Article 1 - General Provisions

Question 1

Rule 101

Answer 1

Scope; Defintions

Question 2

Rule 101(a)

Answer 2

Scope. 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.

Question 3

Rule 101(b)

Answer 3

Definitions

Question 4

Rule 101(b)(1)

Answer 4

“Civil cases” means civil action or proceedings;

Question 5

Rule 101(b)(2)

Answer 5

“Criminal case” includes a criminal proceedings;

Question 6

Rule 101(b)(3)

Answer 6

“Public office” includes a public agency;

Question 7

Rule 101(b)(4)

Answer 7

“Record” includes a memorandum, report, or data compilation;

Question 8

Rule 101(b)(5)

Answer 8

A “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and

Question 9

Rule 101(b)(6)

Answer 9

A reference to any kind of written material or any other medium includes electronically stored information.

Question 10

Rule 102

Answer 10

Purpose

These rules should be construed so as to administer every proceedings fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.

Question 11

Rule 103

Answer 11

Rulings on Evidence

Question 12

Rule 103(a)

Answer 12

Preserving claim of error. A party May claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:

Question 13

Rule 103(a)(1)

Answer 13

Preserving claim of error. A party May claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: If the ruling admits evidence, a party, on the record:

Question 14

Rule 103(a)(1)(A)

Answer 14

Preserving claim of error. A party May claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: Timely objects or moves to strike; and

Question 15

Rule 103(a)(1)(B)

Answer 15

Preserving claim of error. A party May claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: States the specific ground, unless it was apparent from the context; or

Question 16

Rule 103(a)(2)

Answer 16

If the ruling excludes evidence,a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.

Question 17

Rule 103(b)

Answer 17

Not Needing to Renew an Objection or Offer of Proof. Once the court rules definitively on the record - either before or at trial - a party need not renew an objection or offer of proof to preserve a claim of error for appeal.

Question 18

Rule 103(c)

Answer 18

Court’s Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court may direct that an offer of proof be made in question-and-answer form.

Question 19

Rule 103(d)

Answer 19

Preventing the Jury from Hearing Inadmissible Evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by an means.

Question 20

Rule 103(e)

Answer 20

Taking Notice of Plain Error. A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.

Question 21

Rule 104

Answer 21

Preliminary Questions

Question 22

Rule 104(a)

Answer 22

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.

Question 23

Rule 104(b)

Answer 23

Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact 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.

Question 24

Rule 104(c)

Answer 24

Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:

Question 25

Rule 104(c)(1)

Answer 25

Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if: the hearing involves the admissibility of a confession;

Question 26

Rule 104(c)(2)

Answer 26

Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if: a defendant in a criminal case is a witness and so requests; or

Question 27

Rule 104(c)(3)

Answer 27

Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if: justice so requires.

Question 28

Rule 104(d)

Answer 28

Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.

Question 29

Rule 104(e)

Answer 29

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.

Question 30

Rule 105

Answer 30

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.

Question 31

Rule 106

Answer 31

Remainder of or Related Writings or Recorded Statements. If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part - or any other writing or recorded statement - that in fairness ought to be considered at the same time.