
Rule 102: Purpose and Construction
These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Committee Comment - 1977
Rule 102 sets the stage for the application of the evidentiary rules. In the interpretation of the rules, principles of fairness and convenience should be paramount. The rules should not be read narrowly but with a view for accomplishing essential fairness, with a minimum of formality and procedural obstacles in the search for the truth. The rules provide for a great deal of flexibility and discretion. This rule urges that such discretion and flexibility be exercised to accomplish the stated purpose.
Rule 103: Rulings on Evidence
(a)Effect of erroneous ruling.Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and
(1) Objection. In case the ruling is one admitting evidence a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or
(2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
Once the court makes a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error.
(b)Record of offer and ruling.The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. Upon request of any party, the court shall place its ruling on the record. The court may direct the making of an offer in question and answer form.
(c)Hearing of jury.In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.
(d)Error.Nothing in this rule precludes taking notice of errors in fundamental law or of plain errors affecting substantial rights although they were not brought to the attention of the court.
Rule 104: Preliminary Questions
(a)Questions of admissibility generally.Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.
(b)Relevancy conditioned on fact.When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or in the court’s discretion subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
(c)Hearing of jury.Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, and so requests.
(d)Testimony by accused.The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.
(e)Weight and credibility.This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
Rule 105: Limited Admissibility
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Rule 106: Remainder of or Related Writings or Recorded Statements
When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.
