07/12/2023

Federal Rules of Evidence

These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions

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. 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.

Table of Contents

Article I – General Provisions
Article II – Judicial Notice
Article III – Presumptions in Civil Cases
Article IV – Relevance and its Limits
Article V – Privileges
Article VI – Witnesses
Article VII – Opinions and Expert Testimony
Article VIII – Hearsay
Article IX – Authentication and Identification
Article X – Contents of Writings, Recordings, and Photographs
Article XI – Miscellaneous Rules

These are the Federal Rules of Evidence, as amended to December 1, 2019.

ARTICLE I. GENERAL PROVISIONS

Rule 101. Scope; Definitions
Rule 102. Purpose
Rule 103. Rulings on Evidence
Rule 104. Preliminary Questions
Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
Rule 106. Remainder of or Related Writings or Recorded Statements

ARTICLE II. JUDICIAL NOTICE

Rule 201. Judicial Notice of Adjudicative Facts

ARTICLE III. PRESUMPTIONS IN CIVIL CASES

Rule 301. Presumptions in Civil Cases Generally
Rule 302. Applying State Law to Presumptions in Civil Cases

ARTICLE IV. RELEVANCE AND ITS LIMITS

Rule 401. Test for Relevant Evidence
Rule 402. General Admissibility of Relevant Evidence
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Rule 404. Character Evidence; Crimes or Other Acts
Rule 405. Methods of Proving Character
Rule 406. Habit; Routine Practice
Rule 407. Subsequent Remedial Measures
Rule 408. Compromise Offers and Negotiations
Rule 409. Offers to Pay Medical and Similar Expenses
Rule 410. Pleas, Plea Discussions, and Related Statements
Rule 411. Liability Insurance
Rule 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
Rule 413. Similar Crimes in Sexual-Assault Cases
Rule 414. Similar Crimes in Child Molestation Cases
Rule 415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation

ARTICLE V. PRIVILEGES

Rule 501. Privilege in General
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver

ARTICLE VI. WITNESSES
Rule 601. Competency to Testify in General
Rule 602. Need for Personal Knowledge
Rule 603. Oath or Affirmation to Testify Truthfully
Rule 604. Interpreter
Rule 605. Judge’s Competency as a Witness
Rule 606. Juror’s Competency as a Witness
Rule 607. Who May Impeach a Witness
Rule 608. A Witness’s Character for Truthfulness or Untruthfulness
Rule 609. Impeachment by Evidence of a Criminal Conviction
Rule 610. Religious Beliefs or Opinions
Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
Rule 612. Writing Used to Refresh a Witness’s Memory
Rule 613. Witness’s Prior Statement
Rule 614. Court’s Calling or Examining a Witness
Rule 615. Excluding Witnesses

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion Testimony by Lay Witnesses
Rule 702. Testimony by Expert Witnesses
Rule 703. Bases of an Expert’s Opinion Testimony
Rule 704. Opinion on an Ultimate Issue
Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion
Rule 706. Court-Appointed Expert Witnesses

ARTICLE VIII. HEARSAY
Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay
Rule 802. The Rule Against Hearsay
Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness
Rule 804. Hearsay Exceptions; Declarant Unavailable
Rule 805. Hearsay Within Hearsay
Rule 806. Attacking and Supporting the Declarant’s Credibility
Rule 807. Residual Exception

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Rule 901. Authenticating or Identifying Evidence
Rule 902. Evidence That Is Self-Authenticating
Rule 903. Subscribing Witness’s Testimony

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Rule 1001. Definitions That Apply to This Article
Rule 1002. Requirement of the Original
Rule 1003. Admissibility of Duplicates
Rule 1004. Admissibility of Other Evidence of Content
Rule 1005. Copies of Public Records to Prove Content
Rule 1006. Summaries to Prove Content
Rule 1007. Testimony or Statement of a Party to Prove Content
Rule 1008. Functions of the Court and Jury

ARTICLE XI. MISCELLANEOUS RULES
Rule 1101. Applicability of the Rules
Rule 1102. Amendments
Rule 1103. Title