Category: Federal Rules of Evidence
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RULE 302. APPLYING STATE LAW TO PRESUMPTIONS IN CIVIL CASES
RULE 302. APPLYING STATE LAW TO PRESUMPTIONS IN CIVIL CASES In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1931; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes…
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RULE 301. PRESUMPTIONS IN CIVIL CASES GENERALLY
RULE 301. PRESUMPTIONS IN CIVIL CASES GENERALLY In a civil case, unless a federal statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had…
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RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS
RULE 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS (a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial…
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RULE 106. REMAINDER OF OR RELATED WRITINGS OR RECORDED STATEMENTS
RULE 106. 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 (of evidence) — or any other writing or recorded statement — that in fairness ought to be considered at…
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RULE 105. LIMITING EVIDENCE THAT IS NOT ADMISSIBLE AGAINST OTHER PARTIES OR FOR OTHER PURPOSES
RULE 105. 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…
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RULE 104. PRELIMINARY QUESTIONS
RULE 104. PRELIMINARY QUESTIONS (a) 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. (b) Relevance That Depends on a Fact. When the relevance of evidence depends…
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RULE 103. RULINGS ON EVIDENCE
RULE 103. RULINGS ON EVIDENCE (a) Preserving a 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: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and…
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RULE 102. PURPOSE
RULE 102. PURPOSE These rules should be construed so as to administer every proceeding 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. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1929; Apr. 26, 2011, eff. Dec.…
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RULE 101. SCOPE; DEFINITIONS
RULE 101. SCOPE; DEFINITIONS (a) 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. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding;…