[House Prints 112-4]
[From the U.S. Government Printing Office]








                              FEDERAL RULES

                                   OF

                                EVIDENCE

                                   ______

                            DECEMBER 1, 2011







                         Printed for the use

                                   of

                     THE COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES








112th Congress
  1st Session                 COMMITTEE PRINT             No. 4     
____________________________________________________________________
 
                              FEDERAL RULES

                                   OF

                                EVIDENCE

                                 _____

                            DECEMBER 1, 2011






                         Printed for the use

                                   of

                     THE COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES

                     U.S. GOVERNMENT PRINTING OFFICE

                            WASHINGTON : 2011

______________________________________________________________________
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                       COMMITTEE ON THE JUDICIARY

                      One Hundred Twelfth Congress

                      LAMAR SMITH, Texas, Chairman




F. JAMES SENSENBRENNER, Jr., Wisconsin      JOHN CONYERS, Jr., Michigan
HOWARD COBLE, North Carolina                HOWARD L. BERMAN, California
ELTON GALLEGLY, California                  JERROLD NADLER, New York
BOB GOODLATTE, Virginia                     ROBERT C. ``BOBBY'' SCOTT,
DANIEL E. LUNGREN, California                Virginia
STEVE CHABOT, Ohio                          MELVIN L. WATT, North
DARRELL E. ISSA, California                  Carolina
MIKE PENCE, Indiana                         ZOE LOFGREN, California
J. RANDY FORBES, Virginia                   SHEILA JACKSON LEE, Texas
STEVE KING, Iowa                            MAXINE WATERS, California
TRENT FRANKS, Arizona                       STEVE COHEN, Tennessee
LOUIE GOHMERT, Texas                        HENRY C. ``HANK'' JOHNSON,
JIM JORDAN, Ohio                             Jr., Georgia
TED POE, Texas                              PEDRO R. PIERLUISI, Puerto
JASON CHAFFETZ, Utah                         Rico
TIM GRIFFIN, Arkansas                       MIKE QUIGLEY, Illinois
TOM MARINO, Pennsylvania                    JUDY CHU, California
TREY GOWDY, South Carolina                  TED DEUTCH, Florida
DENNIS ROSS, Florida                        LINDA T. SANCHEZ, California
SANDY ADAMS, Florida                        [Vacant]
BEN QUAYLE, Arizona
MARK AMODEI, Nevada

      Sean McLaughlin, Majority Chief of Staff and General Counsel

        Perry Apelbaum, Minority Staff Director and Chief Counsel

                                  (ii)






                                FOREWORD

    This document contains the Federal Rules of Evidence, as amended to 
December 1, 2011. The rules were enacted by Public Law 93-595 (approved 
January 2, 1975) and have been amended by Acts of Congress, and further 
amended by the United States Supreme Court. This document has been 
prepared by the Committee in response to the need for an official up-to-
date document containing the latest amendments to the rules.
    For the convenience of the user, where a rule has been amended a 
reference to the date the amendment was promulgated and the date the 
amendment became effective follows the text of the rule.
    The Committee on Rules of Practice and Procedure and the Advisory 
Committee on the Federal Rules of Evidence, Judicial Conference of the 
United States, prepared notes explaining the purpose and intent of the 
amendments to the rules. The Committee Notes may be found in the 
Appendix to Title 28, United States Code, following the particular rule 
to which they relate.



                                   Chairman, Committee on the Judiciary.
    December 1, 2011.

                                  (iii)




                   AUTHORITY FOR PROMULGATION OF RULES

                   AUTHORITY FOR PROMULGATION OF RULES

                      TITLE 28, UNITED STATES CODE

Sec. 2072. Rules of procedure and evidence; power to prescribe
    (a) The Supreme Court shall have the power to prescribe general 
rules of practice and procedure and rules of evidence for cases in the 
United States district courts (including proceedings before magistrate 
judges thereof) and courts of appeals.
    (b) Such rules shall not abridge, enlarge or modify any substantive 
right. All laws in conflict with such rules shall be of no further force 
or effect after such rules have taken effect.
    (c) Such rules may define when a ruling of a district court is final 
for the purposes of appeal under section 1291 of this title.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4648, eff. Dec. 1, 1988; amended Pub. L. 101-650, title III, 
Sec. Sec. 315, 321, Dec. 1, 1990, 104 Stat. 5115, 5117.)
Sec. 2073. Rules of procedure and evidence; method of prescribing
    (a)(1) The Judicial Conference shall prescribe and publish the 
procedures for the consideration of proposed rules under this section.
    (2) The Judicial Conference may authorize the appointment of 
committees to assist the Conference by recommending rules to be 
prescribed under sections 2072 and 2075 of this title. Each such 
committee shall consist of members of the bench and the professional 
bar, and trial and appellate judges.
    (b) The Judicial Conference shall authorize the appointment of a 
standing committee on rules of practice, procedure, and evidence under 
subsection (a) of this section. Such standing committee shall review 
each recommendation of any other committees so appointed and recommend 
to the Judicial Conference rules of practice, procedure, and evidence 
and such changes in rules proposed by a committee appointed under 
subsection (a)(2) of this section as may be necessary to maintain 
consistency and otherwise promote the interest of justice.
    (c)(1) Each meeting for the transaction of business under this 
chapter by any committee appointed under this section shall be open to 
the public, except when the committee so meeting, in open session and 
with a majority present, determines that it is in the public interest 
that all or part of the remainder of the meeting on that day shall be 
closed to the public, and states the reason for so closing the meeting. 
Minutes of each meeting for the transaction of business under this 
chapter shall be maintained by the committee and made available to the 
public, except that any portion of such minutes, relating to a closed 
meeting and made available to the public, may contain such deletions as 
may be necessary to avoid frustrating the purposes of closing the 
meeting.
    (2) Any meeting for the transaction of business under this chapter, 
by a committee appointed under this section, shall be preceded by 
sufficient notice to enable all interested persons to attend.
    (d) In making a recommendation under this section or under section 
2072 or 2075, the body making that recommendation shall provide a 
proposed rule, an explanatory note on the rule, and a written report 
explaining the body's action, including any minority or other separate 
views.
    (e) Failure to comply with this section does not invalidate a rule 
prescribed under section 2072 or 2075 of this title.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4649, eff. Dec. 1, 1988; amended Pub. L. 103-394, title I, Sec. 104(e), 
Oct. 22, 1994, 108 Stat. 4110.)
Sec. 2074. Rules of procedure and evidence; submission to Congress; 
        effective date
    (a) The Supreme Court shall transmit to the Congress not later than 
May 1 of the year in which a rule prescribed under section 2072 is to 
become effective a copy of the proposed rule. Such rule shall take 
effect no earlier than December 1 of the year in which such rule is so 
transmitted unless otherwise provided by law. The Supreme Court may fix 
the extent such rule shall apply to proceedings then pending, except 
that the Supreme Court shall not require the application of such rule to 
further proceedings then pending to the extent that, in the opinion of 
the court in which such proceedings are pending, the application of such 
rule in such proceedings would not be feasible or would work injustice, 
in which event the former rule applies.
    (b) Any such rule creating, abolishing, or modifying an evidentiary 
privilege shall have no force or effect unless approved by Act of 
Congress.
(Added Pub. L. 100-702, title IV, Sec. 401(a), Nov. 19, 1988, 102 Stat. 
4649, eff. Dec. 1, 1988.)
Sec. 2075. Bankruptcy rules
    The Supreme Court shall have the power to prescribe by general 
rules, the forms of process, writs, pleadings, and motions, and the 
practice and procedure in cases under title 11.
    Such rules shall not abridge, enlarge, or modify any substantive 
right.
    The Supreme Court shall transmit to Congress not later than May 1 of 
the year in which a rule prescribed under this section is to become 
effective a copy of the proposed rule. The rule shall take effect no 
earlier than December 1 of the year in which it is transmitted to 
Congress unless otherwise provided by law.
    The bankruptcy rules promulgated under this section shall prescribe 
a form for the statement required under section 707(b)(2)(C) of title 11 
and may provide general rules on the content of such statement.
(Added Pub. L. 88-623, Sec. 1, Oct. 3, 1964, 78 Stat. 1001; amended Pub. 
L. 95-598, title II, Sec. 247, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 103-
394, title I, Sec. 104(f), Oct. 22, 1994, 108 Stat. 4110; Pub. L. 109-8, 
title XII, Sec. 1232, Apr. 20, 2005, 119 Stat. 202.)
                             HISTORICAL NOTE

                             HISTORICAL NOTE

    The Supreme Court prescribes Federal Rules of Evidence pursuant to 
section 2072 of Title 28, United States Code, as enacted by Title IV 
``Rules Enabling Act'' of Pub. L. 100-702 (approved November 19, 1988, 
102 Stat. 4648), effective December 1, 1988, and section 2075 of Title 
28. Pursuant to section 2074 of Title 28, the Supreme Court transmits to 
Congress (not later than May 1 of the year in which a rule prescribed 
under section 2072 is to become effective) a copy of the proposed rule. 
The rule takes effect no earlier than December 1 of the year in which 
the rule is transmitted unless otherwise provided by law.
    Pursuant to sections 3402, 3771, and 3772 of Title 18, United States 
Code, and sections 2072 and 2075 of Title 28, United States Code, as 
then in effect, the Supreme Court through the Chief Justice submitted 
Federal Rules of Evidence to Congress on February 5, 1973 (409 U.S. 
1132; Cong. Rec., vol. 119, pt. 3, p. 3247, Exec. Comm. 359, H. Doc. 93-
46). To allow additional time for Congress to review the proposed rules, 
Public Law 93-12 (approved March 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''.
    Public Law 93-595 \1\ (approved January 2, 1975, 88 Stat. 1926) 
enacted the Federal Rules of Evidence proposed by the Supreme Court, 
with amendments made by Congress, to be effective July 1, 1975.
---------------------------------------------------------------------------
    \1\ LEGISLATIVE HISTORY:

    HOUSE REPORTS: No. 93-650 (Comm. on the Judiciary) and No. 93-1597
                                    (Comm. of Conference).
    SENATE REPORT No. 93-1277 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 120 (1974):
        Jan. 30, Feb. 6, considered and passed House.
        Nov. 21, 22, considered and passed Senate, amended.
        Dec. 16, Senate agreed to conference report.
        Dec. 17, 18, House agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 1:
        Jan. 3, 1975, Presidential statement.
---------------------------------------------------------------------------
    Section 1 of Public Law 94-113 (approved October 16, 1975, 89 Stat. 
576) added clause (C) to Rule 801(d)(1), effective October 31, 1975.
    Section 1 of Public Law 94-149 (approved December 12, 1975, 89 Stat. 
805) enacted technical amendments which affected the Table of Contents 
and Rules 410, 606(b), 803(23), 804(b)(3), and 1101(e).
    Section 2 of Public Law 95-540 (approved October 28, 1978, 92 Stat. 
2046) added Rule 412 and inserted item 412 in the Table of Contents. The 
amendments apply to trials that begin more than thirty days after 
October 28, 1978.
    Section 251 of Public Law 95-598 (approved November 6, 1978, 92 
Stat. 2673) amended Rule 1101(a) and (b) by striking out ``, referees in 
bankruptcy,'' and by substituting ``title 11, United States Code'' for 
``the Bankruptcy Act'', effective October 1, 1979, pursuant to section 
402(c) of Public Law 95-598.
    Section 252 of Public Law 95-598 would have amended Rule 1101(a) by 
inserting ``the United States Bankruptcy Courts,'' immediately after 
``the United States district courts,'', effective April 1, 1984, 
pursuant to section 402(b) of Public Law 95-598. However, following a 
series of amendments (extending the April 1, 1984, effective date) by 
Public Laws 98-249, Sec. 1(a), 98-271, Sec. 1(a), 98-299, Sec. 1(a), 98-
325, Sec. 1(a), and 98-353, Sec. 121(a), section 402(b) of Public Law 
95-598 was amended by section 113 of Public Law 98-353 to provide that 
the amendment ``shall not be effective''.
    An amendment to Rule 410 was proposed by the Supreme Court by order 
dated April 30, 1979, transmitted to Congress by the Chief Justice on 
the same day (441 U.S. 970, 1007; Cong. Rec., vol. 125, pt. 8, p. 9366, 
Exec. Comm. 1456; H. Doc. 96-112), and was to be effective August 1, 
1979. Public Law 96-42 (approved July 31, 1979, 93 Stat. 326) delayed 
the effective date of the amendment to Rule 410 until December 1, 1980, 
or until and to the extent approved by Act of Congress, whichever is 
earlier. In the absence of further action by Congress, the amendment to 
Rule 410 became effective December 1, 1980.
    Sections 142 and 402 of Public Law 97-164 (approved April 2, 1982, 
96 Stat. 45, 57) amended Rule 1101(a), effective October 1, 1982.
    Section 406 of Public Law 98-473 (approved October 12, 1984, 98 
Stat. 2067) amended Rule 704.
    Additional amendments were adopted by the Court by order dated March 
2, 1987, transmitted to Congress by the Chief Justice on the same day 
(480 U.S. 1023; Cong. Rec., vol. 133, pt. 4, p. 4484, Exec. Comm. 713; 
H. Doc. 100-41), and became effective October 1, 1987. The amendments 
affected Rules 101, 104(c), (d), 106, 404(a)(1), (b), 405(b), 411, 602 
to 604, 606, 607, 608(b), 609(a), 610, 611(c), 612, 613, 615, 701, 703, 
705, 706(a), 801(a), (d), 803(5), (18), (19), (21), (24), 804(a), 
(b)(2), (3), (5), 806, 902(2), (3), 1004(3), 1007, and 1101(a).
    Additional amendments were adopted by the Court by order dated April 
25, 1988, transmitted to Congress by the Chief Justice on the same day 
(485 U.S. 1049; Cong. Rec., vol. 134, pt. 7, p. 9154, Exec. Comm. 3517; 
H. Doc. 100-187), and became effective November 1, 1988. The amendments 
affected Rules 101, 602, 608(b), 613(b), 615, 902(3), and 1101(a), (e).
    Sections 7046 and 7075 of Public Law 100-690 (approved November 18, 
1988, 102 Stat. 4400, 4405) amended the Tables of Contents and Rules 
412, 615, 804(a)(5), and 1101(a). Section 7075(a) of Public Law 100-690, 
which directed the amendment of Rule 615 by inserting ``a'' before 
``party which is not a natural person.'', could not be executed because 
``party which is not a natural person.'' did not appear. However, the 
word ``a'' was inserted by the intervening amendment adopted by the 
Court by order dated April 25, 1988, effective November 1, 1988. Section 
7075(c)(1) of Public Law 100-690, which directed the amendment of Rule 
1101(a) by striking ``Rules'' and inserting ``rules'', could not be 
executed because of the intervening amendment adopted by the Court by 
order dated April 25, 1988, effective November 1, 1988.
    An additional amendment was adopted by the Court by order dated 
January 26, 1990, transmitted to Congress by the Chief Justice on the 
same day (493 U.S. 1175; Cong. Rec., vol. 136, pt. 1, p. 662, Exec. 
Comm. 2370; H. Doc. 101-142), and became effective December 1, 1990. The 
amendment affected Rule 609(a).
    Additional amendments were adopted by the Court by order dated April 
30, 1991, transmitted to Congress by the Chief Justice on the same day 
(500 U.S. 1001; Cong. Rec., vol. 137, pt. 7, p. 9721, Ex. Comm. 1189; H. 
Doc. 102-76), and became effective December 1, 1991. The amendments 
affected Rules 404(b) and 1102.
    Additional amendments were adopted by the Court by order dated April 
22, 1993, transmitted to Congress by the Chief Justice on the same day 
(507 U.S. 1187; Cong. Rec., vol. 139, pt. 6, p. 8127, Ex. Comm. 1104; H. 
Doc. 103-76), and became effective December 1, 1993. The amendments 
affected Rules 101, 705, and 1101(a), (e).
    An additional amendment was adopted by the Court by order dated 
April 29, 1994, and transmitted to Congress by the Chief Justice on the 
same day (511 U.S. 1187; Cong. Rec., vol. 140, pt. 7, p. 8903, Ex. Comm. 
3085; H. Doc. 103-250). The amendment affected Rule 412 and was to 
become effective December 1, 1994. Section 40141(a) of Public Law 103-
322 (approved September 13, 1994, 108 Stat. 1918) provided that such 
amendment would take effect on December 1, 1994, but with the general 
amendment of Rule 412 made by section 40141(b) of Public Law 103-322.
    Section 320935(a) of Public Law 103-322 (approved September 13, 
1994, 108 Stat. 2135) amended the Federal Rules of Evidence by adding 
Rules 413 to 415, with provisions in section 320935(b)-(e) of Public Law 
103-322 relating to the effective date and application of such rules. 
Pursuant to Pub. L. 103-322, Sec. 320935(c), the Judicial Conference 
transmitted a report to Congress on February 9, 1995, containing 
recommendations different from the amendments made by Pub. L. 103-322, 
Sec. 320935(a). Congress did not adopt the recommendations submitted or 
provide otherwise by law. Accordingly, Rules 413 to 415, as so added, 
became effective on July 9, 1995.
    Additional amendments were adopted by the Court by order dated April 
11, 1997, transmitted to Congress by the Chief Justice on the same day 
(520 U.S. 1323; Cong. Rec., vol. 143, pt. 4, p. 5550, Ex. Comm. 2798; H. 
Doc. 105-69), and became effective December 1, 1997. The amendments 
affected Rules 407, 801, 803, 804, and 806 and added Rule 807.
    Additional amendments were adopted by the Court by order dated April 
24, 1998, transmitted to Congress by the Chief Justice on the same day 
(523 U.S. 1235; Cong. Rec., vol. 144, pt. 6, p. 8151, Ex. Comm. 8996 to 
Ex. Comm. 8998; H. Doc. 105-268), and became effective December 1, 1998. 
The amendments affected Rule 615.
    Additional amendments were adopted by the Court by order dated April 
17, 2000, transmitted to Congress by the Chief Justice on the same day 
(529 U.S. 1189; Cong. Rec., vol. 146, pt. 5, p. 6328, Ex. Comm. 7333; H. 
Doc. 106-225), and became effective December 1, 2000. The amendments 
affected Rules 103, 404, 701, 702, 703, 803, and 902.
    An additional amendment was adopted by the Court by order dated 
March 27, 2003, transmitted to Congress by the Chief Justice on the same 
day (538 U.S. 1097; Cong. Rec., vol. 149, pt. 6, p. 7689, Ex. Comm. 
1494; H. Doc. 108-57), and became effective December 1, 2003. The 
amendment affected Rule 608.
    Additional amendments were adopted by the Court by order dated April 
12, 2006, transmitted to Congress by the Chief Justice on the same day 
(547 U.S. 1281; Cong. Rec., vol. 152, pt. 6, p. 7213, Ex. Comm. 7320; H. 
Doc. 109-108), and became effective December 1, 2006. The amendments 
affected Rules 404, 408, 606, and 609.
    Section 1 of Public Law 110-322 (approved September 19, 2008, 122 
Stat. 3537) added Rule 502 and inserted item 502 in the Table of 
Contents. The amendments apply in all proceedings commenced after 
September 19, 2008, and, insofar as is just and practicable, in all 
proceedings pending on that date.
    An additional amendment was adopted by the Court by order dated 
April 28, 2010, transmitted to Congress by the Chief Justice on the same 
day (559 U.S.----; Cong. Rec., vol. 156, p. H3481, Daily Issue, Ex. 
Comm. 7475; H. Doc. 111-113), and became effective December 1, 2010. The 
amendment affected Rule 804.
    Additional amendments were adopted by the Court by order dated April 
26, 2011, transmitted to Congress by the Chief Justice on the same day 
(563 U.S.----; Cong. Rec., vol. 157, p. H3407, Daily Issue, Ex. Comm. 
1662; H. Doc. 112-28), and became effective December 1, 2011. The 
amendments affected Rules 101 to 1103.

                             Committee Notes

    Committee Notes prepared by the Committee on Rules of Practice and 
Procedure and the Advisory Committee on the Federal Rules of Evidence, 
Judicial Conference of the United States, explaining the purpose and 
intent of the amendments are set out in the Appendix to Title 28, United 
States Code, following the particular rule to which they relate. In 
addition, the notes are set out in the House documents listed above.
                                CONTENTS

                            TABLE OF CONTENTS

                               ____

                                                                    Page
Foreword......................................................       iii
Authority for promulgation of rules...........................         v
Historical note...............................................       vii

                                  RULES

Article I. General Provisions:
        Rule 101. Scope; definitions...................................1
        Rule 102. Purpose..............................................1
        Rule 103. Rulings on evidence..................................1
        Rule 104. Preliminary questions................................2
        Rule 105. Limiting evidence that is not admissible against other 
                        parties or for other purposes..................2
        Rule 106. Remainder of or related writings or recorded 
                        statements.....................................2
Article II. Judicial Notice:
        Rule 201. Judicial notice of adjudicative facts................3
Article III. Presumptions in Civil Cases:
        Rule 301. Presumptions in civil cases generally................3
        Rule 302. Applying State law to presumptions in civil cases....3
Article IV. Relevance and Its Limits:
        Rule 401. Test for relevant evidence...........................3
        Rule 402. General admissibility of relevant evidence...........4
        Rule 403. Excluding relevant evidence for prejudice, confusion, 
                        waste of time, or other reasons................4
        Rule 404. Character evidence; crimes or other acts.............4
        Rule 405. Methods of proving character.........................5
        Rule 406. Habit; routine practice..............................5
        Rule 407. Subsequent remedial measures.........................5
        Rule 408. Compromise offers and negotiations...................5
        Rule 409. Offers to pay medical and similar expenses...........6
        Rule 410. Pleas, plea discussions, and related statements......6
        Rule 411. Liability insurance..................................6
        Rule 412. Sex-offense cases: the victim's sexual behavior or 
                        predisposition.................................7
        Rule 413. Similar crimes in sexual-assault cases...............7
        Rule 414. Similar crimes in child-molestation cases............8
        Rule 415. Similar acts in civil cases involving sexual assault 
                        or child molestation...........................9
Article V. Privileges:
        Rule 501. Privilege in general.................................9
        Rule 502. Attorney-client privilege and work product; 
                        limitations on waiver..........................9
Article VI. Witnesses:
        Rule 601. Competency to testify in general....................10
        Rule 602. Need for personal knowledge.........................10
        Rule 603. Oath or affirmation to testify truthfully...........10
        Rule 604. Interpreter.........................................11
        Rule 605. Judge's competency as a witness.....................11
        Rule 606. Juror's competency as a witness.....................11
        Rule 607. Who may impeach a witness...........................11
        Rule 608. A witness's character for truthfulness or 
                        untruthfulness................................11
        Rule 609. Impeachment by evidence of a criminal conviction....12
        Rule 610. Religious beliefs or opinions.......................13
        Rule 611. Mode and order of examining witnesses and presenting 
                        evidence......................................13

  

Article VI. Witnesses--Continued

Page

        Rule 612. Writing used to refresh a witness's memory..........13
        Rule 613. Witness's prior statement...........................14
        Rule 614. Court's calling or examining a witness..............14
        Rule 615. Excluding witnesses.................................14
Article VII. Opinions and Expert Testimony:
        Rule 701. Opinion testimony by lay witnesses..................15
        Rule 702. Testimony by expert witnesses.......................15
        Rule 703. Bases of an expert's opinion testimony..............15
        Rule 704. Opinion on an ultimate issue........................15
        Rule 705. Disclosing the facts or data underlying an expert's 
                        opinion.......................................16
        Rule 706. Court-appointed expert witnesses....................16
Article VIII. Hearsay:
        Rule 801. Definitions that apply to this article; exclusions 
                        from hearsay..................................16
        Rule 802. The rule against hearsay............................17
        Rule 803. Exceptions to the rule against hearsay--regardless of 
                        whether the declarant is available as a witnes17
        Rule 804. Exceptions to the rule against hearsay--when the 
                        declarant is unavailable as a witness.........20
        Rule 805. Hearsay within hearsay..............................22
        Rule 806. Attacking and supporting the declarant's credibility22
        Rule 807. Residual exception..................................22
Article IX. Authentication and Identification:
        Rule 901. Authenticating or identifying evidence..............23
        Rule 902. Evidence that is self-authenticating................24
        Rule 903. Subscribing witness's testimony.....................25

Article X. Contents of Writings, Recordings, and Photographs:

        Rule 1001. Definitions that apply to this article.............25
        Rule 1002. Requirement of the original........................26
        Rule 1003. Admissibility of duplicates........................26
        Rule 1004. Admissibility of other evidence of content.........26
        Rule 1005. Copies of public records to prove content..........26
        Rule 1006. Summaries to prove content.........................27
        Rule 1007. Testimony or statement of a party to prove content.27
        Rule 1008. Functions of the court and jury....................27
Article XI. Miscellaneous Rules:
        Rule 1101. Applicability of the rules.........................27
        Rule 1102. Amendments.........................................28
        Rule 1103. Title..............................................28

                        FEDERAL RULES OF EVIDENCE

                        FEDERAL RULES OF EVIDENCE

         Effective July 1, 1975, as amended to December 1, 2011


                      ARTICLE I. GENERAL PROVISIONS

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;
            (3) ``public office'' includes a public agency;
            (4) ``record'' includes a memorandum, report, or data 
        compilation;
            (5) a ``rule prescribed by the Supreme Court'' means a rule 
        adopted by the Supreme Court under statutory authority; and
            (6) a reference to any kind of written material or any other 
        medium includes electronically stored information.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 26, 2011, eff. Dec. 1, 
2011.)
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.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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
                    (B) states the specific ground, unless it was 
                apparent from the context; or
            (2) if the ruling excludes evidence, a party informs the 
        court of its substance by an offer of proof, unless the 
        substance was apparent from the context.
    (b) Not Needing to Renew an Objection or Offer of Proof. Once the 
court rules definitively on the record--either before or at trial--a 
party need not renew an objection or offer of proof to preserve a claim 
of error for appeal.
    (c) Court's Statement About the Ruling; Directing an Offer of Proof. 
The court may make any statement about the character or form of the 
evidence, the objection made, and the ruling. The court may direct that 
an offer of proof be made in question-and-answer form.
    (d) Preventing the Jury from Hearing Inadmissible Evidence. To the 
extent practicable, the court must conduct a jury trial so that 
inadmissible evidence is not suggested to the jury by any means.
    (e)  Taking Notice of Plain Error. A court may take notice of a 
plain error affecting a substantial right, even if the claim of error 
was not properly preserved.
(As amended Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 
1, 2011.)
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 on whether a fact exists, proof must be introduced sufficient to 
support a finding that the fact does exist. The court may admit the 
proposed evidence on the condition that the proof be introduced later.
    (c) Conducting a Hearing So That the Jury Cannot Hear It. The court 
must conduct any hearing on a preliminary question so that the jury 
cannot hear it if:
            (1) the hearing involves the admissibility of a confession;
            (2) a defendant in a criminal case is a witness and so 
        requests; or
            (3) justice so requires.
    (d) Cross-Examining a Defendant in a Criminal Case. By testifying on 
a preliminary question, a defendant in a criminal case does not become 
subject to cross-examination on other issues in the case.
    (e) Evidence Relevant to Weight and Credibility. This rule does not 
limit a party's right to introduce before the jury evidence that is 
relevant to the weight or credibility of other evidence.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
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 instruct the jury accordingly.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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--or any other writing or recorded statement--that in 
fairness ought to be considered at the same time.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)


                       ARTICLE II. JUDICIAL NOTICE

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 court's territorial 
        jurisdiction; or
            (2) can be accurately and readily determined from sources 
        whose accuracy cannot reasonably be questioned.
    (c) Taking Notice. The court:
            (1) may take judicial notice on its own; or
            (2) must take judicial notice if a party requests it and the 
        court is supplied with the necessary information.
    (d) Timing. The court may take judicial notice at any stage of the 
proceeding.
    (e) Opportunity to Be Heard. On timely request, a party is entitled 
to be heard on the propriety of taking judicial notice and the nature of 
the fact to be noticed. If the court takes judicial notice before 
notifying a party, the party, on request, is still entitled to be heard.
    (f) Instructing the Jury. In a civil case, the court must instruct 
the jury to accept the noticed fact as conclusive. In a criminal case, 
the court must instruct the jury that it may or may not accept the 
noticed fact as conclusive.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)


                ARTICLE III. PRESUMPTIONS IN CIVIL CASES

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 it originally.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)


                  ARTICLE IV. RELEVANCE AND ITS LIMITS

Rule 401
. Test for Relevant Evidence______________________________________
    Evidence is relevant if:
            (a) it has any tendency to make a fact more or less probable 
        than it would be without the evidence; and
            (b) the fact is of consequence in determining the action.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 402
. General Admissibility of Relevant Evidence______________________
    Relevant evidence is admissible unless any of the following provides 
otherwise:
               the United States Constitution;
               a federal statute;
               these rules; or
               other rules prescribed by the Supreme Court.
    Irrelevant evidence is not admissible.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 403
. Excluding Relevant Evidence for Prejudice, Confusion, Waste of 
Time, or Other Reasons__________________________________________________
    The court may exclude relevant evidence if its probative value is 
substantially outweighed by a danger of one or more of the following: 
unfair prejudice, confusing the issues, misleading the jury, undue 
delay, wasting time, or needlessly presenting cumulative evidence.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 404
. Character Evidence; Crimes or Other Acts________________________
    (a) Character Evidence.
            (1) Prohibited Uses. Evidence of a person's character or 
        character trait is not admissible to prove that on a particular 
        occasion the person acted in accordance with the character or 
        trait.
            (2) Exceptions for a Defendant or Victim in a Criminal Case. 
        The following exceptions apply in a criminal case:
                    (A) a defendant may offer evidence of the 
                defendant's pertinent trait, and if the evidence is 
                admitted, the prosecutor may offer evidence to rebut it;
                    (B) subject to the limitations in Rule 412, a 
                defendant may offer evidence of an alleged victim's 
                pertinent trait, and if the evidence is admitted, the 
                prosecutor may:
                            (i) offer evidence to rebut it; and
                            (ii) offer evidence of the defendant's same 
                        trait; and
                    (C) in a homicide case, the prosecutor may offer 
                evidence of the alleged victim's trait of peacefulness 
                to rebut evidence that the victim was the first 
                aggressor.
            (3) Exceptions for a Witness. Evidence of a witness's 
        character may be admitted under Rules 607, 608, and 609.
    (b) Crimes, Wrongs, or Other Acts.
            (1) Prohibited Uses. Evidence of a crime, wrong, or other 
        act is not admissible to prove a person's character in order to 
        show that on a particular occasion the person acted in 
        accordance with the character.
            (2) Permitted Uses; Notice in a Criminal Case. This evidence 
        may be admissible for another purpose, such as proving motive, 
        opportunity, intent, preparation, plan, knowledge, identity, 
        absence of mistake, or lack of accident. On request by a 
        defendant in a criminal case, the prosecutor must:
                    (A) provide reasonable notice of the general nature 
                of any such evidence that the prosecutor intends to 
                offer at trial; and
                    (B) do so before trial--or during trial if the 
                court, for good cause, excuses lack of pretrial notice.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 
1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 12, 2006, eff. Dec. 1, 
2006; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 405
. Methods of Proving Character____________________________________
    (a) By Reputation or Opinion. When evidence of a person's character 
or character trait is admissible, it may be proved by testimony about 
the person's reputation or by testimony in the form of an opinion. On 
cross-examination of the character witness, the court may allow an 
inquiry into relevant specific instances of the person's conduct.
    (b) By Specific Instances of Conduct. When a person's character or 
character trait is an essential element of a charge, claim, or defense, 
the character or trait may also be proved by relevant specific instances 
of the person's conduct.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 406
. Habit; Routine Practice_________________________________________
    Evidence of a person's habit or an organization's routine practice 
may be admitted to prove that on a particular occasion the person or 
organization acted in accordance with the habit or routine practice. The 
court may admit this evidence regardless of whether it is corroborated 
or whether there was an eyewitness.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 407
. Subsequent Remedial Measures____________________________________
    When measures are taken that would have made an earlier injury or 
harm less likely to occur, evidence of the subsequent measures is not 
admissible to prove:
               negligence;
               culpable conduct;
               a defect in a product or its design; or
               a need for a warning or instruction.
    But the court may admit this evidence for another purpose, such as 
impeachment or--if disputed--proving ownership, control, or the 
feasibility of precautionary measures.
(As amended Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 2011, eff. Dec. 
1, 2011.)
Rule 408
. Compromise Offers and Negotiations______________________________
    (a) Prohibited Uses. Evidence of the following is not admissible--on 
behalf of any party--either to prove or disprove the validity or amount 
of a disputed claim or to impeach by a prior inconsistent statement or a 
contradiction:
            (1) furnishing, promising, or offering--or accepting, 
        promising to accept, or offering to accept--a valuable 
        consideration in compromising or attempting to compromise the 
        claim; and
            (2) conduct or a statement made during compromise 
        negotiations about the claim--except when offered in a criminal 
        case and when the negotiations related to a claim by a public 
        office in the exercise of its regulatory, investigative, or 
        enforcement authority.
    (b) Exceptions. The court may admit this evidence for another 
purpose, such as proving a witness's bias or prejudice, negating a 
contention of undue delay, or proving an effort to obstruct a criminal 
investigation or prosecution.
 (As amended Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 
1, 2011.)
Rule 409
. Offers to Pay Medical and Similar Expenses______________________
    Evidence of furnishing, promising to pay, or offering to pay 
medical, hospital, or similar expenses resulting from an injury is not 
admissible to prove liability for the injury.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 410
. Pleas, Plea Discussions, and Related Statements_________________
    (a) Prohibited Uses. In a civil or criminal case, evidence of the 
following is not admissible against the defendant who made the plea or 
participated in the plea discussions:
            (1) a guilty plea that was later withdrawn;
            (2) a nolo contendere plea;
            (3) a statement made during a proceeding on either of those 
        pleas under Federal Rule of Criminal Procedure 11 or a 
        comparable state procedure; or
            (4) a statement made during plea discussions with an 
        attorney for the prosecuting authority if the discussions did 
        not result in a guilty plea or they resulted in a later-
        withdrawn guilty plea.
    (b) Exceptions. The court may admit a statement described in Rule 
410(a)(3) or (4):
            (1) in any proceeding in which another statement made during 
        the same plea or plea discussions has been introduced, if in 
        fairness the statements ought to be considered together; or
            (2) in a criminal proceeding for perjury or false statement, 
        if the defendant made the statement under oath, on the record, 
        and with counsel present.
(As amended Pub. L. 94-149, Sec. 1(9), Dec. 12, 1975, 89 Stat. 805; Apr. 
30, 1979, eff. Dec. 1, 1980; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 411
. Liability Insurance_____________________________________________
    Evidence that a person was or was not insured against liability is 
not admissible to prove whether the person acted negligently or 
otherwise wrongfully. But the court may admit this evidence for another 
purpose, such as proving a witness's bias or prejudice or proving 
agency, ownership, or control.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 412
. Sex-Offense Cases: The Victim's Sexual Behavior or 
Predisposition__________________________________________________________
    (a) Prohibited Uses. The following evidence is not admissible in a 
civil or criminal proceeding involving alleged sexual misconduct:
            (1) evidence offered to prove that a victim engaged in other 
        sexual behavior; or
            (2) evidence offered to prove a victim's sexual 
        predisposition.
    (b) Exceptions.
            (1) Criminal Cases. The court may admit the following 
        evidence in a criminal case:
                    (A) evidence of specific instances of a victim's 
                sexual behavior, if offered to prove that someone other 
                than the defendant was the source of semen, injury, or 
                other physical evidence;
                    (B) evidence of specific instances of a victim's 
                sexual behavior with respect to the person accused of 
                the sexual misconduct, if offered by the defendant to 
                prove consent or if offered by the prosecutor; and
                    (C) evidence whose exclusion would violate the 
                defendant's constitutional rights.
            (2) Civil Cases. In a civil case, the court may admit 
        evidence offered to prove a victim's sexual behavior or sexual 
        predisposition if its probative value substantially outweighs 
        the danger of harm to any victim and of unfair prejudice to any 
        party. The court may admit evidence of a victim's reputation 
        only if the victim has placed it in controversy.
    (c) Procedure to Determine Admissibility.
            (1) Motion. If a party intends to offer evidence under Rule 
        412(b), the party must:
                    (A) file a motion that specifically describes the 
                evidence and states the purpose for which it is to be 
                offered;
                    (B) do so at least 14 days before trial unless the 
                court, for good cause, sets a different time;
                    (C) serve the motion on all parties; and
                    (D) notify the victim or, when appropriate, the 
                victim's guardian or representative.
            (2) Hearing. Before admitting evidence under this rule, the 
        court must conduct an in camera hearing and give the victim and 
        parties a right to attend and be heard. Unless the court orders 
        otherwise, the motion, related materials, and the record of the 
        hearing must be and remain sealed.
    (d) Definition of ``Victim.'' In this rule, ``victim'' includes an 
alleged victim.
(As added Pub. L. 95-540, Sec. 2(a), Oct. 28, 1978, 92 Stat. 2046, eff. 
Nov. 28, 1978; amended Pub. L. 100-690, title VII, Sec. 7046(a), Nov. 
18, 1988, 102 Stat. 4400; Apr. 29, 1994, eff. Dec. 1, 1994; Sept. 13, 
1994, eff. Dec. 1, 1994; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 413
. Similar Crimes in Sexual-Assault Cases__________________________
    (a) Permitted Uses. In a criminal case in which a defendant is 
accused of a sexual assault, the court may admit evidence that the 
defendant committed any other sexual assault. The evidence may be 
considered on any matter to which it is relevant.
    (b) Disclosure to the Defendant. If the prosecutor intends to offer 
this evidence, the prosecutor must disclose it to the defendant, 
including witnesses' statements or a summary of the expected testimony. 
The prosecutor must do so at least 15 days before trial or at a later 
time that the court allows for good cause.
    (c) Effect on Other Rules. This rule does not limit the admission or 
consideration of evidence under any other rule.
    (d) Definition of ``Sexual Assault.'' In this rule and Rule 415, 
``sexual assault'' means a crime under federal law or under state law 
(as ``state'' is defined in 18 U.S.C. Sec. 513) involving:
            (1) any conduct prohibited by 18 U.S.C. chapter 109A;
            (2) contact, without consent, between any part of the 
        defendant's body--or an object--and another person's genitals or 
        anus;
            (3) contact, without consent, between the defendant's 
        genitals or anus and any part of another person's body;
            (4) deriving sexual pleasure or gratification from 
        inflicting death, bodily injury, or physical pain on another 
        person; or
            (5) an attempt or conspiracy to engage in conduct described 
        in subparagraphs (1)-(4).
(As added Pub. L. 103-322, title XXXII, Sec. 320935(a), Sept. 13, 1994, 
108 Stat. 2136, eff. July 9, 1995; amended Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 414
. Similar Crimes in Child-Molestation Cases_______________________
    (a) Permitted Uses. In a criminal case in which a defendant is 
accused of child molestation, the court may admit evidence that the 
defendant committed any other child molestation. The evidence may be 
considered on any matter to which it is relevant.
    (b) Disclosure to the Defendant. If the prosecutor intends to offer 
this evidence, the prosecutor must disclose it to the defendant, 
including witnesses' statements or a summary of the expected testimony. 
The prosecutor must do so at least 15 days before trial or at a later 
time that the court allows for good cause.
    (c) Effect on Other Rules. This rule does not limit the admission or 
consideration of evidence under any other rule.
    (d) Definition of ``Child'' and ``Child Molestation.'' In this rule 
and Rule 415:
            (1) ``child'' means a person below the age of 14; and
            (2) ``child molestation'' means a crime under federal law or 
        under state law (as ``state'' is defined in 18 U.S.C. Sec. 513) 
        involving:
                    (A) any conduct prohibited by 18 U.S.C. chapter 109A 
                and committed with a child;
                    (B) any conduct prohibited by 18 U.S.C. chapter 110;
                    (C) contact between any part of the defendant's 
                body--or an object--and a child's genitals or anus;
                    (D) contact between the defendant's genitals or anus 
                and any part of a child's body;
                    (E) deriving sexual pleasure or gratification from 
                inflicting death, bodily injury, or physical pain on a 
                child; or
                    (F) an attempt or conspiracy to engage in conduct 
                described in subparagraphs (A)-(E).
(As added Pub. L. 103-322, title XXXII, Sec. 320935(a), Sept. 13, 1994, 
108 Stat. 2136, eff. July 9, 1995; amended Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 415
. Similar Acts in Civil Cases Involving Sexual Assault or Child 
Molestation_____________________________________________________________
    (a) Permitted Uses. In a civil case involving a claim for relief 
based on a party's alleged sexual assault or child molestation, the 
court may admit evidence that the party committed any other sexual 
assault or child molestation. The evidence may be considered as provided 
in Rules 413 and 414.
    (b) Disclosure to the Opponent. If a party intends to offer this 
evidence, the party must disclose it to the party against whom it will 
be offered, including witnesses' statements or a summary of the expected 
testimony. The party must do so at least 15 days before trial or at a 
later time that the court allows for good cause.
    (c) Effect on Other Rules. This rule does not limit the admission or 
consideration of evidence under any other rule.
(As added Pub. L. 103-322, title XXXII, Sec. 320935(a), Sept. 13, 1994, 
108 Stat. 2137, eff. July 9, 1995; amended Apr. 26, 2011, eff. Dec. 1, 
2011.)


                          ARTICLE V. PRIVILEGES

Rule 501
. Privilege in General____________________________________________
    The common law--as interpreted by United States courts in the light 
of reason and experience--governs a claim of privilege unless any of the 
following provides otherwise:
               the United States Constitution;
               a federal statute; or
               rules prescribed by the Supreme Court.
    But in a civil case, state law governs privilege regarding a claim 
or defense for which state law supplies the rule of decision.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 502
. Attorney-Client Privilege and Work Product; Limitations on 
Waiver__________________________________________________________________
    The following provisions apply, in the circumstances set out, to 
disclosure of a communication or information covered by the attorney-
client privilege or work-product protection.
    (a) Disclosure Made in a Federal Proceeding or to a Federal Office 
or Agency; Scope of a Waiver. When the disclosure is made in a federal 
proceeding or to a federal office or agency and waives the attorney-
client privilege or work-product protection, the waiver extends to an 
undisclosed communication or information in a federal or state 
proceeding only if:
            (1) the waiver is intentional;
            (2) the disclosed and undisclosed communications or 
        information concern the same subject matter; and
            (3) they ought in fairness to be considered together.
    (b) Inadvertent Disclosure. When made in a federal proceeding or to 
a federal office or agency, the disclosure does not operate as a waiver 
in a federal or state proceeding if:
            (1) the disclosure is inadvertent;
            (2) the holder of the privilege or protection took 
        reasonable steps to prevent disclosure; and
            (3) the holder promptly took reasonable steps to rectify the 
        error, including (if applicable) following Federal Rule of Civil 
        Procedure 26(b)(5)(B).
    (c) Disclosure Made in a State Proceeding. When the disclosure is 
made in a state proceeding and is not the subject of a state-court order 
concerning waiver, the disclosure does not operate as a waiver in a 
federal proceeding if the disclosure:
            (1) would not be a waiver under this rule if it had been 
        made in a federal proceeding; or
            (2) is not a waiver under the law of the state where the 
        disclosure occurred.
    (d) Controlling Effect of a Court Order. A federal court may order 
that the privilege or protection is not waived by disclosure connected 
with the litigation pending before the court--in which event the 
disclosure is also not a waiver in any other federal or state 
proceeding.
    (e) Controlling Effect of a Party Agreement. An agreement on the 
effect of disclosure in a federal proceeding is binding only on the 
parties to the agreement, unless it is incorporated into a court order.
    (f) Controlling Effect of this Rule. Notwithstanding Rules 101 and 
1101, this rule applies to state proceedings and to federal court-
annexed and federal court-mandated arbitration proceedings, in the 
circumstances set out in the rule. And notwithstanding Rule 501, this 
rule applies even if state law provides the rule of decision.
    (g) Definitions. In this rule:
            (1) ``attorney-client privilege'' means the protection that 
        applicable law provides for confidential attorney-client 
        communications; and
            (2) ``work-product protection'' means the protection that 
        applicable law provides for tangible material (or its intangible 
        equivalent) prepared in anticipation of litigation or for trial.
(As added Pub. L. 110-322, Sec. 1(a), Sept. 19, 2008, 122 Stat. 3537; 
amended Apr. 26, 2011, eff. Dec. 1, 2011.)


                          ARTICLE VI. WITNESSES

Rule 601
. Competency to Testify in General________________________________
    Every person is competent to be a witness unless these rules provide 
otherwise. But in a civil case, state law governs the witness's 
competency regarding a claim or defense for which state law supplies the 
rule of decision.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 602
. Need for Personal Knowledge_____________________________________
    A witness may testify to a matter only if evidence is introduced 
sufficient to support a finding that the witness has personal knowledge 
of the matter. Evidence to prove personal knowledge may consist of the 
witness's own testimony. This rule does not apply to a witness's expert 
testimony under Rule 703.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 603
. Oath or Affirmation to Testify Truthfully_______________________
    Before testifying, a witness must give an oath or affirmation to 
testify truthfully. It must be in a form designed to impress that duty 
on the witness's conscience.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 604
. Interpreter_____________________________________________________
    An interpreter must be qualified and must give an oath or 
affirmation to make a true translation.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 605
. Judge's Competency as a Witness_________________________________
    The presiding judge may not testify as a witness at the trial. A 
party need not object to preserve the issue.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 606
. Juror's Competency as a Witness_________________________________
    (a) At the Trial. A juror may not testify as a witness before the 
other jurors at the trial. If a juror is called to testify, the court 
must give a party an opportunity to object outside the jury's presence.
    (b) During an Inquiry into the Validity of a Verdict or Indictment.
            (1) Prohibited Testimony or Other Evidence. During an 
        inquiry into the validity of a verdict or indictment, a juror 
        may not testify about any statement made or incident that 
        occurred during the jury's deliberations; the effect of anything 
        on that juror's or another juror's vote; or any juror's mental 
        processes concerning the verdict or indictment. The court may 
        not receive a juror's affidavit or evidence of a juror's 
        statement on these matters.
            (2) Exceptions. A juror may testify about whether:
                    (A) extraneous prejudicial information was 
                improperly brought to the jury's attention;
                    (B) an outside influence was improperly brought to 
                bear on any juror; or
                    (C) a mistake was made in entering the verdict on 
                the verdict form.
(As amended Pub. L. 94-149, Sec. 1(10), Dec. 12, 1975, 89 Stat. 805; 
Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 
26, 2011, eff. Dec. 1, 2011.)
Rule 607
. Who May Impeach a Witness_______________________________________
    Any party, including the party that called the witness, may attack 
the witness's credibility.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 608
. A Witness's Character for Truthfulness or Untruthfulness________
    (a) Reputation or Opinion Evidence. A witness's credibility may be 
attacked or supported by testimony about the witness's reputation for 
having a character for truthfulness or untruthfulness, or by testimony 
in the form of an opinion about that character. But evidence of truthful 
character is admissible only after the witness's character for 
truthfulness has been attacked.
    (b) Specific Instances of Conduct. Except for a criminal conviction 
under Rule 609, extrinsic evidence is not admissible to prove specific 
instances of a witness's conduct in order to attack or support the 
witness's character for truthfulness. But the court may, on cross-
examination, allow them to be inquired into if they are probative of the 
character for truthfulness or untruthfulness of:
            (1) the witness; or
            (2) another witness whose character the witness being cross-
        examined has testified about.
    By testifying on another matter, a witness does not waive any 
privilege against self-incrimination for testimony that relates only to 
the witness's character for truthfulness.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 609
. Impeachment by Evidence of a Criminal Conviction________________
    (a) In General. The following rules apply to attacking a witness's 
character for truthfulness by evidence of a criminal conviction:
            (1) for a crime that, in the convicting jurisdiction, was 
        punishable by death or by imprisonment for more than one year, 
        the evidence:
                    (A) must be admitted, subject to Rule 403, in a 
                civil case or in a criminal case in which the witness is 
                not a defendant; and
                    (B) must be admitted in a criminal case in which the 
                witness is a defendant, if the probative value of the 
                evidence outweighs its prejudicial effect to that 
                defendant; and
            (2) for any crime regardless of the punishment, the evidence 
        must be admitted if the court can readily determine that 
        establishing the elements of the crime required proving--or the 
        witness's admitting--a dishonest act or false statement.
    (b) Limit on Using the Evidence After 10 Years. This subdivision (b) 
applies if more than 10 years have passed since the witness's conviction 
or release from confinement for it, whichever is later. Evidence of the 
conviction is admissible only if:
            (1) its probative value, supported by specific facts and 
        circumstances, substantially outweighs its prejudicial effect; 
        and
            (2) the proponent gives an adverse party reasonable written 
        notice of the intent to use it so that the party has a fair 
        opportunity to contest its use.
    (c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. 
Evidence of a conviction is not admissible if:
            (1) the conviction has been the subject of a pardon, 
        annulment, certificate of rehabilitation, or other equivalent 
        procedure based on a finding that the person has been 
        rehabilitated, and the person has not been convicted of a later 
        crime punishable by death or by imprisonment for more than one 
        year; or
            (2) the conviction has been the subject of a pardon, 
        annulment, or other equivalent procedure based on a finding of 
        innocence.
    (d) Juvenile Adjudications. Evidence of a juvenile adjudication is 
admissible under this rule only if:
            (1) it is offered in a criminal case;
            (2) the adjudication was of a witness other than the 
        defendant;
            (3) an adult's conviction for that offense would be 
        admissible to attack the adult's credibility; and
            (4) admitting the evidence is necessary to fairly determine 
        guilt or innocence.
    (e) Pendency of an Appeal. A conviction that satisfies this rule is 
admissible even if an appeal is pending. Evidence of the pendency is 
also admissible.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 
1990; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 610
. Religious Beliefs or Opinions___________________________________
    Evidence of a witness's religious beliefs or opinions is not 
admissible to attack or support the witness's credibility.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 611
. Mode and Order of Examining Witnesses and Presenting Evidence___
    (a) Control by the Court; Purposes. The court should exercise 
reasonable control over the mode and order of examining witnesses and 
presenting evidence so as to:
            (1) make those procedures effective for determining the 
        truth;
            (2) avoid wasting time; and
            (3) protect witnesses from harassment or undue 
        embarrassment.
    (b) Scope of Cross-Examination. Cross-examination should not go 
beyond the subject matter of the direct examination and matters 
affecting the witness's credibility. The court may allow inquiry into 
additional matters as if on direct examination.
    (c) Leading Questions. Leading questions should not be used on 
direct examination except as necessary to develop the witness's 
testimony. Ordinarily, the court should allow leading questions:
            (1) on cross-examination; and
            (2) when a party calls a hostile witness, an adverse party, 
        or a witness identified with an adverse party.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 612
. Writing Used to Refresh a Witness's Memory______________________
    (a) Scope. This rule gives an adverse party certain options when a 
witness uses a writing to refresh memory:
            (1) while testifying; or
            (2) before testifying, if the court decides that justice 
        requires the party to have those options.
    (b) Adverse Party's Options; Deleting Unrelated Matter. Unless 18 
U.S.C. Sec. 3500 provides otherwise in a criminal case, an adverse party 
is entitled to have the writing produced at the hearing, to inspect it, 
to cross-examine the witness about it, and to introduce in evidence any 
portion that relates to the witness's testimony. If the producing party 
claims that the writing includes unrelated matter, the court must 
examine the writing in camera, delete any unrelated portion, and order 
that the rest be delivered to the adverse party. Any portion deleted 
over objection must be preserved for the record.
    (c) Failure to Produce or Deliver the Writing. If a writing is not 
produced or is not delivered as ordered, the court may issue any 
appropriate order. But if the prosecution does not comply in a criminal 
case, the court must strike the witness's testimony or--if justice so 
requires--declare a mistrial.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
Rule 613
. Witness's Prior Statement_______________________________________
    (a) Showing or Disclosing the Statement During Examination. When 
examining a witness about the witness's prior statement, a party need 
not show it or disclose its contents to the witness. But the party must, 
on request, show it or disclose its contents to an adverse party's 
attorney.
    (b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic 
evidence of a witness's prior inconsistent statement is admissible only 
if the witness is given an opportunity to explain or deny the statement 
and an adverse party is given an opportunity to examine the witness 
about it, or if justice so requires. This subdivision (b) does not apply 
to an opposing party's statement under Rule 801(d)(2).
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 614
. Court's Calling or Examining a Witness__________________________
    (a) Calling. The court may call a witness on its own or at a party's 
request. Each party is entitled to cross-examine the witness.
    (b) Examining. The court may examine a witness regardless of who 
calls the witness.
    (c) Objections. A party may object to the court's calling or 
examining a witness either at that time or at the next opportunity when 
the jury is not present.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 615
. Excluding Witnesses_____________________________________________
    At a party's request, the court must order witnesses excluded so 
that they cannot hear other witnesses' testimony. Or the court may do so 
on its own. But this rule does not authorize excluding:
            (a) a party who is a natural person;
            (b) an officer or employee of a party that is not a natural 
        person, after being designated as the party's representative by 
        its attorney;
            (c) a person whose presence a party shows to be essential to 
        presenting the party's claim or defense; or
            (d) a person authorized by statute to be present.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Pub. L. 100-690, title VII, Sec. 7075(a), Nov. 18, 1988, 102 Stat. 
4405; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2011, eff. Dec. 1, 
2011.)


               ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 701
. Opinion Testimony by Lay Witnesses______________________________
    If a witness is not testifying as an expert, testimony in the form 
of an opinion is limited to one that is:
            (a) rationally based on the witness's perception;
            (b) helpful to clearly understanding the witness's testimony 
        or to determining a fact in issue; and
            (c) not based on scientific, technical, or other specialized 
        knowledge within the scope of Rule 702.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 
2000; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 702
. Testimony by Expert Witnesses___________________________________
    A witness who is qualified as an expert by knowledge, skill, 
experience, training, or education may testify in the form of an opinion 
or otherwise if:
            (a) the expert's scientific, technical, or other specialized 
        knowledge will help the trier of fact to understand the evidence 
        or to determine a fact in issue;
            (b) the testimony is based on sufficient facts or data;
            (c) the testimony is the product of reliable principles and 
        methods; and
            (d) the expert has reliably applied the principles and 
        methods to the facts of the case.
(As amended Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 
1, 2011.)
Rule 703
. Bases of an Expert's Opinion Testimony__________________________
    An expert may base an opinion on facts or data in the case that the 
expert has been made aware of or personally observed. If experts in the 
particular field would reasonably rely on those kinds of facts or data 
in forming an opinion on the subject, they need not be admissible for 
the opinion to be admitted. But if the facts or data would otherwise be 
inadmissible, the proponent of the opinion may disclose them to the jury 
only if their probative value in helping the jury evaluate the opinion 
substantially outweighs their prejudicial effect.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 
2000; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 704
. Opinion on an Ultimate Issue____________________________________
    (a) In General--Not Automatically Objectionable. An opinion is not 
objectionable just because it embraces an ultimate issue.
    (b) Exception. In a criminal case, an expert witness must not state 
an opinion about whether the defendant did or did not have a mental 
state or condition that constitutes an element of the crime charged or 
of a defense. Those matters are for the trier of fact alone.
(As amended Pub. L. 98-473, title II, Sec. 406, Oct. 12, 1984, 98 Stat. 
2067; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 705
. Disclosing the Facts or Data Underlying an Expert's Opinion_____
    Unless the court orders otherwise, an expert may state an opinion--
and give the reasons for it--without first testifying to the underlying 
facts or data. But the expert may be required to disclose those facts or 
data on cross-examination.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 706
. Court-Appointed Expert Witnesses________________________________
    (a) Appointment Process. On a party's motion or on its own, the 
court may order the parties to show cause why expert witnesses should 
not be appointed and may ask the parties to submit nominations. The 
court may appoint any expert that the parties agree on and any of its 
own choosing. But the court may only appoint someone who consents to 
act.
    (b) Expert's Role. The court must inform the expert of the expert's 
duties. The court may do so in writing and have a copy filed with the 
clerk or may do so orally at a conference in which the parties have an 
opportunity to participate. The expert:
            (1) must advise the parties of any findings the expert 
        makes;
            (2) may be deposed by any party;
            (3) may be called to testify by the court or any party; and
            (4) may be cross-examined by any party, including the party 
        that called the expert.
    (c) Compensation. The expert is entitled to a reasonable 
compensation, as set by the court. The compensation is payable as 
follows:
            (1) in a criminal case or in a civil case involving just 
        compensation under the Fifth Amendment, from any funds that are 
        provided by law; and
            (2) in any other civil case, by the parties in the 
        proportion and at the time that the court directs--and the 
        compensation is then charged like other costs.
    (d) Disclosing the Appointment to the Jury. The court may authorize 
disclosure to the jury that the court appointed the expert.
    (e) Parties' Choice of Their Own Experts. This rule does not limit a 
party in calling its own experts.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)


                          ARTICLE VIII. HEARSAY

Rule 801
. Definitions That Apply to This Article; Exclusions from Hearsay_
    (a) Statement. ``Statement'' means a person's oral assertion, 
written assertion, or nonverbal conduct, if the person intended it as an 
assertion.
    (b) Declarant. ``Declarant'' means the person who made the 
statement.
    (c) Hearsay. ``Hearsay'' means a statement that:
            (1) the declarant does not make while testifying at the 
        current trial or hearing; and
            (2) a party offers in evidence to prove the truth of the 
        matter asserted in the statement.
    (d) Statements That Are Not Hearsay. A statement that meets the 
following conditions is not hearsay:
            (1) A Declarant-Witness's Prior Statement. The declarant 
        testifies and is subject to cross-examination about a prior 
        statement, and the statement:
                    (A) is inconsistent with the declarant's testimony 
                and was given under penalty of perjury at a trial, 
                hearing, or other proceeding or in a deposition;
                    (B) is consistent with the declarant's testimony and 
                is offered to rebut an express or implied charge that 
                the declarant recently fabricated it or acted from a 
                recent improper influence or motive in so testifying; or
                    (C) identifies a person as someone the declarant 
                perceived earlier.
            (2) An Opposing Party's Statement. The statement is offered 
        against an opposing party and:
                    (A) was made by the party in an individual or 
                representative capacity;
                    (B) is one the party manifested that it adopted or 
                believed to be true;
                    (C) was made by a person whom the party authorized 
                to make a statement on the subject;
                    (D) was made by the party's agent or employee on a 
                matter within the scope of that relationship and while 
                it existed; or
                    (E) was made by the party's coconspirator during and 
                in furtherance of the conspiracy.
            The statement must be considered but does not by itself 
        establish the declarant's authority under (C); the existence or 
        scope of the relationship under (D); or the existence of the 
        conspiracy or participation in it under (E).
(As amended Pub. L. 94-113, Sec. 1, Oct. 16, 1975, 89 Stat. 576, eff. 
Oct. 31, 1975; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 
1, 1997; Apr. 26, 2011, eff. Dec. 1, 2011.)
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.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 803
. Exceptions to the Rule Against Hearsay--Regardless of Whether 
the Declarant Is Available as a Witness_________________________________
    The following are not excluded by the rule against hearsay, 
regardless of whether the declarant is available as a witness:
            (1) Present Sense Impression. A statement describing or 
        explaining an event or condition, made while or immediately 
        after the declarant perceived it.
            (2) Excited Utterance. A statement relating to a startling 
        event or condition, made while the declarant was under the 
        stress of excitement that it caused.
            (3) Then-Existing Mental, Emotional, or Physical Condition. 
        A statement of the declarant's then-existing state of mind (such 
        as motive, intent, or plan) or emotional, sensory, or physical 
        condition (such as mental feeling, pain, or bodily health), but 
        not including a statement of memory or belief to prove the fact 
        remembered or believed unless it relates to the validity or 
        terms of the declarant's will.
            (4) Statement Made for Medical Diagnosis or Treatment. A 
        statement that:
                    (A) is made for--and is reasonably pertinent to--
                medical diagnosis or treatment; and
                    (B) describes medical history; past or present 
                symptoms or sensations; their inception; or their 
                general cause.
            (5) Recorded Recollection. A record that:
                    (A) is on a matter the witness once knew about but 
                now cannot recall well enough to testify fully and 
                accurately;
                    (B) was made or adopted by the witness when the 
                matter was fresh in the witness's memory; and
                    (C) accurately reflects the witness's knowledge.
            If admitted, the record may be read into evidence but may be 
        received as an exhibit only if offered by an adverse party.
            (6) Records of a Regularly Conducted Activity. A record of 
        an act, event, condition, opinion, or diagnosis if:
                    (A) the record was made at or near the time by--or 
                from information transmitted by--someone with knowledge;
                    (B) the record was kept in the course of a regularly 
                conducted activity of a business, organization, 
                occupation, or calling, whether or not for profit;
                    (C) making the record was a regular practice of that 
                activity;
                    (D) all these conditions are shown by the testimony 
                of the custodian or another qualified witness, or by a 
                certification that complies with Rule 902(11) or (12) or 
                with a statute permitting certification; and
                    (E) neither the source of information nor the method 
                or circumstances of preparation indicate a lack of 
                trustworthiness.
            (7) Absence of a Record of a Regularly Conducted Activity. 
        Evidence that a matter is not included in a record described in 
        paragraph (6) if:
                    (A) the evidence is admitted to prove that the 
                matter did not occur or exist;
                    (B) a record was regularly kept for a matter of that 
                kind; and
                    (C) neither the possible source of the information 
                nor other circumstances indicate a lack of 
                trustworthiness.
            (8) Public Records. A record or statement of a public office 
        if:
                    (A) it sets out:
                            (i) the office's activities;
                            (ii) a matter observed while under a legal 
                        duty to report, but not including, in a criminal 
                        case, a matter observed by law-enforcement 
                        personnel; or
                            (iii) in a civil case or against the 
                        government in a criminal case, factual findings 
                        from a legally authorized investigation; and
                    (B) neither the source of information nor other 
                circumstances indicate a lack of trustworthiness.
            (9) Public Records of Vital Statistics. A record of a birth, 
        death, or marriage, if reported to a public office in accordance 
        with a legal duty.
            (10) Absence of a Public Record. Testimony--or a 
        certification under Rule 902--that a diligent search failed to 
        disclose a public record or statement if the testimony or 
        certification is admitted to prove that:
                    (A) the record or statement does not exist; or
                    (B) a matter did not occur or exist, if a public 
                office regularly kept a record or statement for a matter 
                of that kind.
            (11) Records of Religious Organizations Concerning Personal 
        or Family History. A statement of birth, legitimacy, ancestry, 
        marriage, divorce, death, relationship by blood or marriage, or 
        similar facts of personal or family history, contained in a 
        regularly kept record of a religious organization.
            (12) Certificates of Marriage, Baptism, and Similar 
        Ceremonies. A statement of fact contained in a certificate:
                    (A) made by a person who is authorized by a 
                religious organization or by law to perform the act 
                certified;
                    (B) attesting that the person performed a marriage 
                or similar ceremony or administered a sacrament; and
                    (C) purporting to have been issued at the time of 
                the act or within a reasonable time after it.
            (13) Family Records. A statement of fact about personal or 
        family history contained in a family record, such as a Bible, 
        genealogy, chart, engraving on a ring, inscription on a 
        portrait, or engraving on an urn or burial marker.
            (14) Records of Documents That Affect an Interest in 
        Property. The record of a document that purports to establish or 
        affect an interest in property if:
                    (A) the record is admitted to prove the content of 
                the original recorded document, along with its signing 
                and its delivery by each person who purports to have 
                signed it;
                    (B) the record is kept in a public office; and
                    (C) a statute authorizes recording documents of that 
                kind in that office.
            (15) Statements in Documents That Affect an Interest in 
        Property. A statement contained in a document that purports to 
        establish or affect an interest in property if the matter stated 
        was relevant to the document's purpose--unless later dealings 
        with the property are inconsistent with the truth of the 
        statement or the purport of the document.
            (16) Statements in Ancient Documents. A statement in a 
        document that is at least 20 years old and whose authenticity is 
        established.
            (17) Market Reports and Similar Commercial Publications. 
        Market quotations, lists, directories, or other compilations 
        that are generally relied on by the public or by persons in 
        particular occupations.
            (18) Statements in Learned Treatises, Periodicals, or 
        Pamphlets. A statement contained in a treatise, periodical, or 
        pamphlet if:
                    (A) the statement is called to the attention of an 
                expert witness on cross-examination or relied on by the 
                expert on direct examination; and
                    (B) the publication is established as a reliable 
                authority by the expert's admission or testimony, by 
                another expert's testimony, or by judicial notice.
            If admitted, the statement may be read into evidence but not 
        received as an exhibit.
            (19) Reputation Concerning Personal or Family History. A 
        reputation among a person's family by blood, adoption, or 
        marriage--or among a person's associates or in the community--
        concerning the person's birth, adoption, legitimacy, ancestry, 
        marriage, divorce, death, relationship by blood, adoption, or 
        marriage, or similar facts of personal or family history.
            (20) Reputation Concerning Boundaries or General History. A 
        reputation in a community--arising before the controversy--
        concerning boundaries of land in the community or customs that 
        affect the land, or concerning general historical events 
        important to that community, state, or nation.
            (21) Reputation Concerning Character. A reputation among a 
        person's associates or in the community concerning the person's 
        character.
            (22) Judgment of a Previous Conviction. Evidence of a final 
        judgment of conviction if:
                    (A) the judgment was entered after a trial or guilty 
                plea, but not a nolo contendere plea;
                    (B) the conviction was for a crime punishable by 
                death or by imprisonment for more than a year;
                    (C) the evidence is admitted to prove any fact 
                essential to the judgment; and
                    (D) when offered by the prosecutor in a criminal 
                case for a purpose other than impeachment, the judgment 
                was against the defendant.
            The pendency of an appeal may be shown but does not affect 
        admissibility.
            (23) Judgments Involving Personal, Family, or General 
        History, or a Boundary. A judgment that is admitted to prove a 
        matter of personal, family, or general history, or boundaries, 
        if the matter:
                    (A) was essential to the judgment; and
                    (B) could be proved by evidence of reputation.
            (24) [Other Exceptions.] [Transferred to Rule 807.]
(As amended Pub. L. 94-149, Sec. 1(11), Dec. 12, 1975, 89 Stat. 805; 
Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 
17, 2000, eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 804
. Exceptions to the Rule Against Hearsay--When the Declarant Is 
Unavailable as a Witness________________________________________________
    (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 
        court order to do so;
            (3) testifies to not remembering the subject matter;
            (4) cannot be present or testify at the trial or hearing 
        because of death or a then-existing infirmity, physical illness, 
        or mental illness; or
            (5) is absent from the trial or hearing and the statement's 
        proponent has not been able, by process or other reasonable 
        means, to procure:
                    (A) the declarant's attendance, in the case of a 
                hearsay exception under Rule 804(b)(1) or (6); or
                    (B) the declarant's attendance or testimony, in the 
                case of a hearsay exception under Rule 804(b)(2), (3), 
                or (4).
            But this subdivision (a) does not apply if the statement's 
        proponent procured or wrongfully caused the declarant's 
        unavailability as a witness in order to prevent the declarant 
        from attending or testifying.
    (b) The Exceptions. The following are not excluded by the rule 
against hearsay if the declarant is unavailable as a witness:
            (1) Former Testimony. Testimony that:
                    (A) was given as a witness at a trial, hearing, or 
                lawful deposition, whether given during the current 
                proceeding or a different one; and
                    (B) is now offered against a party who had--or, in a 
                civil case, whose predecessor in interest had--an 
                opportunity and similar motive to develop it by direct, 
                cross-, or redirect examination.
            (2) Statement Under the Belief of Imminent Death. In a 
        prosecution for homicide or in a civil case, a statement that 
        the declarant, while believing the declarant's death to be 
        imminent, made about its cause or circumstances.
            (3) Statement Against Interest. A statement that:
                    (A) a reasonable person in the declarant's position 
                would have made only if the person believed it to be 
                true because, when made, it was so contrary to the 
                declarant's proprietary or pecuniary interest or had so 
                great a tendency to invalidate the declarant's claim 
                against someone else or to expose the declarant to civil 
                or criminal liability; and
                    (B) is supported by corroborating circumstances that 
                clearly indicate its trustworthiness, if it is offered 
                in a criminal case as one that tends to expose the 
                declarant to criminal liability.
            (4) Statement of Personal or Family History. A statement 
        about:
                    (A) the declarant's own birth, adoption, legitimacy, 
                ancestry, marriage, divorce, relationship by blood, 
                adoption, or marriage, or similar facts of personal or 
                family history, even though the declarant had no way of 
                acquiring personal knowledge about that fact; or
                    (B) another person concerning any of these facts, as 
                well as death, if the declarant was related to the 
                person by blood, adoption, or marriage or was so 
                intimately associated with the person's family that the 
                declarant's information is likely to be accurate.
            (5) [Other Exceptions.] [Transferred to Rule 807.]
            (6) Statement Offered Against a Party That Wrongfully Caused 
        the Declarant's Unavailability. A statement offered against a 
        party that wrongfully caused--or acquiesced in wrongfully 
        causing--the declarant's unavailability as a witness, and did so 
        intending that result.
(As amended Dec. 12, 1975; Mar. 2, 1987, eff. Oct. 1, 1987; Nov. 18, 
1988; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 28, 2010, eff. Dec. 1, 
2010; Apr. 26, 2011, eff. Dec. 1, 2011.)
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.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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 witness. The court may admit evidence of the 
declarant's inconsistent statement or conduct, regardless of when it 
occurred or whether the declarant had an opportunity to explain or deny 
it. If the party against whom the statement was admitted calls the 
declarant as a witness, the party may examine the declarant on the 
statement as if on cross-examination.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 
1997; Apr. 26, 2011, eff. Dec. 1, 2011.)
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 a material fact;
            (3) it is more probative on the point for which it is 
        offered than any other evidence that the proponent can obtain 
        through reasonable efforts; and
            (4) admitting it will best serve the purposes of these rules 
        and the interests of justice.
    (b) Notice. The statement is admissible only if, before the trial or 
hearing, the proponent gives an adverse party reasonable notice of the 
intent to offer the statement and its particulars, including the 
declarant's name and address, so that the party has a fair opportunity 
to meet it.
(Added Apr. 11, 1997, eff. Dec. 1, 1997; amended Apr. 26, 2011, eff. 
Dec. 1, 2011.)


              ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

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 evidence that satisfies the requirement:
            (1) Testimony of a Witness with Knowledge. Testimony that an 
        item is what it is claimed to be.
            (2) Nonexpert Opinion About Handwriting. A nonexpert's 
        opinion that handwriting is genuine, based on a familiarity with 
        it that was not acquired for the current litigation.
            (3) Comparison by an Expert Witness or the Trier of Fact. A 
        comparison with an authenticated specimen by an expert witness 
        or the trier of fact.
            (4) Distinctive Characteristics and the Like. The 
        appearance, contents, substance, internal patterns, or other 
        distinctive characteristics of the item, taken together with all 
        the circumstances.
            (5) Opinion About a Voice. An opinion identifying a person's 
        voice--whether heard firsthand or through mechanical or 
        electronic transmission or recording--based on hearing the voice 
        at any time under circumstances that connect it with the alleged 
        speaker.
            (6) Evidence About a Telephone Conversation. For a telephone 
        conversation, evidence that a call was made to the number 
        assigned at the time to:
                    (A) a particular person, if circumstances, including 
                self-identification, show that the person answering was 
                the one called; or
                    (B) a particular business, if the call was made to a 
                business and the call related to business reasonably 
                transacted over the telephone.
            (7) Evidence About Public Records. Evidence that:
                    (A) a document was recorded or filed in a public 
                office as authorized by law; or
                    (B) a purported public record or statement is from 
                the office where items of this kind are kept.
            (8) Evidence About Ancient Documents or Data Compilations. 
        For a document or data compilation, evidence that it:
                    (A) is in a condition that creates no suspicion 
                about its authenticity;
                    (B) was in a place where, if authentic, it would 
                likely be; and
                    (C) is at least 20 years old when offered.
            (9) Evidence About a Process or System. Evidence describing 
        a process or system and showing that it produces an accurate 
        result.
            (10) Methods Provided by a Statute or Rule. Any method of 
        authentication or identification allowed by a federal statute or 
        a rule prescribed by the Supreme Court.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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 
                insular possession of the United States; the former 
                Panama Canal Zone; the Trust Territory of the Pacific 
                Islands; a political subdivision of any of these 
                entities; or a department, agency, or officer of any 
                entity named above; and
                    (B) a signature purporting to be an execution or 
                attestation.
            (2) Domestic Public Documents That Are Not Sealed but Are 
        Signed and Certified. A document that bears no seal if:
                    (A) it bears the signature of an officer or employee 
                of an entity named in Rule 902(1)(A); and
                    (B) another public officer who has a seal and 
                official duties within that same entity certifies under 
                seal--or its equivalent--that the signer has the 
                official capacity and that the signature is genuine.
            (3) Foreign Public Documents. A document that purports to be 
        signed or attested by a person who is authorized by a foreign 
        country's law to do so. The document must be accompanied by a 
        final certification that certifies the genuineness of the 
        signature and official position of the signer or attester--or of 
        any foreign official whose certificate of genuineness relates to 
        the signature or attestation or is in a chain of certificates of 
        genuineness relating to the signature or attestation. The 
        certification may be made by a secretary of a United States 
        embassy or legation; by a consul general, vice consul, or 
        consular agent of the United States; or by a diplomatic or 
        consular official of the foreign country assigned or accredited 
        to the United States. If all parties have been given a 
        reasonable opportunity to investigate the document's 
        authenticity and accuracy, the court may, for good cause, 
        either:
                    (A) order that it be treated as presumptively 
                authentic without final certification; or
                    (B) allow it to be evidenced by an attested summary 
                with or without final certification.
            (4) Certified Copies of Public Records. A copy of an 
        official record--or a copy of a document that was recorded or 
        filed in a public office as authorized by law--if the copy is 
        certified as correct by:
                    (A) the custodian or another person authorized to 
                make the certification; or
                    (B) a certificate that complies with Rule 902(1), 
                (2), or (3), a federal statute, or a rule prescribed by 
                the Supreme Court.
            (5) Official Publications. A book, pamphlet, or other 
        publication purporting to be issued by a public authority.
            (6) Newspapers and Periodicals. Printed material purporting 
        to be a newspaper or periodical.
            (7) Trade Inscriptions and the Like. An inscription, sign, 
        tag, or label purporting to have been affixed in the course of 
        business and indicating origin, ownership, or control.
            (8) Acknowledged Documents. A document accompanied by a 
        certificate of acknowledgment that is lawfully executed by a 
        notary public or another officer who is authorized to take 
        acknowledgments.
            (9) Commercial Paper and Related Documents. Commercial 
        paper, a signature on it, and related documents, to the extent 
        allowed by general commercial law.
            (10) Presumptions Under a Federal Statute. A signature, 
        document, or anything else that a federal statute declares to be 
        presumptively or prima facie genuine or authentic.
            (11) Certified Domestic Records of a Regularly Conducted 
        Activity. The original or a copy of a domestic record that meets 
        the requirements of Rule 803(6)(A)-(C), as shown by a 
        certification of the custodian or another qualified person that 
        complies with a federal statute or a rule prescribed by the 
        Supreme Court. Before the trial or hearing, the proponent must 
        give an adverse party reasonable written notice of the intent to 
        offer the record--and must make the record and certification 
        available for inspection--so that the party has a fair 
        opportunity to challenge them.
            (12) Certified Foreign Records of a Regularly Conducted 
        Activity. In a civil case, the original or a copy of a foreign 
        record that meets the requirements of Rule 902(11), modified as 
        follows: the certification, rather than complying with a federal 
        statute or Supreme Court rule, must be signed in a manner that, 
        if falsely made, would subject the maker to a criminal penalty 
        in the country where the certification is signed. The proponent 
        must also meet the notice requirements of Rule 902(11).
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 1, 
2011.)
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.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)

      ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

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 form.
            (d) An ``original'' of a writing or recording means the 
        writing or recording itself or any counterpart intended to have 
        the same effect by the person who executed or issued it. For 
        electronically stored information, ``original'' means any 
        printout--or other output readable by sight--if it accurately 
        reflects the information. An ``original'' of a photograph 
        includes the negative or a print from it.
            (e) A ``duplicate'' means a counterpart produced by a 
        mechanical, photographic, chemical, electronic, or other 
        equivalent process or technique that accurately reproduces the 
        original.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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 
        process;
            (c) the party against whom the original would be offered had 
        control of the original; was at that time put on notice, by 
        pleadings or otherwise, that the original would be a subject of 
        proof at the trial or hearing; and fails to produce it at the 
        trial or hearing; or
            (d) the writing, recording, or photograph is not closely 
        related to a controlling issue.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
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 the copy is certified as correct 
in accordance with Rule 902(4) or is testified to be correct by a 
witness who has compared it with the original. If no such copy can be 
obtained by reasonable diligence, then the proponent may use other 
evidence to prove the content.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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 place. And the court may order the 
proponent to produce them in court.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
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.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 
2011.)
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 
about whether:
            (a) an asserted writing, recording, or photograph ever 
        existed;
            (b) another one produced at the trial or hearing is the 
        original; or
            (c) other evidence of content accurately reflects the 
        content.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)




                     ARTICLE XI. MISCELLANEOUS 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 Northern Mariana Islands.
    (b) To Cases and Proceedings. These rules apply in:
               civil cases and proceedings, including 
        bankruptcy, admiralty, and maritime cases;
               criminal cases and proceedings; and
               contempt proceedings, except those in which the 
        court may act summarily.
    (c) Rules on Privilege. The rules on privilege apply to all stages 
of a case or proceeding.
    (d) Exceptions. These rules--except for those on privilege--do not 
apply to the following:
            (1) the court's determination, under Rule 104(a), on a 
        preliminary question of fact governing admissibility;
            (2) grand-jury proceedings; and
            (3) miscellaneous proceedings such as:
               extradition or rendition;
               issuing an arrest warrant, criminal summons, or 
        search warrant;
               a preliminary examination in a criminal case;
               sentencing;
               granting or revoking probation or supervised 
        release; and
               considering whether to release on bail or 
        otherwise.
    (e) Other Statutes and Rules. A federal statute or a rule prescribed 
by the Supreme Court may provide for admitting or excluding evidence 
independently from these rules.
(As amended Pub. L. 94-149, Sec. 1(14), Dec. 12, 1975, 89 Stat. 806; 
Pub. L. 95-598, title II, Sec. Sec. 251, 252, Nov. 6, 1978, 92 Stat. 
2673, eff. Oct. 1, 1979; Pub. L. 97-164, title I, Sec. 142, Apr. 2, 
1982, 96 Stat. 45, eff. Oct. 1, 1982; Mar. 2, 1987, eff. Oct. 1, 1987; 
Apr. 25, 1988, eff. Nov. 1, 1988; Pub. L. 100-690, title VII, 
Sec. 7075(c), Nov. 18, 1988, 102 Stat. 4405; Apr. 22, 1993, eff. Dec. 1, 
1993; Apr. 26, 2011, eff. Dec. 1, 2011.)
Rule 1102. Amendments
    These rules may be amended as provided in 28 U.S.C. Sec. 2072.
(As amended Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 26, 2011, eff. Dec. 
1, 2011.)
Rule 1103. Title
    These rules may be cited as the Federal Rules of Evidence.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)