FRE · Rule 105

FRE Rule 105

Quick Answer

What is FRE Rule 105?

FRE Rule 105 addresses the admissibility of evidence when it is relevant to one party but not to another, allowing for limited redaction or instructions for the jury.

Source: FRE Rule 105

Official Text
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 request, must restrict the evidence to its proper scope and instruct the jury accordingly.
Plain Language

Rule 105 allows a judge to limit the use of certain evidence that is admissible for one party or for a specific purpose but not for another. If a party requests, the judge must provide an instruction to the jury about how they should consider that evidence.

Purpose

The purpose of this rule is to prevent confusion or prejudice that may arise when evidence is relevant to only a specific party or purpose. It ensures that jurors do not use such evidence against a party for whom it is not relevant.

Key Provisions

Restriction of Evidence

The court must limit the use of evidence that is only admissible for a particular purpose or against a specific party when the party requests it.

Practice Notes
  • Always request a limiting instruction when introducing evidence that is only relevant to specific issues or parties.
  • Be prepared to articulate the specific basis for the limitation to facilitate the court's decision.
  • Consider how to present the evidence in a manner that minimizes the risk of prejudice to other parties.
Landmark Cases

Old Chief v. United States

In this case, the Supreme Court addressed the risk of unfair prejudice when evidence may lead a jury to make an improper inference against a defendant. The ruling highlighted the court's responsibility to provide instructions that mitigate such risks.

Common Motions
  • motion in limine
Exam Tip

On exams, FRE Rule 105 may be tested in scenarios where evidence is admissible against one party but not another. Be prepared to discuss how to request limiting instructions and the importance of the rule in jury considerations.

Related Rules
  • fre-rule-401
  • fre-rule-403

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