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NOTES:
(As amended to January 2, 2006)
Footnotes
[1] So in original. Does not conform to rule catchline.
[2] So in original. The colon probably should be a period.
[3] Editorially supplied. Rules 413 to 415 added by Pub. L. 103–322 without corresponding amendment of Table of Contents.
Effective Date and Application of Rules
Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1926, provided: “That the following rules shall take effect on the one hundred and eightieth day [July 1, 1975] beginning after the date of the enactment of this Act [Jan. 2, 1975]. These rules apply to actions, cases, and proceedings brought after the rules take effect. These rules also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary principles apply.”
Historical Note
The Federal Rules of Evidence were adopted by order of the Supreme Court on Nov. 20, 1972, transmitted to Congress by the Chief Justice on Feb. 5, 1973, and to have become effective on July 1, 1973. Pub. L. 93–12, Mar. 30, 1973, 87 Stat. 9, provided that the proposed rules “shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by Act of Congress”. Pub. L. 93–595, Jan. 2, 1975, 88 Stat. 1926, enacted the Federal Rules of Evidence proposed by the Supreme Court, with amendments made by Congress, to take effect on July 1, 1975.
The Rules have been amended Oct. 16, 1975, Pub. L. 94–113, § 1,
89 Stat. 576, eff. Oct. 31, 1975; Dec. 12, 1975, Pub. L. 94–149, § 1,
89 Stat. 805; Oct. 28, 1978, Pub. L. 95–540, § 2,
92 Stat. 2046; Nov. 6, 1978, Pub. L. 95–598, title II, § 251,
92 Stat. 2673, eff. Oct. 1, 1979; Apr. 30, 1979, eff. Dec. 1, 1980; Apr. 2, 1982, Pub. L. 97–164, title I, § 142, title IV, § 402, 96 Stat. 45, 57, eff. Oct. 1, 1982; Oct. 12, 1984, Pub. L. 98–473, title IV, § 406,
98 Stat. 2067; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Nov. 18, 1988, Pub. L. 100–690, title VII, §§ 7046,
7075,
102 Stat. 4400, 4405; Jan. 26, 1990, eff. Dec. 1, 1990; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Sept. 13, 1994, Pub. L. 103–322, title IV, § 40141, title XXXII, § 320935, 108 Stat. 1918, 2135; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 17, 2000, eff. Dec. 1, 2000; Mar. 27, 2003, eff. Dec. 1, 2003.
Rules of the Supreme Court of the United States
For use of the Federal Rules of Evidence in original actions in the Supreme Court of the United States, see rule
17.2 of the Rules of the Supreme Court of the United States, this Appendix.
ARTICLE I. GENERAL PROVISIONS
Rule
101.
Scope.
102.
Purpose and construction.
103.
Rulings on evidence.
(a)
Effect of erroneous ruling.
(1)
Objection.
(2)
Offer of proof.
(b)
Record of offer and ruling.
(c)
Hearing of jury.
(d)
Plain error.
104.
Preliminary questions.
(a)
Questions of admissibility generally.
(b)
Relevancy conditioned on fact.
(c)
Hearing of jury.
(d)
Testimony by accused.
(e)
Weight and credibility.
105.
Limited admissibility.
106.
Remainder of or related writings on recorded statements.
ARTICLE II. JUDICIAL NOTICE
201.
Judicial notice of adjudicative facts.
(a)
Scope of rule.
(b)
Kinds of facts.
(c)
When discretionary.
(d)
When mandatory.
(e)
Opportunity to be heard.
(f)
Time of taking notice.
(g)
Instructing jury.
ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
301.
Presumptions in general in civil actions and proceedings.
302.
Applicability of State law in civil actions and proceedings.
ARTICLE IV. RELEVANCY AND ITS LIMITS
401.
Definition of “relevant evidence”.
402.
Relevant evidence generally admissible; irrelevant evidence inadmissible.
403.
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
404.
Character evidence not admissible to prove conduct; exceptions; other crimes.
(a)
Character evidence generally.
(1)
Character of accused.
(2)
Character of alleged victim.
(3)
Character of witness.
(b)
Other crimes, wrongs, or acts.
405.
Methods of proving character.
(a)
Reputation or opinion.
(b)
Specific instances of conduct.
406.
Habit; routine practice.
407.
Subsequent remedial measures.
408.
Compromise and offers to compromise.
409.
Payment of medical and similar expenses.
410.
Inadmissibility of pleas, offers of pleas, and related statements.[1]
So in original. Does not conform to rule catchline.
411.
Liability insurance.
412.
Sex Offense Cases; Relevance of Alleged Victim’s Past Sexual Behavior or Alleged Sexual Predisposition: [2]
So in original. The colon probably should be a period.
(a)
Evidence generally inadmissible.
(b)
Exceptions.
(c)
Procedure to determine admissibility.
413.
Evidence of Similar Crimes in Sexual Assault Cases.[3]
Editorially supplied. Rules
413 to
415 added by Pub. L. 103–322 without corresponding amendment of Table of Contents.
414.
Evidence of Similar Crimes in Child Molestation Cases.[3]
415.
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation.[3]
ARTICLE V. PRIVILEGES
501.
General rule.
ARTICLE VI. WITNESSES
601.
General rule of competency.
602.
Lack of personal knowledge.
603.
Oath or affirmation.
604.
Interpreters.
605.
Competency of judge as witness.
606.
Competency of juror as witness.
(a)
At the trial.
(b)
Inquiry into validity of verdict or indictment.
607.
Who may impeach.
608.
Evidence of character and conduct of witness.
(a)
Opinion and reputation evidence of character.
(b)
Specific instances of conduct.
609.
Impeachment by evidence of conviction of crime.
(a)
General rule.
(b)
Time limit.
(c)
Effect of pardon, annulment, or certificate of rehabilitation.
(d)
Juvenile adjudications.
(e)
Pendency of appeal.
610.
Religious beliefs or opinions.
611.
Mode and order of interrogation and presentation.
(a)
Control by court.
(b)
Scope of cross-examination.
(c)
Leading questions.
612.
Writing used to refresh memory.
613.
Prior statements of witnesses.
(a)
Examining witness concerning prior statement.
(b)
Extrinsic evidence of prior inconsistent statement of witness.
614.
Calling and interrogation of witnesses by court.
(a)
Calling by court.
(b)
Interrogation by court.
(c)
Objections.
615.
Exclusion of witnesses.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
701.
Opinion testimony by lay witnesses.
702.
Testimony by experts.
703.
Bases of opinion testimony by experts.
704.
Opinion on ultimate issue.
705.
Disclosure of facts or data underlying expert opinion.
706.
Court appointed experts.
(a)
Appointment.
(b)
Compensation.
(c)
Disclosure of appointment.
(d)
Parties’ experts of own selection.
ARTICLE VIII. HEARSAY
801.
Definitions.
(a)
Statement.
(b)
Declarant.
(c)
Hearsay.
(d)
Statements which are not hearsay.
(1)
Prior statement by witness.
(2)
Admission by party-opponent.
802.
Hearsay rule.
803.
Hearsay exceptions; availability of declarant immaterial.
(1)
Present sense impression.
(2)
Excited utterance.
(3)
Then existing mental, emotional, or physical condition.
(4)
Statements for purposes of medical diagnosis or treatment.
(5)
Recorded recollection.
(6)
Records of regularly conducted activity.
(7)
Absence of entry in records kept in accordance with the provisions of paragraph (6).
(8)
Public records and reports.
(9)
Records of vital statistics.
(10)
Absence of public record or entry.
(11)
Records of religious organizations.
(12)
Marriage, baptismal, and similar certificates.
(13)
Family records.
(14)
Records of documents affecting an interest in property.
(15)
Statements in documents affecting an interest in property.
(16)
Statements in ancient documents.
(17)
Market reports, commercial publications.
(18)
Learned treatises.
(19)
Reputation concerning personal or family history.
(20)
Reputation concerning boundaries or general history.
(21)
Reputation as to character.
(22)
Judgment of previous conviction.
(23)
Judgment as to personal, family, or general history, or boundaries.
(24)
Other exceptions (Transferred).
804.
Hearsay exceptions; declarant unavailable.
(a)
Definition of unavailability.
(b)
Hearsay exceptions.
(1)
Former testimony.
(2)
Statement under belief of impending death.
(3)
Statement against interest.
(4)
Statement of personal or family history.
(5)
Other exceptions (Transferred).
(6)
Forfeiture by wrongdoing.
805.
Hearsay within hearsay.
806.
Attacking and supporting credibility of declarant.
807.
Residual exception.
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
901.
Requirement of authentication or identification.
(a)
General provision.
(b)
Illustrations.
(1)
Testimony of witness with knowledge.
(2)
Nonexpert opinion on handwriting.
(3)
Comparison by trier or expert witness.
(4)
Distinctive characteristics and the like.
(5)
Voice identification.
(6)
Telephone conversations.
(7)
Public records or reports.
(8)
Ancient documents or data compilation.
(9)
Process or system.
(10)
Methods provided by statute or rule.
902.
Self-authentication.
(1)
Domestic public documents under seal.
(2)
Domestic public documents not under seal.
(3)
Foreign public documents.
(4)
Certified copies of public records.
(5)
Official publications.
(6)
Newspapers and periodicals.
(7)
Trade inscriptions and the like.
(8)
Acknowledged documents.
(9)
Commercial paper and related documents.
(10)
Presumptions under Acts of Congress.
(11)
Certified domestic records of regularly conducted activity.
(12)
Certified foreign records of regularly conducted activity.
903.
Subscribing witness’ testimony unnecessary.
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
1001.
Definitions.
(1)
Writings and recordings.
(2)
Photographs.
(3)
Original.
(4)
Duplicate.
1002.
Requirement of original.
1003.
Admissibility of duplicates.
1004.
Admissibility of other evidence of contents.
(1)
Originals lost or destroyed.
(2)
Original not obtainable.
(3)
Original in possession of opponent.
(4)
Collateral matters.
1005.
Public records.
1006.
Summaries.
1007.
Testimony or written admission of party.
1008.
Functions of court and jury.
ARTICLE XI. MISCELLANEOUS RULES
1101.
Applicability of rules.
(a)
Courts and judges.
(b)
Proceedings generally.
(c)
Rule of privilege.
(d)
Rules inapplicable.
(1)
Preliminary questions of fact.
(2)
Grand jury.
(3)
Miscellaneous proceedings.
(e)
Rules applicable in part.
1102.
Amendments.
1103.
Title.
Amendments by Public Law
1994—Pub. L. 103–322, title IV, § 40141(c), Sept. 13, 1994, 108 Stat. 1919, substituted item 412 for one which read “Sex offense cases; relevance of victim’s past behavior.”
1988—Pub. L. 100–690, title VII, § 7046(b), Nov. 18, 1988, 102 Stat. 4401, substituted “Sex offense” for “Rape” in item 412.
1978—Pub. L. 95–540, § 2(b), Oct. 28, 1978, 92 Stat. 2047, added item 412.
1975—Pub. L. 94–149, § 1(1)–(8), Dec. 12, 1975, 89 Stat. 805, amended analysis as follows: item 106, substituted “or” for “on”; item 301, inserted “in” after “general”; item 405(a), inserted “or opinion” after “Reputation” and before the period; item 410, substituted “Inadmissibility of pleas, offers of pleas, and related statements” for “Offer to plead guilty; nolo contendere; withdrawn plea of guilty”; item 501, substituted “General rule”; item 608(a), substituted “Opinion and reputation” for “Reputation”; item 901(b)(8), substituted “compilation” for “compilations”; and item 1101(c), substituted “Rule” for “Rules”.
Footnotes
[1] So in original. Does not conform to rule catchline.
[2] So in original. The colon probably should be a period.
[3] Editorially supplied. Rules 413 to 415 added by Pub. L. 103–322 without corresponding amendment of Table of Contents.
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