FEDERAL RULES OF EVIDENCE CHART
Rule Description Definition Comments Cases Hypos
401 Relevancy Evidence having any tendency to make the existence Conditional Relevancy (see 104) is where probative value depends upon
of any fact that is of consequence to the definition + the existence of some other fact. Example: If evidence of
(Relevancy Defined) determination of the action more probable or less a spoken statement is relied upon to prove notice, probative value is
probable than it would be without the evidence. lacking unless the person sought to be charged heard the statement.
402 Relevancy All relevant evidence is admissible, except as
otherwise provided by the Constitution of the United
(Relevant Evidence States, by Act of Congress, by these rules, or by
Admissible; Irrelevant other rules prescribed by the Supreme Court
Evidence Inadmissible) pursuant to statutory authority. Evidence which is
not relevant is not admissible.
403 Relevancy Although relevant, evidence may be excluded if its Unfair Surprise is not enumerated in this rule. Under common law and in
probative value is substantially outweighed by the some states (not CA), unfair surprise coupled with the danger of
(Exclusion Of Relevant danger of: prejudice and confusion is grounds for exclusion. Granting a continuance
Evidence On Grounds Of A) Unfair Prejudice is a better solution.
Prejudice, Confusion, Or B) Confusion of the Issues
Waste Of Time) C) Misleading the Jury Factors to Consider
D) Undue Delay In granting a 403 exclusion, the judge should consider:
E) Waste of Time A) Effectiveness of the evidence; and
F) Needless Presentation of Cumulative B) Availability of other means of proof
Evidence
601 Competency Every person is competent to be a witness except as A) This rule eliminates the common law competency exceptions based
otherwise provided in these rules. However, in civil on:
(General Rule of actions and proceedings, with respect to an element 1) Religion (see 610),
Competency) of a claim or defense as to which State law supplies 2) Conviction of a crime (see 609),
the rule of decision, the competency of a witness 3) Connection with the litigation as a party, interested person, or
shall be determined in accordance with State law. spouse (see 505) of either.
B) No mental or moral qualifications for testifying as a witness are
specified. Usually based on witness’s truthfulness.
C) Exception: Dead Man’s Acts
602 Competency A witness may not testify to a matter unless
evidence is introduced sufficient to support a finding
(Lack of Personal that the witness has personal knowledge of the
Knowledge) matter. Evidence to prove personal knowledge may,
but need not, consist of the witness’ own testimony.
This rule is subject to the provisions of rule 703,
relating to opinion testimony by expert witnesses.
603 Competency Before testifying, every witness shall be required to
declare that the witness will testify truthfully, by
(Oath or Affirmation) oath or affirmation administered in a form calculated
to awaken the witness’ conscience and impress the
witness’ mind with the duty to do so.
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FEDERAL RULES OF EVIDENCE CHART
Rule Description Definition Comments Cases Hypos
604 Competency An interpreter is subject to the provisions of these
rules relating to qualification as an expert and the
(Interpreters) administration of an oath or affirmation to make a
true translation.
605 Competency The judge presiding at the trial may not testify in
that trial as a witness. No objection need be made in
(Competency of Judge as order to preserve the point.
Witness)
606 Competency A) At the Trial. A member of the jury may not A) Objection must be made in order to preserve the point because the
testify as a witness before that jury in the trial judge in such a situation will not be so close to the matter as he
(Competency of Juror as of the case in which the juror is sitting. If the would be in the event that he or she were called to testify.
Witness) juror is called so to testify, the opposing shall be B) Much disagreement over the threshold for requiring juror testimony
afforded an opportunity to object out of the regarding juror misconduct or the validity of a verdict or
presence of the jury. indictment.
B) Inquiry into validity of verdict or indictment. 1) Reasons to exclude juror testimony:
Upon an inquiry into the validity of a verdict or 2) Freedom of Deliberation
indictment, a juror may not testify as to any 3) Stability and Finality of Verdicts
matter or statement occurring during the course 4) Protection of Jurors Against Annoyance and Embarrassment
of the jury’s deliberations or to the effect of
5) Reasons to include juror testimony:
anything upon that or any other juror’s mind or
emotions as influencing the juror to assent to or 6) Simply putting verdicts beyond effective reach can only promote
dissent from the verdict or indictment or irregularity and injustice.
concerning the juror’s mental processes in 7) Substantial authority refuses to allow a juror to disclose
connection therewith, except that a juror may irregularities which occur in the jury room, but allows his
testify on the question whether extraneous testimony as to irregularities occurring outside; and
prejudicial information was improperly brought to 8) allows outsiders to testify as to occurrences both inside and out.
the jury’s attention or whether any outside 9) OK to for a juror to testify about juror misconduct or quotient
influence was improperly brought to bear upon verdict.
any juror. Nor may a juror’s affidavit or
C) This rule does not purport to specify the substantive grounds for
evidence of any statement by the juror
setting aside verdicts for irregularity; it deals only with the
concerning a matter about which the juror would
competency of jurors to testify concerning those grounds.
be precluded from testifying be received for
these purposes.
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FEDERAL RULES OF EVIDENCE CHART
Rule Description Definition Comments Cases Hypos
104 Preliminary Questions A) Questions of Admissibility Generally. The A) Questions of Admissibility Generally. 4. In some situations, the relevancy
following preliminary questions are to be of an item of evidence, in the
1. The applicability of a particular rule of evidence often depends upon
determined by the court subject to the large sense, depends upon the
the existence of a condition. The judge decides these issues. To
provisions of B) below: existence of a particular
the extent that the s inquiries are factual, the judge acts as a trier
1) Questions concerning the qualification of a preliminary fact. In such
of fact. Example issues that the judge would decide:
person to be a witness; instances, the judge makes a
2) The existence of a privilege; or 1.1. Is the alleged expert a qualified physician? preliminary determination
3) The admissibility of evidence 1.2. Is a witness whose former testimony is offered unavailable? whether the foundation evidence
B) Relevancy Conditioned On Fact. When the 1.3. Was a stranger present during a conversation between attorney is sufficient to support a finding
relevancy of evidence depends upon the and client? of fulfillment of the condition. If
fulfillment of a condition of fact, the court shall 2. Often, however, rulings on evidence call for an evaluation in terms of so, the item is admitted. If after
admit it upon, or subject to, the introduction of a legally set standard. These decisions, too, are made by the judge. all the evidence on the issue is in,
evidence sufficient to support a finding of the pro and con, the jury could
2.1. When a hearsay statement is offered as a declaration against
fulfillment of the condition. reasonably conclude that
interest, a decision must be made whether it possesses the
C) Hearing Of Jury. Hearings on the admissibility fulfillment of the condition is not
required against-interest characteristics.
of confessions shall in all cases be conducted out established, the issue is for them.
of the hearing of the jury. Hearings on other 3. If the question is factual in nature, the judge will of necessity If the evidence is not such as to
preliminary matters shall be so conducted when receive evidence pro and con on the issue. The rule provides that allow a finding, the judge
the interests of justice require, or when an the rules of evidence in general do not apply to this process. withdraws the matter from their
accused is a witness and so requests. Examples: consideration. Examples:
D) Testimony By Accused. The accused does not, by 3.1. The content of an asserted statement against interest must be 4.1. When a spoken statement is
testifying upon a preliminary matter, become considered in ruling whether it is against interest. relied upon to prove notice to
subject to cross-examination as to other issues 3.2. Testimony of a child is used to determine competency. X, it is without probative
in the case. value unless X heard it.
3.3. The requirement of Rule 602 dealing with personal knowledge.
E) Weight and Credibility. This rule does not limit 4.2. Or if a letter purporting to
In the case of hearsay, it is enough if, if the declarant “so far
the right of a party to introduce before the jury be from Y is relied upon to
as appears [has] had an opportunity to observe the fact
evidence relevant to weight or credibility. establish an admission by
declared.”
him, it has no probative value
3.4. The Federal Rules of Evidence, and most State rules do not
unless Y wrote or authorized
specify how a judge must determine preliminary issues of fact.
it. This is different from
However, New Jersey requires that “In his determination the
logical relevancy, e.g.,
rules of evidence shall not apply except for Rule 4 [exclusion on
evidence in a murder case
grounds of confusion , etc.] or a valid claim of privilege.
that accused on the day
before purchased a weapon
of the kind used in the killing
are treated in Rule 401.
5. Preliminary hearings on the
admissibility of confessions must
be conducted outside the hearing
of the jury.
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FEDERAL RULES OF EVIDENCE CHART
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