United States Code: Title 28a,FEDERAL RULES OF EVIDENCE

NOTES:

(As amended to January 5, 2009)

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; Apr. 12, 2006, eff. Dec. 1, 2006; Sept. 19, 2008, Pub. L. 110–322, § 1(a), 122 Stat. 3537.

ARTICLE I. GENERAL PROVISIONS Rule 101. Scope. 102. Purpose and construction. 103. Rulings on evidence. 104. Preliminary questions. 105. Limited admissibility. 106. Remainder of or related writings on recorded statements. ARTICLE II. JUDICIAL NOTICE 201. Judicial notice of adjudicative facts. 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. 405. Methods of proving character. 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, plea discussions, and related statements. 411. Liability insurance. 412. Sex offense cases; relevance of alleged victim’s past sexual behavior or alleged sexual predisposition. 413. Evidence of similar crimes in sexual assault cases. 414. Evidence of similar crimes in child molestation cases. 415. Evidence of similar acts in civil cases concerning sexual assault or child molestation. ARTICLE V. PRIVILEGES 501. General rule. 502. Attorney-client privilege and work product; limitations on waiver. 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. 607. Who may impeach. 608. Evidence of character and conduct of witness. 609. Impeachment by evidence of conviction of crime. 610. Religious beliefs or opinions. 611. Mode and order of interrogation and presentation. 612. Writing used to refresh memory. 613. Prior statements of witnesses. 614. Calling and interrogation of witnesses by court. 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. ARTICLE VIII. HEARSAY 801. Definitions. 802. Hearsay rule. 803. Hearsay exceptions; availability of declarant immaterial. 804. Hearsay exceptions; declarant unavailable. 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. 902. Self-authentication. 903. Subscribing witness’ testimony unnecessary. ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 1001. Definitions. 1002. Requirement of original. 1003. Admissibility of duplicates. 1004. Admissibility of other evidence of contents. 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. 1102. Amendments. 1103. Title.

Table of Contents

The table of contents set out above has been editorially created to reflect the current contents of the Federal Rules of Evidence. A table of contents included in the Rules as enacted by Pub. L. 93–595, which was amended by Pub. L. 94–149, § 1(1)–(8), Dec. 12, 1975, 89 Stat. 805; Pub. L. 95–540, § 2(b), Oct. 28, 1978, 92 Stat. 2047; Pub. L. 100–690, title VII, § 7046(b), Nov. 18, 1988, 102 Stat. 4401; Pub. L. 103–322, title IV, § 40141(c), Sept. 13, 1994, 108 Stat. 1919; Pub. L. 110–322, § 1(b), Sept. 19, 2008, 122 Stat. 3538, was omitted because it does not reflect certain amendments to the Rules by Public Law and by Court order.