The Rules! Flashcards
Rule 101
- defines the scope
* apply broadly to processing in FEDERAL COURT
Rule 1101
• lists categories of FC subject to the rules
Rule 1101(b)
Rules govern all disputes, regardless of underlying claim
• DO NOT apply to every stage, ONLY trial
Rule 1101(d)
Lists stages that DO NOT need to follow FRE
• not an exhaustive list
Rule 1101(c)
Rules on privilege apply to all stages of a case or proceeding
Rule 102
• purpose of the FRE
Rule 1101(a)
Lists specific courts (district, court of appeals, bankruptcy, magistrates, Federal Claims, Guam, Virgin Islands, Northern Mariana Islands)
Rule 103
The process parties use to disputes and defend evidence at trial
• how to object
Rule 105
Governs limiting instructions
• if party asks for instruction, judge MUST give the instruction
Rule 402
Only relevant evidence is admissible
Rule 401
Test/definition of relevance
Rule 103(a)
Preservation
• only an error if it affects “a substantial right”
Rule 403
• judges can exclude otherwise relevant evidence that is
- Unfairly prejudicial
- Confusing
- Misleading
- Duplicative, or
- Wastes time
Test: reason to exclude must SUBSTANTIALLY OUTWEIGH the probative value.
Rule 407
Bars evidence of subsequent remedial measures
Rule 408
Not admissible:
• settlement offers
• statements made during settlement discussions
Rule 409
Excludes evidence of
• offers to pay medical expenses
• payment of medical expenses
WHEN offered to prove liability
Rule 410
Precludes SOME evidence of offers to plead guilty and statements made during plea bargaining
Rule 411
Bars evidence of liability insurance by ANY party IF offered to prove negligence or some other wrongful behavior
Rule 408(a)(2)
J
Rule 409
jj
Rule 410
J
Rule 411
j
Rule 601
everyone is competent UNLESS
• FRE or
• state law says different
Rule 605
Judge who presided over a case cannot testify as a witness - not “competent”
Rule 606
Jurors cannot testify in a trial where they play a decision making role
Rule 602
Witnesses may only testify about matters they know about personally
(Doesn’t apply to expert witnesses!)
Rule 603
Witnesses have to choose between an oath or affirmation before testifying
Rule 604
j
Rule 615
a defendant cannot be excluded
Rule 614
the court/judge can call witnesses
Rule 614(c)
j
Rule 612
lawyer can refresh a witness’s memory with a document or other item
applies to refreshing memory
1. while testifying adn
2. before testifying
Rule 608
how to attack a witness’s character for credibility
Rule 609
j
Rule 610
j
Rule 607
j
Rule 613
j
Rule 613(a)
j
Rule 613(b)
j
Rule 201
Judicial notice
Rule 201(b)
Types of facts:
- Generally know
- Accurately and readily determined by consulting an unimpeachable source
Rule 106
Allows opponent to introduce any remaining portions “that in fairness ought to be considered at the same time” as the original portion
