Category: Federal Rules of Evidence
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RULE 1103. TITLE
RULE 1103. TITLE These rules may be cited as the Federal Rules of Evidence. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1948; Apr. 26, 2011, eff. Dec. 1, 2011.) Short Title of 1978 Amendment Pub. L. 95–540, §1, Oct. 28, 1978, 92 Stat. 2046, provided: “That this Act [enacting rule 412 of…
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RULE 1102. AMENDMENTS
RULE 1102. AMENDMENTS These rules may be amended as provided in 28 U.S.C. § 2072. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1948; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Rules—1991 Amendment The amendment is technical. No substantive change is…
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RULE 1101. APPLICABILITY OF THE RULES
RULE 1101. APPLICABILITY OF THE RULES (a) To Courts and Judges. These rules apply to proceedings before: · United States district courts; · United States bankruptcy and magistrate judges; · United States courts of appeals; · the United States Court of Federal Claims; and · the district courts of Guam, the Virgin Islands, and the…
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RULE 1008. FUNCTIONS OF THE COURT AND JURY
RULE 1008. FUNCTIONS OF THE COURT AND JURY Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines — in accordance with Rule 104(b) — any issue…
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RULE 1007. TESTIMONY OR STATEMENT OF A PARTY TO PROVE CONTENT
RULE 1007. TESTIMONY OR STATEMENT OF A PARTY TO PROVE CONTENT The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original. Notes (Pub. L. 93–595, §1, Jan. 2, 1975,…
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RULE 1006. SUMMARIES TO PROVE CONTENT
RULE 1006. SUMMARIES TO PROVE CONTENT The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and…
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RULE 1005. COPIES OF PUBLIC RECORDS TO PROVE CONTENT
RULE 1005. COPIES OF PUBLIC RECORDS TO PROVE CONTENT The proponent may use a copy to prove the content of an official record — or of a document that was recorded or filed in a public office as authorized by law — if these conditions are met: the record or document is otherwise admissible; and…
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RULE 1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENT
RULE 1004. ADMISSIBILITY OF OTHER EVIDENCE OF CONTENT An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if: (a) all the originals are lost or destroyed, and not by the proponent acting in bad faith; (b) an original cannot be obtained by any available judicial…
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RULE 1003. ADMISSIBILITY OF DUPLICATES
RULE 1003. ADMISSIBILITY OF DUPLICATES A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1946; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes…
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RULE 1002. REQUIREMENT OF THE ORIGINAL
RULE 1002. REQUIREMENT OF THE ORIGINAL An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1946; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Proposed Rules The…
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RULE 1001. DEFINITIONS THAT APPLY TO THIS ARTICLE
RULE 1001. DEFINITIONS THAT APPLY TO THIS ARTICLE In this article: (a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form. (b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner. (c) A “photograph” means a photographic image or its equivalent stored in any…
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RULE 903. SUBSCRIBING WITNESS’S TESTIMONY
RULE 903. SUBSCRIBING WITNESS’S TESTIMONY A subscribing witness’s testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1945; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Proposed Rules The common…
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RULE 902. EVIDENCE THAT IS SELF-AUTHENTICATING
RULE 902. EVIDENCE THAT IS SELF-AUTHENTICATING The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted: (1) Domestic Public Documents That Are Sealed and Signed. A document that bears: (A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or…
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RULE 901. AUTHENTICATING OR IDENTIFYING EVIDENCE
RULE 901. AUTHENTICATING OR IDENTIFYING EVIDENCE (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. (b) Examples. The following are examples only — not a complete list — of…
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RULE 807. RESIDUAL EXCEPTION
RULE 807. RESIDUAL EXCEPTION (a) In General. Under the following circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifically covered by a hearsay exception in Rule 803 or 804: (1) the statement has equivalent circumstantial guarantees of trustworthiness; (2) it is offered as evidence of…
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RULE 806. ATTACKING AND SUPPORTING THE DECLARANT’S CREDIBILITY
RULE 806. ATTACKING AND SUPPORTING THE DECLARANT’S CREDIBILITY When a hearsay statement — or a statement described in Rule 801(d)(2)(C), (D), or (E) — has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a…
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RULE 805. HEARSAY WITHIN HEARSAY
RULE 805. HEARSAY WITHIN HEARSAY Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1943; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Proposed Rules…
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RULE 804. HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE
RULE 804. HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE (a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: (1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies; (2) refuses to testify about the subject matter despite a…
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RULE 803. EXCEPTIONS TO THE RULE AGAINST HEARSAY — REGARDLESS OF WHETHER THE DECLARANT IS AVAILABLE AS A WITNESS
RULE 803. EXCEPTIONS TO THE RULE AGAINST HEARSAY — REGARDLESS OF WHETHER THE DECLARANT IS AVAILABLE AS A WITNESS Present Sense Impression Excited Utterance Then-Existing Mental, Emotional, or Physical Condition Statement Made for Medical Diagnosis or Treatment Recorded Recollection Records of Regularly Conducted Activity Absence of a Record of Regularly Conducted Activity Public Records Public…
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RULE 802. THE RULE AGAINST HEARSAY
RULE 802. THE RULE AGAINST HEARSAY Hearsay is not admissible unless any of the following provides otherwise: a federal statute; these rules; or other rules prescribed by the Supreme Court. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1939; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Proposed Rules…