General Provisions

Question 1

when does the FRE apply?

Answer 1

The FRE govern all civil and criminal trials and proceedings in federal courts, including bankruptcy and admiralty cases and proceedings.

Question 2

Certain proceedings where the FRE do NOT apply include:

Answer 2

o	grand jury proceedings;
o	preliminary hearings;
o	applying for and obtaining a warrant;
o	bail proceedings; 
o	preliminary questions of fact regarding admissibility;
o	sentencing; 
o	probation violation hearings; 
o	forfeiture proceedings; and
o	summary contempt.

Question 3

Rule 103: Objections

Answer 3

A.) Where a ruling admits evidence, must make timely and specific objection to preserve issue for appeal.

i.) If answer has already been heard, motion to strike is required

ii) A general objection (“I object”) is insufficient to preserve the issue for appeal
* *must state specific ground (specific objection) (e.g., “objection, hearsay”) unless the ground was apparent from the context.

Question 4

Offer of Proof

Answer 4

A.) Where a ruling excludes evidence, an offer of proof is required unless the substance of the evidence was apparent from the context

*In an offer of proof, the party may state what the excluded evidence would be orally or in writing; the court may direct that an offer of proof be made in question-and-answer form outside the presence of the jury.

Question 5

Waiver of Objection

Answer 5

If no objection is made to objectionable evidence, any objection is waived, and the appellate court will not consider the issue, absent plain error.

Question 6

Harmless Error Doctrine

Answer 6

An error is harmless if the jury would have reached the same verdict even if the error had not occurred; no substantial rights are affected. If the appellate court finds error, but that it was harmless, no relief will be granted.

Question 7

Plain Error Doctrine

Answer 7

Plain error is defined as a highly prejudicial error affecting “substantial rights.” The only time a reversal will result from the admission of evidence despite an objection not being raised is when plain error is found.

Question 8

Conditional Admissibility

Answer 8

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 9

The court MUST conduct any hearing on a preliminary question so that the jury cannot hear it if:

Answer 9

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.

Question 10

Limited Admissibility

Answer 10

1.) The court may admit evidence against a party or for a specific purpose — but not against another party or for another purpose.

2.) Limiting Jury Instruction: If evidence is admitted for one purpose but inadmissible for another, the court must restrict
the evidence to its proper scope and instruct the jury accordingly (counsel must request
the instruction)

Question 11

Rule of Completeness

Answer 11

Where a party introduces part of a writing or recording, the adverse party may immediately introduce any other writing or part of the writing, which, in fairness, ought to be considered in conjunction with it.

**The purpose is to avoid misleading the jury and prevent statements from being taken out of context as the repair work, left to a later time, would be prejudicial on the jury’s understanding of the issue.

*does NOT apply to conversations