28 USC App: Front Matter
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28 USC App: Front Matter
From Title 28-AppendixFEDERAL RULES OF EVIDENCE
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FEDERAL RULES OF EVIDENCE

(As amended to December 26, 2023)

Effective Date and Application of Rules

Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1926 , provided: "That the following rules shall take effect on the one hundred and eightieth day [July 1, 1975] beginning after the date of the enactment of this Act [Jan. 2, 1975]. These rules apply to actions, cases, and proceedings brought after the rules take effect. These rules also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary principles apply."

Historical Note

The Federal Rules of Evidence were adopted by order of the Supreme Court on Nov. 20, 1972, transmitted to Congress by the Chief Justice on Feb. 5, 1973, and to have become effective on July 1, 1973. Pub. L. 93–12, Mar. 30, 1973, 87 Stat. 9 , provided that the proposed rules "shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by Act of Congress". Pub. L. 93–595, Jan. 2, 1975, 88 Stat. 1926 , enacted the Federal Rules of Evidence proposed by the Supreme Court, with amendments made by Congress, to take effect on July 1, 1975.

The Rules have been amended Oct. 16, 1975, Pub. L. 94–113, §1, 89 Stat. 576 , eff. Oct. 31, 1975; Dec. 12, 1975, Pub. L. 94–149, §1, 89 Stat. 805 ; Oct. 28, 1978, Pub. L. 95–540, §2, 92 Stat. 2046 ; Nov. 6, 1978, Pub. L. 95–598, title II, §251, 92 Stat. 2673 , eff. Oct. 1, 1979; Apr. 30, 1979, eff. Dec. 1, 1980; Apr. 2, 1982, Pub. L. 97–164, title I, §142, title IV, §402, 96 Stat. 45 , 57, eff. Oct. 1, 1982; Oct. 12, 1984, Pub. L. 98–473, title IV, §406, 98 Stat. 2067 ; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Nov. 18, 1988, Pub. L. 100–690, title VII, §§7046, 7075, 102 Stat. 4400 , 4405; Jan. 26, 1990, eff. Dec. 1, 1990; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 1994, eff. Dec. 1, 1994; Sept. 13, 1994, Pub. L. 103–322, title IV, §40141, title XXXII, §320935, 108 Stat. 1918 , 2135; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 17, 2000, eff. Dec. 1, 2000; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 12, 2006, eff. Dec. 1, 2006; Sept. 19, 2008, Pub. L. 110–322, §1(a), 122 Stat. 3537 ; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 13, 2013, eff. Dec. 1, 2013; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 25, 2019, eff. Dec. 1, 2019; Apr. 27, 2020, eff. Dec. 1, 2020; Apr. 24, 2023, eff. Dec. 1, 2023.

ARTICLE I. GENERAL PROVISIONS

Rule
101.
Scope; definitions.
102.
Purpose.
103.
Rulings on evidence.
104.
Preliminary questions.
105.
Limiting evidence that is not admissible against other parties or for other purposes.
106.
Remainder of or related statements.

        

ARTICLE II. JUDICIAL NOTICE

201.
Judicial notice of adjudicative facts.

        

ARTICLE III. PRESUMPTIONS IN CIVIL CASES

301.
Presumptions in civil cases generally.
302.
Applying State law to presumptions in civil cases.

        

ARTICLE IV. RELEVANCE AND ITS LIMITS

401.
Test for relevant evidence.
402.
General admissibility of relevant evidence.
403.
Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons.
404.
Character evidence; other crimes, wrongs, or acts.
405.
Methods of proving character.
406.
Habit; routine practice.
407.
Subsequent remedial measures.
408.
Compromise offers and negotiations.
409.
Offers to pay medical and similar expenses.
410.
Pleas, plea discussions, and related statements.
411.
Liability insurance.
412.
Sex-offense cases: the victim's sexual behavior or predisposition.
413.
Similar crimes in sexual-assault cases.
414.
Similar crimes in child-molestation cases.
415.
Similar acts in civil cases involving sexual assault or child molestation.

        

ARTICLE V. PRIVILEGES

501.
Privilege in general.
502.
Attorney-client privilege and work product; limitations on waiver.

        

ARTICLE VI. WITNESSES

601.
Competency to testify in general.
602.
Need for personal knowledge.
603.
Oath or affirmation to testify truthfully.
604.
Interpreter.
605.
Judge's competency as a witness.
606.
Juror's competency as a witness.
607.
Who may impeach a witness.
608.
A witness's character for truthfulness or untruthfulness.
609.
Impeachment by evidence of a criminal conviction.
610.
Religious beliefs or opinions.
611.
Mode and order of examining witnesses and presenting evidence.
612.
Writing used to refresh a witness's memory.
613.
Witness's prior statement.
614.
Court's calling or examining a witness.
615.
Excluding witnesses from the courtroom; preventing an excluded witness's access to trial testimony.

        

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

701.
Opinion testimony by lay witnesses.
702.
Testimony by expert witnesses.
703.
Bases of an expert's opinion testimony.
704.
Opinion on an ultimate issue.
705.
Disclosing the facts or data underlying an expert's opinion.
706.
Court-appointed expert witnesses.

        

ARTICLE VIII. HEARSAY

801.
Definitions that apply to this article; exclusions from hearsay.
802.
The rule against hearsay.
803.
Exceptions to the rule against hearsay-regardless of whether the declarant is available as a witness.
804.
Exceptions to the rule against hearsay-when the declarant is unavailable as a witness.
805.
Hearsay within hearsay.
806.
Attacking and supporting the declarant's credibility.
807.
Residual exception.

        

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

901.
Authenticating or identifying evidence.
902.
Evidence that is self-authenticating.
903.
Subscribing witness's testimony.

        

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

1001.
Definitions that apply to this article.
1002.
Requirement of the original.
1003.
Admissibility of duplicates.
1004.
Admissibility of other evidence of content.
1005.
Copies of public records to prove content.
1006.
Summaries to prove content.
1007.
Testimony or statement of a party to prove content.
1008.
Functions of the court and jury.

        

ARTICLE XI. MISCELLANEOUS RULES

1101.
Applicability of the rules.
1102.
Amendments.
1103.
Title.

        

Table of Contents

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