[House Prints 109-4]
[From the U.S. Government Publishing Office]



109th Congress
                               COMMITTEE PRINT          No. 4   
1st Session
__________________________________________________________________

 
                              FEDERAL RULES
                                   OF
                                EVIDENCE

                                  ____

                            DECEMBER 1, 2005

[GRAPHIC] [TIFF OMITTED] TONGRESS.


                         Printed for the use

                                   of

                     THE COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES

                    U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2005
_____________________________________________________________________________

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                       COMMITTEE ON THE JUDICIARY

                       One Hundred Ninth Congress

            F. JAMES SENSENBRENNER, Jr., Wisconsin, Chairman




HENRY J. HYDE, Illinois                     JOHN CONYERS, Jr., Michigan
HOWARD COBLE, North Carolina                HOWARD L. BERMAN, California
LAMAR SMITH, Texas                          RICK BOUCHER, Virginia
ELTON GALLEGLY, California                  JERROLD NADLER, New York
BOB GOODLATTE, Virginia                     ROBERT C. SCOTT, Virginia
STEVE CHABOT, Ohio                          MELVIN L. WATT, North
DANIEL E. LUNGREN, California                Carolina
WILLIAM L. JENKINS, Tennessee               ZOE LOFGREN, California
CHRIS CANNON, Utah                          SHEILA JACKSON LEE, Texas
SPENCER BACHUS, Alabama                     MAXINE WATERS, California
BOB INGLIS, South Carolina                  MARTIN T. MEEHAN,
JOHN N. HOSTETTLER, Indiana                  Massachusetts
MARK GREEN, Wisconsin                       WILLIAM D. DELAHUNT,
RIC KELLER, Florida                          Massachusetts
DARRELL ISSA, California                    ROBERT WEXLER, Florida
JEFF FLAKE, Arizona                         ANTHONY D. WEINER, New York
MIKE PENCE, Indiana                         ADAM B. SCHIFF, California
J. RANDY FORBES, Virginia                   LINDA T. SANCHEZ, California
STEVE KING, Iowa                            CHRIS VAN HOLLEN, Maryland
TOM FEENEY, Florida                         DEBBIE WASSERMAN SCHULTZ,
TRENT FRANKS, Arizona                        Florida
LOUIE GOHMERT, Texas


                                     

            Philip G. Kiko, General Counsel -- Chief of Staff

                Perry H. Apelbaum, Minority Chief Counsel

                                  (ii)


                                FOREWORD

    This document contains the Federal Rules of Evidence, as amended to 
December 1, 2005. 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, 2005.

                   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 magistrates 
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. 315, 
Dec. 1, 1990, 104 Stat. 5115.)
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

    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, p. H2467, Daily Issue, Ex. 
Comm. 1494; H. Doc. 108-57), and became effective December 1, 2003. The 
amendment affected Rule 608.

                             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.

                            TABLE OF CONTENTS

                                ____

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

                                  RULES

Article I. General Provisions:
        Rule 101. Scope................................................1
        Rule 102. Purpose and construction.............................1
        Rule 103. Rulings on evidence:
                (a) Effect of erroneous ruling:
                        (1) Objection.........................         1
                        (2) Offer of proof....................         1
                (b) Record of offer and ruling................         1
                (c) Hearing of jury...........................         1
                (d) Plain error...............................         2
        Rule 104. Preliminary questions:
                (a) Questions of admissibility generally......         2
                (b) Relevancy conditioned on fact.............         2
                (c) Hearing of jury...........................         2
                (d) Testimony by accused......................         2
                (e) Weight and credibility....................         2
        Rule 105. Limited admissibility................................2
        Rule 106. Remainder of or related writings or recorded 
                        statements.....................................2
Article II. Judicial Notice:
        Rule 201. Judicial notice of adjudicative facts:
                (a) Scope of rule.............................         2
                (b) Kinds of facts............................         2
                (c) When discretionary........................         3
                (d) When mandatory............................         3
                (e) Opportunity to be heard...................         3
                (f) Time of taking notice.....................         3
                (g) Instructing jury..........................         3
Article III. Presumptions in Civil Actions and Proceedings:
        Rule 301. Presumptions in general in civil actions and 
                        proceedings....................................3
        Rule 302. Applicability of State law in civil actions and 
                        proceedings....................................3
Article IV. Relevancy and Its Limits:
        Rule 401. Definition of ``relevant evidence''..................3
        Rule 402. Relevant evidence generally admissible; irrelevant 
                        evidence inadmissible..........................3
        Rule 403. Exclusion of relevant evidence on grounds of 
                        prejudice, confusion, or waste of time.........4
        Rule 404. Character evidence not admissible to prove 
            conduct; exceptions; other crimes:
                (a) Character evidence generally:
                        (1) Character of accused..............         4
                        (2) Character of alleged victim.......         4
                        (3) Character of witness..............         4
                (b) Other crimes, wrongs, or acts.............         4
        Rule 405. Methods of proving character:
                (a) Reputation or opinion.....................         4
                (b) Specific instances of conduct.............         4
        Rule 406. Habit; routine practice..............................5
        Rule 407. Subsequent remedial measures.........................5
        Rule 408. Compromise and offers to compromise..................5

  

Article IV. Relevancy and Its Limits--Continued

Page

        Rule 409. Payment of medical and similar expenses..............5
        Rule 410. Inadmissibility of pleas, plea discussions, and 
                        related statements.............................5
        Rule 411. Liability insurance..................................6
        Rule 412. Sex Offense Cases; Relevance of Alleged 
            Victim's Past Sexual Behavior or Alleged Sexual 
            Predisposition:
                (a) Evidence generally inadmissible...........         6
                (b) Exceptions................................         6
                (c) Procedure to determine admissibility......         6
        Rule 413. Evidence of Similar Crimes in Sexual Assault Cases...7
        Rule 414. Evidence of Similar Crimes in Child Molestation Cases7
        Rule 415. Evidence of Similar Acts in Civil Cases Concerning 
                        Sexual Assault or Child Molestation............8
Article V. Privileges:
        Rule 501. General rule.........................................8
Article VI. Witnesses:
        Rule 601. General rule of competency...........................9
        Rule 602. Lack of personal knowledge...........................9
        Rule 603. Oath or affirmation..................................9
        Rule 604. Interpreters.........................................9
        Rule 605. Competency of judge as witness.......................9
        Rule 606. Competency of juror as witness:
                (a) At the trial..............................         9
                (b) Inquiry into validity of verdict or 
                    indictment................................         9
        Rule 607. Who may impeach.....................................10
        Rule 608. Evidence of character and conduct of 
            witness:
                (a) Opinion and reputation evidence of 
                    character.................................        10
                (b) Specific instances of conduct.............        10
        Rule 609. Impeachment by evidence of conviction of 
            crime:
                (a) General rule..............................        10
                (b) Time limit................................        10
                (c) Effect of pardon, annulment, or 
                    certificate of rehabilitation.............        11
                (d) Juvenile adjudications....................        11
                (e) Pendency of appeal........................        11
        Rule 610. Religious beliefs or opinions.......................11
        Rule 611. Mode and order of interrogation and 
            presentation:
                (a) Control by court..........................        11
                (b) Scope of cross-examination................        11
                (c) Leading questions.........................        11
        Rule 612. Writing used to refresh memory......................12
        Rule 613. Prior statements of witnesses:
                (a) Examining witness concerning prior 
                    statement.................................        12
                (b) Extrinsic evidence of prior inconsistent 
                    statement of witness......................        12
        Rule 614. Calling and interrogation of witnesses by 
            court:
                (a) Calling by court..........................        12
                (b) Interrogation by court....................        12
                (c) Objections................................        12
        Rule 615. Exclusion of witnesses..............................13
Article VII. Opinions and Expert Testimony:
        Rule 701. Opinion testimony by lay witnesses..................13
        Rule 702. Testimony by experts................................13
        Rule 703. Bases of opinion testimony by experts...............13
        Rule 704. Opinion on ultimate issue...........................14
        Rule 705. Disclosure of facts or data underlying expert opinio14
        Rule 706. Court appointed experts:
                (a) Appointment...............................        14
                (b) Compensation..............................        14
                (c) Disclosure of appointment.................        14
                (d) Parties' experts of own selection.........        14
Article VIII. Hearsay:
        Rule 801. Definitions:
                (a) Statement.................................        15
                (b) Declarant.................................        15
                (c) Hearsay...................................        15
                (d) Statements which are not hearsay:
                        (1) Prior statement by witness........        15
                        (2) Admission by party-opponent.......        15
        Rule 802. Hearsay rule........................................15

  

Article VIII. Hearsay--Continued

    Rule 803. Hearsay exceptions; availability of declarant immaterial:

Page

                (1) Present sense impression..................        15
                (2) Excited utterance.........................        16
                (3) Then existing mental, emotional, or 
                    physical condition........................        16
                (4) Statements for purposes of medical 
                    diagnosis or treatment....................        16
                (5) Recorded recollection.....................        16
                (6) Records of regularly conducted activity...        16
                (7) Absence of entry in records kept in 
                    accordance with the provisions of 
                    paragraph (6).............................        16
                (8) Public records and reports................        16
                (9) Records of vital statistics...............        17
                (10) Absence of public record or entry........        17
                (11) Records of religious organizations.......        17
                (12) Marriage, baptismal, and similar 
                    certificates..............................        17
                (13) Family records...........................        17
                (14) Records of documents affecting an 
                    interest in property......................        17
                (15) Statements in documents affecting an 
                    interest in property......................        17
                (16) Statements in ancient documents..........        17
                (17) Market reports, commercial publications..        18
                (18) Learned treatises........................        18
                (19) Reputation concerning personal or family 
                    history...................................        18
                (20) Reputation concerning boundaries or 
                    general history...........................        18
                (21) Reputation as to character...............        18
                (22) Judgment of previous conviction..........        18
                (23) Judgment as to personal, family, or 
                    general history, or boundaries............        18
                (24) Other exceptions (Transferred).
        Rule 804. Hearsay exceptions; declarant unavailable:
                (a) Definition of unavailability..............        18
                (b) Hearsay exceptions:
                        (1) Former testimony..................        19
                        (2) Statement under belief of 
                            impending death...................        19
                        (3) Statement against interest........        19
                        (4) Statement of personal or family 
                            history...........................        19
                        (5) Other exceptions (Transferred).
                        (6) Forfeiture by wrongdoing..........        19
        Rule 805. Hearsay within hearsay..............................20
        Rule 806. Attacking and supporting credibility of declarant...20
        Rule 807. Residual exception..................................20
Article IX. Authentication and Identification:
        Rule 901. Requirement of authentication or 
            identification:
                (a) General provision.........................        20
                (b) Illustrations:
                        (1) Testimony of witness with 
                            knowledge.........................        20
                        (2) Nonexpert opinion on handwriting..        21
                        (3) Comparison by trier or expert 
                            witness...........................        21
                        (4) Distinctive characteristics and 
                            the like..........................        21
                        (5) Voice identification..............        21
                        (6) Telephone conversations...........        21
                        (7) Public records or reports.........        21
                        (8) Ancient documents or data 
                            compilation.......................        21
                        (9) Process or system.................        21
                        (10) Methods provided by statute or 
                            rule..............................        21
        Rule 902. Self-authentication:
                (1) Domestic public documents under seal......        21
                (2) Domestic public documents not under seal..        21
                (3) Foreign public documents..................        22
                (4) Certified copies of public records........        22
                (5) Official publications.....................        22
                (6) Newspapers and periodicals................        22
                (7) Trade inscriptions and the like...........        22
                (8) Acknowledged documents....................        22
                (9) Commercial paper and related documents....        22
                (10) Presumptions under Acts of Congress......        22
                (11) Certified domestic records of regularly 
                    conducted activity........................        22
                (12) Certified foreign records of regularly 
                    conducted activity........................        23
        Rule 903. Subscribing witness' testimony unnecessary..........23

  

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

    Rule 1001. Definitions:

Page

                (1) Writings and recordings...................        23
                (2) Photographs...............................        24
                (3) Original..................................        24
                (4) Duplicate.................................        24
        Rule 1002. Requirement of original............................24
        Rule 1003. Admissibility of duplicates........................24
        Rule 1004. Admissibility of other evidence of 
            contents:
                (1) Originals lost or destroyed...............        24
                (2) Original not obtainable...................        24
                (3) Original in possession of opponent........        24
                (4) Collateral matters........................        24
        Rule 1005. Public records.....................................24
        Rule 1006. Summaries..........................................25
        Rule 1007. Testimony or written admission of party............25
        Rule 1008. Functions of court and jury........................25
Article XI. Miscellaneous Rules:
        Rule 1101. Applicability of rules:
                (a) Courts and judges.........................        25
                (b) Proceedings generally.....................        25
                (c) Rule of privilege.........................        25
                (d) Rules inapplicable:
                        (1) Preliminary questions of fact.....        26
                        (2) Grand jury........................        26
                        (3) Miscellaneous proceedings.........        26
                (e) Rules applicable in part..................        26
        Rule 1102. Amendments.........................................27
        Rule 1103. Title..............................................27

                        FEDERAL RULES OF EVIDENCE

         Effective July 1, 1975, as amended to December 1, 2005

                      ARTICLE I. GENERAL PROVISIONS

Rule 101. Scope
    These rules govern proceedings in the courts of the United States 
and before the United States bankruptcy judges and United States 
magistrate judges, to the extent and with the exceptions stated in rule 
1101.

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Apr. 22, 1993, eff. Dec. 1, 1993.)
Rule 102. Purpose and Construction
    These rules shall be construed to secure fairness in administration, 
elimination of unjustifiable expense and delay, and promotion of growth 
and development of the law of evidence to the end that the truth may be 
ascertained and proceedings justly determined.
Rule 103. Rulings on Evidence
    (a) Effect of erroneous ruling.--Error may not be predicated upon a 
ruling which admits or excludes evidence unless a substantial right of 
the party is affected, and
            (1) Objection.--In case the ruling is one admitting 
        evidence, a timely objection or motion to strike appears of 
        record, stating the specific ground of objection, if the 
        specific ground was not apparent from the context; or
            (2) Offer of proof.--In case the ruling is one excluding 
        evidence, the substance of the evidence was made known to the 
        court by offer or was apparent from the context within which 
        questions were asked.
    Once the court makes a definitive ruling on the record admitting or 
excluding evidence, either at or before trial, a party need not renew an 
objection or offer of proof to preserve a claim of error for appeal.
    (b) Record of offer and ruling.--The court may add any other or 
further statement which shows the character of the evidence, the form in 
which it was offered, the objection made, and the ruling thereon. It may 
direct the making of an offer in question and answer form.
    (c) Hearing of jury.--In jury cases, proceedings shall be conducted, 
to the extent practicable, so as to prevent inadmissible evidence from 
being suggested to the jury by any means, such as making statements or 
offers of proof or asking questions in the hearing of the jury.
    (d) Plain error.--Nothing in this rule precludes taking notice of 
plain errors affecting substantial rights although they were not brought 
to the attention of the court.
(As amended Apr. 17, 2000, eff. Dec. 1, 2000.)
Rule 104. Preliminary Questions
    (a) Questions of admissibility generally.--Preliminary questions 
concerning the qualification of a person to be a witness, the existence 
of a privilege, or the admissibility of evidence shall be determined by 
the court, subject to the provisions of subdivision (b). In making its 
determination it is not bound by the rules of evidence except those with 
respect to privileges.
    (b) Relevancy conditioned on fact.--When the relevancy of evidence 
depends upon the fulfillment of a condition of fact, the court shall 
admit it upon, or subject to, the introduction of evidence sufficient to 
support a finding of the fulfillment of the condition.
    (c) Hearing of jury.--Hearings on the admissibility of confessions 
shall in all cases be conducted out of the hearing of the jury. Hearings 
on other preliminary matters shall be so conducted when the interests of 
justice require, or when an accused is a witness and so requests.
    (d) Testimony by accused.--The accused does not, by testifying upon 
a preliminary matter, become subject to cross-examination as to other 
issues in the case.
    (e) Weight and credibility.--This rule does not limit the right of a 
party to introduce before the jury evidence relevant to weight or 
credibility.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 105. Limited Admissibility
    When evidence which is admissible as to one party or for one purpose 
but not admissible as to another party or for another purpose is 
admitted, the court, upon request, shall restrict the evidence to its 
proper scope and instruct the jury accordingly.
Rule 106. Remainder of or Related Writings or Recorded Statements
    When a writing or recorded statement or part thereof is introduced 
by a party, an adverse party may require the introduction at that time 
of any other part or any other writing or recorded statement which ought 
in fairness to be considered contemporaneously with it.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)

                       ARTICLE II. JUDICIAL NOTICE

Rule 201. Judicial Notice of Adjudicative Facts
    (a) Scope of rule.--This rule governs only judicial notice of 
adjudicative facts.
    (b) Kinds of facts.--A judicially noticed fact must be one not 
subject to reasonable dispute in that it is either (1) generally known 
within the territorial jurisdiction of the trial court or (2) capable of 
accurate and ready determination by resort to sources whose accuracy 
cannot reasonably be questioned.
    (c) When discretionary.--A court may take judicial notice, whether 
requested or not.
    (d) When mandatory.--A court shall take judicial notice if requested 
by a party and supplied with the necessary information.
    (e) Opportunity to be heard.--A party is entitled upon timely 
request to an opportunity to be heard as to the propriety of taking 
judicial notice and the tenor of the matter noticed. In the absence of 
prior notification, the request may be made after judicial notice has 
been taken.
    (f) Time of taking notice.--Judicial notice may be taken at any 
stage of the proceeding.
    (g) Instructing jury.--In a civil action or proceeding, the court 
shall instruct the jury to accept as conclusive any fact judicially 
noticed. In a criminal case, the court shall instruct the jury that it 
may, but is not required to, accept as conclusive any fact judicially 
noticed.

       ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS

Rule 301. Presumptions in General in Civil Actions and Proceedings
    In all civil actions and proceedings not otherwise provided for by 
Act of Congress or by these rules, a presumption imposes on the party 
against whom it is directed the burden of going forward with evidence to 
rebut or meet the presumption, but does not shift to such party the 
burden of proof in the sense of the risk of nonpersuasion, which remains 
throughout the trial upon the party on whom it was originally cast.
Rule 302. Applicability of State Law in Civil Actions and Proceedings
    In civil actions and proceedings, the effect of a presumption 
respecting a fact which is an element of a claim or defense as to which 
State law supplies the rule of decision is determined in accordance with 
State law.

                  ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 401. Definition of ``Relevant Evidence''
    ``Relevant evidence'' means evidence having any tendency to make the 
existence of any fact that is of consequence to the determination of the 
action more probable or less probable than it would be without the 
evidence.
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence 
Inadmissible
    All relevant evidence is admissible, except as otherwise provided by 
the Constitution of the United States, by Act of Congress, by these 
rules, or by other rules prescribed by the Supreme Court pursuant to 
statutory authority. Evidence which is not relevant is not admissible.
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, 
Confusion, or Waste of Time
    Although relevant, evidence may be excluded if its probative value 
is substantially outweighed by the danger of unfair prejudice, confusion 
of the issues, or misleading the jury, or by considerations of undue 
delay, waste of time, or needless presentation of cumulative evidence.
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; 
Other Crimes
    (a) Character evidence generally.--Evidence of a person's character 
or a trait of character is not admissible for the purpose of proving 
action in conformity therewith on a particular occasion, except:
            (1) Character of accused.--Evidence of a pertinent trait of 
        character offered by an accused, or by the prosecution to rebut 
        the same, or if evidence of a trait of character of the alleged 
        victim of the crime is offered by an accused and admitted under 
        Rule 404(a)(2), evidence of the same trait of character of the 
        accused offered by the prosecution;
            (2) Character of alleged victim.--Evidence of a pertinent 
        trait of character of the alleged victim of the crime offered by 
        an accused, or by the prosecution to rebut the same, or evidence 
        of a character trait of peacefulness of the alleged victim 
        offered by the prosecution in a homicide case to rebut evidence 
        that the alleged victim was the first aggressor;
            (3) Character of witness.--Evidence of the character of a 
        witness, as provided in rules 607, 608, and 609.
    (b) Other crimes, wrongs, or acts.--Evidence of other crimes, 
wrongs, or acts is not admissible to prove the character of a person in 
order to show action in conformity therewith. It may, however, be 
admissible for other purposes, such as proof of motive, opportunity, 
intent, preparation, plan, knowledge, identity, or absence of mistake or 
accident, provided that upon request by the accused, the prosecution in 
a criminal case shall provide reasonable notice in advance of trial, or 
during trial if the court excuses pretrial notice on good cause shown, 
of the general nature of any such evidence it intends to introduce at 
trial.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 
1991; Apr. 17, 2000, eff. Dec. 1, 2000.)
Rule 405. Methods of Proving Character
    (a) Reputation or opinion.--In all cases in which evidence of 
character or a trait of character of a person is admissible, proof may 
be made by testimony as to reputation or by testimony in the form of an 
opinion. On cross-examination, inquiry is allowable into relevant 
specific instances of conduct.
    (b) Specific instances of conduct.--In cases in which character or a 
trait of character of a person is an essential element of a charge, 
claim, or defense, proof may also be made of specific instances of that 
person's conduct.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 406. Habit; Routine Practice
    Evidence of the habit of a person or of the routine practice of an 
organization, whether corroborated or not and regardless of the presence 
of eyewitnesses, is relevant to prove that the conduct of the person or 
organization on a particular occasion was in conformity with the habit 
or routine practice.
Rule 407. Subsequent Remedial Measures
    When, after an injury or harm allegedly caused by an event, measures 
are taken that, if taken previously, would have made the 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, 
a defect in a product's design, or a need for a warning or instruction. 
This rule does not require the exclusion of evidence of subsequent 
measures when offered for another purpose, such as proving ownership, 
control, or feasibility of precautionary measures, if controverted, or 
impeachment.
(As amended Apr. 11, 1997, eff. Dec. 1, 1997.)
Rule 408. Compromise and Offers to Compromise
    Evidence of (1) furnishing or offering or promising to furnish, or 
(2) accepting or offering or promising to accept, a valuable 
consideration in compromising or attempting to compromise a claim which 
was disputed as to either validity or amount, is not admissible to prove 
liability for or invalidity of the claim or its amount. Evidence of 
conduct or statements made in compromise negotiations is likewise not 
admissible. This rule does not require the exclusion of any evidence 
otherwise discoverable merely because it is presented in the course of 
compromise negotiations. This rule also does not require exclusion when 
the evidence is offered for another purpose, such as proving bias or 
prejudice of a witness, negativing a contention of undue delay, or 
proving an effort to obstruct a criminal investigation or prosecution.
Rule 409. Payment of Medical and Similar Expenses
    Evidence of furnishing or offering or promising to pay medical, 
hospital, or similar expenses occasioned by an injury is not admissible 
to prove liability for the injury.
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related 
Statements
    Except as otherwise provided in this rule, evidence of the following 
is not, in any civil or criminal proceeding, admissible against the 
defendant who made the plea or was a participant in the plea 
discussions:
            (1) a plea of guilty which was later withdrawn;
            (2) a plea of nolo contendere;
            (3) any statement made in the course of any proceedings 
        under Rule 11 of the Federal Rules of Criminal Procedure or 
        comparable state procedure regarding either of the foregoing 
        pleas; or
            (4) any statement made in the course of plea discussions 
        with an attorney for the prosecuting authority which do not 
        result in a plea of guilty or which result in a plea of guilty 
        later withdrawn.
However, such a statement is admissible (i) in any proceeding wherein 
another statement made in the course of the same plea or plea 
discussions has been introduced and the statement ought in fairness be 
considered contemporaneously with it, or (ii) in a criminal proceeding 
for perjury or false statement if the statement was made by the 
defendant under oath, on the record and in the presence of counsel.
(As amended Dec. 12, 1975; Apr. 30, 1979, eff. Dec. 1, 1980.)
Rule 411. Liability Insurance
    Evidence that a person was or was not insured against liability is 
not admissible upon the issue whether the person acted negligently or 
otherwise wrongfully. This rule does not require the exclusion of 
evidence of insurance against liability when offered for another 
purpose, such as proof of agency, ownership, or control, or bias or 
prejudice of a witness.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual 
Behavior or Alleged Sexual Predisposition
    (a) Evidence Generally Inadmissible.--The following evidence is not 
admissible in any civil or criminal proceeding involving alleged sexual 
misconduct except as provided in subdivisions (b) and (c):
            (1) Evidence offered to prove that any alleged victim 
        engaged in other sexual behavior.
            (2) Evidence offered to prove any alleged victim's sexual 
        predisposition.
    (b) Exceptions.
    (1) In a criminal case, the following evidence is admissible, if 
otherwise admissible under these rules:
            (A) evidence of specific instances of sexual behavior by the 
        alleged victim offered to prove that a person other than the 
        accused was the source of semen, injury or other physical 
        evidence;
            (B) evidence of specific instances of sexual behavior by the 
        alleged victim with respect to the person accused of the sexual 
        misconduct offered by the accused to prove consent or by the 
        prosecution; and
            (C) evidence the exclusion of which would violate the 
        constitutional rights of the defendant.
    (2) In a civil case, evidence offered to prove the sexual behavior 
or sexual predisposition of any alleged victim is admissible if it is 
otherwise admissible under these rules and its probative value 
substantially outweighs the danger of harm to any victim and of unfair 
prejudice to any party. Evidence of an alleged victim's reputation is 
admissible only if it has been placed in controversy by the alleged 
victim.
    (c) Procedure To Determine Admissibility.
    (1) A party intending to offer evidence under subdivision (b) must--
            (A) file a written motion at least 14 days before trial 
        specifically describing the evidence and stating the purpose for 
        which it is offered unless the court, for good cause requires a 
        different time for filing or permits filing during trial; and
            (B) serve the motion on all parties and notify the alleged 
        victim or, when appropriate, the alleged victim's guardian or 
        representative.
    (2) Before admitting evidence under this rule the court must conduct 
a hearing in camera and afford the victim and parties a right to attend 
and be heard. The motion, related papers, and the record of the hearing 
must be sealed and remain under seal unless the court orders otherwise.
(As added Oct. 28, 1978, eff. Nov. 28, 1978; amended Nov. 18, 1988; Apr. 
29, 1994, eff. Dec. 1, 1994; Sept. 13, 1994, eff. Dec. 1, 1994.)
Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
    (a) In a criminal case in which the defendant is accused of an 
offense of sexual assault, evidence of the defendant's commission of 
another offense or offenses of sexual assault is admissible, and may be 
considered for its bearing on any matter to which it is relevant.
    (b) In a case in which the Government intends to offer evidence 
under this rule, the attorney for the Government shall disclose the 
evidence to the defendant, including statements of witnesses or a 
summary of the substance of any testimony that is expected to be 
offered, at least fifteen days before the scheduled date of trial or at 
such later time as the court may allow for good cause.
    (c) This rule shall not be construed to limit the admission or 
consideration of evidence under any other rule.
    (d) For purposes of this rule and Rule 415, ``offense of sexual 
assault'' means a crime under Federal law or the law of a State (as 
defined in section 513 of title 18, United States Code) that involved--
            (1) any conduct proscribed by chapter 109A of title 18, 
        United States Code;
            (2) contact, without consent, between any part of the 
        defendant's body or an object and the genitals or anus of 
        another person;
            (3) contact, without consent, between the genitals or anus 
        of the defendant and any part of another person's body;
            (4) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on another 
        person; or
            (5) an attempt or conspiracy to engage in conduct described 
        in paragraphs (1)-(4).
(Added Sept. 13, 1994, eff. July 9, 1995.)
Rule 414. Evidence of Similar Crimes in Child Molestation Cases
    (a) In a criminal case in which the defendant is accused of an 
offense of child molestation, evidence of the defendant's commission of 
another offense or offenses of child molestation is admissible, and may 
be considered for its bearing on any matter to which it is relevant.
    (b) In a case in which the Government intends to offer evidence 
under this rule, the attorney for the Government shall disclose the 
evidence to the defendant, including statements of witnesses or a 
summary of the substance of any testimony that is expected to be 
offered, at least fifteen days before the scheduled date of trial or at 
such later time as the court may allow for good cause.
    (c) This rule shall not be construed to limit the admission or 
consideration of evidence under any other rule.
    (d) For purposes of this rule and Rule 415, ``child'' means a person 
below the age of fourteen, and ``offense of child molestation'' means a 
crime under Federal law or the law of a State (as defined in section 513 
of title 18, United States Code) that involved--
            (1) any conduct proscribed by chapter 109A of title 18, 
        United States Code, that was committed in relation to a child;
            (2) any conduct proscribed by chapter 110 of title 18, 
        United States Code;
            (3) contact between any part of the defendant's body or an 
        object and the genitals or anus of a child;
            (4) contact between the genitals or anus of the defendant 
        and any part of the body of a child;
            (5) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on a child; 
        or
            (6) an attempt or conspiracy to engage in conduct described 
        in paragraphs (1)-(5).
(Added Sept. 13, 1994, eff. July 9, 1995.)
Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual 
Assault or Child Molestation
    (a) In a civil case in which a claim for damages or other relief is 
predicated on a party's alleged commission of conduct constituting an 
offense of sexual assault or child molestation, evidence of that party's 
commission of another offense or offenses of sexual assault or child 
molestation is admissible and may be considered as provided in Rule 413 
and Rule 414 of these rules.
    (b) A party who intends to offer evidence under this Rule shall 
disclose the evidence to the party against whom it will be offered, 
including statements of witnesses or a summary of the substance of any 
testimony that is expected to be offered, at least fifteen days before 
the scheduled date of trial or at such later time as the court may allow 
for good cause.
    (c) This rule shall not be construed to limit the admission or 
consideration of evidence under any other rule.
(Added Sept. 13, 1994, eff. July 9, 1995.)

                          ARTICLE V. PRIVILEGES

Rule 501. General Rule
    Except as otherwise required by the Constitution of the United 
States or provided by Act of Congress or in rules prescribed by the 
Supreme Court pursuant to statutory authority, the privilege of a 
witness, person, government, State, or political subdivision thereof 
shall be governed by the principles of the common law as they may be 
interpreted by the courts of the United States in the light of reason 
and experience. However, in civil actions and proceedings, with respect 
to an element of a claim or defense as to which State law supplies the 
rule of decision, the privilege of a witness, person, government, State, 
or political subdivision thereof shall be determined in accordance with 
State law.

                          ARTICLE VI. WITNESSES

Rule 601. General Rule of Competency
    Every person is competent to be a witness except as otherwise 
provided in these rules. However, in civil actions and proceedings, with 
respect to an element of a claim or defense as to which State law 
supplies the rule of decision, the competency of a witness shall be 
determined in accordance with State law.
Rule 602. Lack of Personal Knowledge
    A witness may not testify to a matter unless evidence is introduced 
sufficient to support a finding that the witness has personal knowledge 
of the matter. Evidence to prove personal knowledge may, but need not, 
consist of the witness' own testimony. This rule is subject to the 
provisions of rule 703, relating to opinion testimony by expert 
witnesses.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988.)
Rule 603. Oath or Affirmation
    Before testifying, every witness shall be required to declare that 
the witness will testify truthfully, by oath or affirmation administered 
in a form calculated to awaken the witness' conscience and impress the 
witness' mind with the duty to do so.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 604. Interpreters
    An interpreter is subject to the provisions of these rules relating 
to qualification as an expert and the administration of an oath or 
affirmation to make a true translation.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 605. Competency of Judge as Witness
    The judge presiding at the trial may not testify in that trial as a 
witness. No objection need be made in order to preserve the point.
Rule 606. Competency of Juror as Witness
    (a) At the trial.--A member of the jury may not testify as a witness 
before that jury in the trial of the case in which the juror is sitting. 
If the juror is called so to testify, the opposing party shall be 
afforded an opportunity to object out of the presence of the jury.
    (b) Inquiry into validity of verdict or indictment.--Upon an inquiry 
into the validity of a verdict or indictment, a juror may not testify as 
to any matter or statement occurring during the course of the jury's 
deliberations or to the effect of anything upon that or any other 
juror's mind or emotions as influencing the juror to assent to or 
dissent from the verdict or indictment or concerning the juror's mental 
processes in connection therewith, except that a juror may testify on 
the question whether extraneous prejudicial information was improperly 
brought to the jury's attention or whether any outside influence was 
improperly brought to bear upon any juror. Nor may a juror's affidavit 
or evidence of any statement by the juror concerning a matter about 
which the juror would be precluded from testifying be received for these 
purposes.
(As amended Dec. 12, 1975; Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 607. Who May Impeach
    The credibility of a witness may be attacked by any party, including 
the party calling the witness.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 608. Evidence of Character and Conduct of Witness
    (a) Opinion and reputation evidence of character.--The credibility 
of a witness may be attacked or supported by evidence in the form of 
opinion or reputation, but subject to these limitations: (1) the 
evidence may refer only to character for truthfulness or untruthfulness, 
and (2) evidence of truthful character is admissible only after the 
character of the witness for truthfulness has been attacked by opinion 
or reputation evidence or otherwise.
    (b) Specific instances of conduct.--Specific instances of the 
conduct of a witness, for the purpose of attacking or supporting the 
witness' character for truthfulness, other than conviction of crime as 
provided in rule 609, may not be proved by extrinsic evidence. They may, 
however, in the discretion of the court, if probative of truthfulness or 
untruthfulness, be inquired into on cross-examination of the witness (1) 
concerning the witness' character for truthfulness or untruthfulness, or 
(2) concerning the character for truthfulness or untruthfulness of 
another witness as to which character the witness being cross-examined 
has testified.
    The giving of testimony, whether by an accused or by any other 
witness, does not operate as a waiver of the accused's or the witness' 
privilege against self-incrimination when examined with respect to 
matters that relate only to 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.)
Rule 609. Impeachment by Evidence of Conviction of Crime
    (a) General rule.--For the purpose of attacking the credibility of a 
witness,
            (1) evidence that a witness other than an accused has been 
        convicted of a crime shall be admitted, subject to Rule 403, if 
        the crime was punishable by death or imprisonment in excess of 
        one year under the law under which the witness was convicted, 
        and evidence that an accused has been convicted of such a crime 
        shall be admitted if the court determines that the probative 
        value of admitting this evidence outweighs its prejudicial 
        effect to the accused; and
            (2) evidence that any witness has been convicted of a crime 
        shall be admitted if it involved dishonesty or false statement, 
        regardless of the punishment.
    (b) Time limit.--Evidence of a conviction under this rule is not 
admissible if a period of more than ten years has elapsed since the date 
of the conviction or of the release of the witness from the confinement 
imposed for that conviction, whichever is the later date, unless the 
court determines, in the interests of justice, that the probative value 
of the conviction supported by specific facts and circumstances 
substantially outweighs its prejudicial effect. However, evidence of a 
conviction more than 10 years old as calculated herein, is not 
admissible unless the proponent gives to the adverse party sufficient 
advance written notice of intent to use such evidence to provide the 
adverse party with a fair opportunity to contest the use of such 
evidence.
    (c) Effect of pardon, annulment, or certificate of rehabilitation.--
Evidence of a conviction is not admissible under this rule if (1) the 
conviction has been the subject of a pardon, annulment, certificate of 
rehabilitation, or other equivalent procedure based on a finding of the 
rehabilitation of the person convicted, and that person has not been 
convicted of a subsequent crime which was punishable by death or 
imprisonment in excess of 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 juvenile adjudications is 
generally not admissible under this rule. The court may, however, in a 
criminal case allow evidence of a juvenile adjudication of a witness 
other than the accused if conviction of the offense would be admissible 
to attack the credibility of an adult and the court is satisfied that 
admission in evidence is necessary for a fair determination of the issue 
of guilt or innocence.
    (e) Pendency of appeal.--The pendency of an appeal therefrom does 
not render evidence of a conviction inadmissible. Evidence of the 
pendency of an appeal is admissible.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 
1990.)
Rule 610. Religious Beliefs or Opinions
    Evidence of the beliefs or opinions of a witness on matters of 
religion is not admissible for the purpose of showing that by reason of 
their nature the witness' credibility is impaired or enhanced.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 611. Mode and Order of Interrogation and Presentation
    (a) Control by court.--The court shall exercise reasonable control 
over the mode and order of interrogating witnesses and presenting 
evidence so as to (1) make the interrogation and presentation effective 
for the ascertainment of the truth, (2) avoid needless consumption of 
time, and (3) protect witnesses from harassment or undue embarrassment.
    (b) Scope of cross-examination.--Cross-examination should be limited 
to the subject matter of the direct examination and matters affecting 
the credibility of the witness. The court may, in the exercise of 
discretion, permit inquiry into additional matters as if on direct 
examination.
    (c) Leading questions.--Leading questions should not be used on the 
direct examination of a witness except as may be necessary to develop 
the witness' testimony. Ordinarily leading questions should be permitted 
on cross-examination. When a party calls a hostile witness, an adverse 
party, or a witness identified with an adverse party, interrogation may 
be by leading questions.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 612. Writing Used To Refresh Memory
    Except as otherwise provided in criminal proceedings by section 3500 
of title 18, United States Code, if a witness uses a writing to refresh 
memory for the purpose of testifying, either--
            (1) while testifying, or
            (2) before testifying, if the court in its discretion 
        determines it is necessary in the interests of justice,
an adverse party is entitled to have the writing produced at the 
hearing, to inspect it, to cross-examine the witness thereon, and to 
introduce in evidence those portions which relate to the testimony of 
the witness. If it is claimed that the writing contains matters not 
related to the subject matter of the testimony the court shall examine 
the writing in camera, excise any portions not so related, and order 
delivery of the remainder to the party entitled thereto. Any portion 
withheld over objections shall be preserved and made available to the 
appellate court in the event of an appeal. If a writing is not produced 
or delivered pursuant to order under this rule, the court shall make any 
order justice requires, except that in criminal cases when the 
prosecution elects not to comply, the order shall be one striking the 
testimony or, if the court in its discretion determines that the 
interests of justice so require, declaring a mistrial.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 613. Prior Statements of Witnesses
    (a) Examining witness concerning prior statement.--In examining a 
witness concerning a prior statement made by the witness, whether 
written or not, the statement need not be shown nor its contents 
disclosed to the witness at that time, but on request the same shall be 
shown or disclosed to opposing counsel.
    (b) Extrinsic evidence of prior inconsistent statement of witness.--
Extrinsic evidence of a prior inconsistent statement by a witness is not 
admissible unless the witness is afforded an opportunity to explain or 
deny the same and the opposite party is afforded an opportunity to 
interrogate the witness thereon, or the interests of justice otherwise 
require. This provision does not apply to admissions of a party-opponent 
as defined in rule 801(d)(2).
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988.)
Rule 614. Calling and Interrogation of Witnesses by Court
    (a) Calling by court.--The court may, on its own motion or at the 
suggestion of a party, call witnesses, and all parties are entitled to 
cross-examine witnesses thus called.
    (b) Interrogation by court.--The court may interrogate witnesses, 
whether called by itself or by a party.
    (c) Objections.--Objections to the calling of witnesses by the court 
or to interrogation by it may be made at the time or at the next 
available opportunity when the jury is not present.
Rule 615. Exclusion of Witnesses
    At the request of a party the court shall order witnesses excluded 
so that they cannot hear the testimony of other witnesses, and it may 
make the order of its own motion. This rule does not authorize exclusion 
of (1) a party who is a natural person, or (2) an officer or employee of 
a party which is not a natural person designated as its representative 
by its attorney, or (3) a person whose presence is shown by a party to 
be essential to the presentation of the party's cause, or (4) a person 
authorized by statute to be present.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Nov. 18, 1988; Apr. 24, 1998, eff. Dec. 1, 1998.)

               ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 701. Opinion Testimony by Lay Witnesses
    If the witness is not testifying as an expert, the witness' 
testimony in the form of opinions or inferences is limited to those 
opinions or inferences which are (a) rationally based on the perception 
of the witness, and (b) helpful to a clear understanding of the witness' 
testimony or the determination of 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.)
Rule 702. Testimony by Experts
    If scientific, technical, or other specialized knowledge will assist 
the trier of fact to understand the evidence or to determine a fact in 
issue, a witness qualified as an expert by knowledge, skill, experience, 
training, or education, may testify thereto in the form of an opinion or 
otherwise, if (1) the testimony is based upon sufficient facts or data, 
(2) the testimony is the product of reliable principles and methods, and 
(3) the witness has applied the principles and methods reliably to the 
facts of the case.
(As amended Apr. 17, 2000, eff. Dec. 1, 2000.)
Rule 703. Bases of Opinion Testimony by Experts
    The facts or data in the particular case upon which an expert bases 
an opinion or inference may be those perceived by or made known to the 
expert at or before the hearing. If of a type reasonably relied upon by 
experts in the particular field in forming opinions or inferences upon 
the subject, the facts or data need not be admissible in evidence in 
order for the opinion or inference to be admitted. Facts or data that 
are otherwise inadmissible shall not be disclosed to the jury by the 
proponent of the opinion or inference unless the court determines that 
their probative value in assisting the jury to evaluate the expert's 
opinion substantially outweighs their prejudicial effect.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 
2000.)
Rule 704. Opinion on Ultimate Issue
    (a) Except as provided in subdivision (b), testimony in the form of 
an opinion or inference otherwise admissible is not objectionable 
because it embraces an ultimate issue to be decided by the trier of 
fact.
    (b) No expert witness testifying with respect to the mental state or 
condition of a defendant in a criminal case may state an opinion or 
inference as to whether the defendant did or did not have the mental 
state or condition constituting an element of the crime charged or of a 
defense thereto. Such ultimate issues are matters for the trier of fact 
alone.
(As amended Oct. 12, 1984.)
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
    The expert may testify in terms of opinion or inference and give 
reasons therefor without first testifying to the underlying facts or 
data, unless the court requires otherwise. The expert may in any event 
be required to disclose the underlying facts or data on cross-
examination.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 
1993.)
Rule 706. Court Appointed Experts
    (a) Appointment.--The court may on its own motion or on the motion 
of any party enter an order to show cause why expert witnesses should 
not be appointed, and may request the parties to submit nominations. The 
court may appoint any expert witnesses agreed upon by the parties, and 
may appoint expert witnesses of its own selection. An expert witness 
shall not be appointed by the court unless the witness consents to act. 
A witness so appointed shall be informed of the witness' duties by the 
court in writing, a copy of which shall be filed with the clerk, or at a 
conference in which the parties shall have opportunity to participate. A 
witness so appointed shall advise the parties of the witness' findings, 
if any; the witness' deposition may be taken by any party; and the 
witness may be called to testify by the court or any party. The witness 
shall be subject to cross-examination by each party, including a party 
calling the witness.
    (b) Compensation.--Expert witnesses so appointed are entitled to 
reasonable compensation in whatever sum the court may allow. The 
compensation thus fixed is payable from funds which may be provided by 
law in criminal cases and civil actions and proceedings involving just 
compensation under the fifth amendment. In other civil actions and 
proceedings the compensation shall be paid by the parties in such 
proportion and at such time as the court directs, and thereafter charged 
in like manner as other costs.
    (c) Disclosure of appointment.--In the exercise of its discretion, 
the court may authorize disclosure to the jury of the fact that the 
court appointed the expert witness.
    (d) Parties' experts of own selection.--Nothing in this rule limits 
the parties in calling expert witnesses of their own selection.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)

                          ARTICLE VIII. HEARSAY

Rule 801. Definitions
    The following definitions apply under this article:
    (a) Statement.--A ``statement'' is (1) an oral or written assertion 
or (2) nonverbal conduct of a person, if it is intended by the person as 
an assertion.
    (b) Declarant.--A ``declarant'' is a person who makes a statement.
    (c) Hearsay.--``Hearsay'' is a statement, other than one made by the 
declarant while testifying at the trial or hearing, offered in evidence 
to prove the truth of the matter asserted.
    (d) Statements which are not hearsay.--A statement is not hearsay 
if--
            (1) Prior statement by witness.--The declarant testifies at 
        the trial or hearing and is subject to cross-examination 
        concerning the statement, and the statement is (A) inconsistent 
        with the declarant's testimony, and was given under oath subject 
        to the penalty of perjury at a trial, hearing, or other 
        proceeding, or in a deposition, or (B) consistent with the 
        declarant's testimony and is offered to rebut an express or 
        implied charge against the declarant of recent fabrication or 
        improper influence or motive, or (C) one of identification of a 
        person made after perceiving the person; or
            (2) Admission by party-opponent.--The statement is offered 
        against a party and is (A) the party's own statement, in either 
        an individual or a representative capacity or (B) a statement of 
        which the party has manifested an adoption or belief in its 
        truth, or (C) a statement by a person authorized by the party to 
        make a statement concerning the subject, or (D) a statement by 
        the party's agent or servant concerning a matter within the 
        scope of the agency or employment, made during the existence of 
        the relationship, or (E) a statement by a coconspirator of a 
        party during the course and in furtherance of the conspiracy. 
        The contents of the statement shall be considered but are not 
        alone sufficient to establish the declarant's authority under 
        subdivision (C), the agency or employment relationship and scope 
        thereof under subdivision (D), or the existence of the 
        conspiracy and the participation therein of the declarant and 
        the party against whom the statement is offered under 
        subdivision (E).
(As amended Oct. 16, 1975, eff. Oct. 31, 1975; Mar. 2, 1987, eff. Oct. 
1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997.)
Rule 802. Hearsay Rule
    Hearsay is not admissible except as provided by these rules or by 
other rules prescribed by the Supreme Court pursuant to statutory 
authority or by Act of Congress.
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
    The following are not excluded by the hearsay rule, even though the 
declarant is available as a witness:
            (1) Present sense impression.--A statement describing or 
        explaining an event or condition made while the declarant was 
        perceiving the event or condition, or immediately thereafter.
            (2) Excited utterance.--A statement relating to a startling 
        event or condition made while the declarant was under the stress 
        of excitement caused by the event or condition.
            (3) Then existing mental, emotional, or physical 
        condition.--A statement of the declarant's then existing state 
        of mind, emotion, sensation, or physical condition (such as 
        intent, plan, motive, design, mental feeling, pain, and bodily 
        health), but not including a statement of memory or belief to 
        prove the fact remembered or believed unless it relates to the 
        execution, revocation, identification, or terms of declarant's 
        will.
            (4) Statements for purposes of medical diagnosis or 
        treatment.--Statements made for purposes of medical diagnosis or 
        treatment and describing medical history, or past or present 
        symptoms, pain, or sensations, or the inception or general 
        character of the cause or external source thereof insofar as 
        reasonably pertinent to diagnosis or treatment.
            (5) Recorded recollection.--A memorandum or record 
        concerning a matter about which a witness once had knowledge but 
        now has insufficient recollection to enable the witness to 
        testify fully and accurately, shown to have been made or adopted 
        by the witness when the matter was fresh in the witness' memory 
        and to reflect that knowledge correctly. If admitted, the 
        memorandum or record may be read into evidence but may not 
        itself be received as an exhibit unless offered by an adverse 
        party.
            (6) Records of regularly conducted activity.--A memorandum, 
        report, record, or data compilation, in any form, of acts, 
        events, conditions, opinions, or diagnoses, made at or near the 
        time by, or from information transmitted by, a person with 
        knowledge, if kept in the course of a regularly conducted 
        business activity, and if it was the regular practice of that 
        business activity to make the memorandum, report, record or data 
        compilation, all as shown by the testimony of the custodian or 
        other qualified witness, or by certification that complies with 
        Rule 902(11), Rule 902(12), or a statute permitting 
        certification, unless the source of information or the method or 
        circumstances of preparation indicate lack of trustworthiness. 
        The term ``business'' as used in this paragraph includes 
        business, institution, association, profession, occupation, and 
        calling of every kind, whether or not conducted for profit.
            (7) Absence of entry in records kept in accordance with the 
        provisions of paragraph (6).--Evidence that a matter is not 
        included in the memoranda reports, records, or data 
        compilations, in any form, kept in accordance with the 
        provisions of paragraph (6), to prove the nonoccurrence or 
        nonexistence of the matter, if the matter was of a kind of which 
        a memorandum, report, record, or data compilation was regularly 
        made and preserved, unless the sources of information or other 
        circumstances indicate lack of trustworthiness.
            (8) Public records and reports.--Records, reports, 
        statements, or data compilations, in any form, of public offices 
        or agencies, setting forth (A) the activities of the office or 
        agency, or (B) matters observed pursuant to duty imposed by law 
        as to which matters there was a duty to report, excluding, 
        however, in criminal cases matters observed by police officers 
        and other law enforcement personnel, or (C) in civil actions and 
        proceedings and against the Government in criminal cases, 
        factual findings resulting from an investigation made pursuant 
        to authority granted by law, unless the sources of information 
        or other circumstances indicate lack of trustworthiness.
            (9) Records of vital statistics.--Records or data 
        compilations, in any form, of births, fetal deaths, deaths, or 
        marriages, if the report thereof was made to a public office 
        pursuant to requirements of law.
            (10) Absence of public record or entry.--To prove the 
        absence of a record, report, statement, or data compilation, in 
        any form, or the nonoccurrence or nonexistence of a matter of 
        which a record, report, statement, or data compilation, in any 
        form, was regularly made and preserved by a public office or 
        agency, evidence in the form of a certification in accordance 
        with rule 902, or testimony, that diligent search failed to 
        disclose the record, report, statement, or data compilation, or 
        entry.
            (11) Records of religious organizations.--Statements of 
        births, marriages, divorces, deaths, legitimacy, ancestry, 
        relationship by blood or marriage, or other similar facts of 
        personal or family history, contained in a regularly kept record 
        of a religious organization.
            (12) Marriage, baptismal, and similar certificates.--
        Statements of fact contained in a certificate that the maker 
        performed a marriage or other ceremony or administered a 
        sacrament, made by a clergyman, public official, or other person 
        authorized by the rules or practices of a religious organization 
        or by law to perform the act certified, and purporting to have 
        been issued at the time of the act or within a reasonable time 
        thereafter.
            (13) Family records.--Statements of fact concerning personal 
        or family history contained in family Bibles, genealogies, 
        charts, engravings on rings, inscriptions on family portraits, 
        engravings on urns, crypts, or tombstones, or the like.
            (14) Records of documents affecting an interest in 
        property.--The record of a document purporting to establish or 
        affect an interest in property, as proof of the content of the 
        original recorded document and its execution and delivery by 
        each person by whom it purports to have been executed, if the 
        record is a record of a public office and an applicable statute 
        authorizes the recording of documents of that kind in that 
        office.
            (15) Statements in documents affecting an interest in 
        property.--A statement contained in a document purporting to 
        establish or affect an interest in property if the matter stated 
        was relevant to the purpose of the document, unless dealings 
        with the property since the document was made have been 
        inconsistent with the truth of the statement or the purport of 
        the document.
            (16) Statements in ancient documents.--Statements in a 
        document in existence twenty years or more the authenticity of 
        which is established.
            (17) Market reports, commercial publications.--Market 
        quotations, tabulations, lists, directories, or other published 
        compilations, generally used and relied upon by the public or by 
        persons in particular occupations.
            (18) Learned treatises.--To the extent called to the 
        attention of an expert witness upon cross-examination or relied 
        upon by the expert witness in direct examination, statements 
        contained in published treatises, periodicals, or pamphlets on a 
        subject of history, medicine, or other science or art, 
        established as a reliable authority by the testimony or 
        admission of the witness or by other expert testimony or by 
        judicial notice. If admitted, the statements may be read into 
        evidence but may not be received as exhibits.
            (19) Reputation concerning personal or family history.--
        Reputation among members of a person's family by blood, 
        adoption, or marriage, or among a person's associates, or in the 
        community, concerning a person's birth, adoption, marriage, 
        divorce, death, legitimacy, relationship by blood, adoption, or 
        marriage, ancestry, or other similar fact of personal or family 
        history.
            (20) Reputation concerning boundaries or general history.--
        Reputation in a community, arising before the controversy, as to 
        boundaries of or customs affecting lands in the community, and 
        reputation as to events of general history important to the 
        community or State or nation in which located.
            (21) Reputation as to character.--Reputation of a person's 
        character among associates or in the community.
            (22) Judgment of previous conviction.--Evidence of a final 
        judgment, entered after a trial or upon a plea of guilty (but 
        not upon a plea of nolo contendere), adjudging a person guilty 
        of a crime punishable by death or imprisonment in excess of one 
        year, to prove any fact essential to sustain the judgment, but 
        not including, when offered by the Government in a criminal 
        prosecution for purposes other than impeachment, judgments 
        against persons other than the accused. The pendency of an 
        appeal may be shown but does not affect admissibility.
            (23) Judgment as to personal, family, or general history, or 
        boundaries.--Judgments as proof of matters of personal, family 
        or general history, or boundaries, essential to the judgment, if 
        the same would be provable by evidence of reputation.
            (24) [Other exceptions.] [Transferred to Rule 807]
(As amended Dec. 12, 1975; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 
1997, eff. Dec. 1, 1997; Apr. 17, 2000, eff. Dec. 1, 2000.)
Rule 804. Hearsay Exceptions; Declarant Unavailable
    (a) Definition of unavailability.--``Unavailability as a witness'' 
includes situations in which the declarant--
            (1) is exempted by ruling of the court on the ground of 
        privilege from testifying concerning the subject matter of the 
        declarant's statement; or
            (2) persists in refusing to testify concerning the subject 
        matter of the declarant's statement despite an order of the 
        court to do so; or
            (3) testifies to a lack of memory of the subject matter of 
        the declarant's statement; or
            (4) is unable to be present or to testify at the hearing 
        because of death or then existing physical or mental illness or 
        infirmity; or
            (5) is absent from the hearing and the proponent of a 
        statement has been unable to procure the declarant's attendance 
        (or in the case of a hearsay exception under subdivision (b)(2), 
        (3), or (4), the declarant's attendance or testimony) by process 
        or other reasonable means.
    A declarant is not unavailable as a witness if exemption, refusal, 
claim of lack of memory, inability, or absence is due to the procurement 
or wrongdoing of the proponent of a statement for the purpose of 
preventing the witness from attending or testifying.
    (b) Hearsay exceptions.--The following are not excluded by the 
hearsay rule if the declarant is unavailable as a witness:
            (1) Former testimony.--Testimony given as a witness at 
        another hearing of the same or a different proceeding, or in a 
        deposition taken in compliance with law in the course of the 
        same or another proceeding, if the party against whom the 
        testimony is now offered, or, in a civil action or proceeding, a 
        predecessor in interest, had an opportunity and similar motive 
        to develop the testimony by direct, cross, or redirect 
        examination.
            (2) Statement under belief of impending death.--In a 
        prosecution for homicide or in a civil action or proceeding, a 
        statement made by a declarant while believing that the 
        declarant's death was imminent, concerning the cause or 
        circumstances of what the declarant believed to be impending 
        death.
            (3) Statement against interest.--A statement which was at 
        the time of its making so far contrary to the declarant's 
        pecuniary or proprietary interest, or so far tended to subject 
        the declarant to civil or criminal liability, or to render 
        invalid a claim by the declarant against another, that a 
        reasonable person in the declarant's position would not have 
        made the statement unless believing it to be true. A statement 
        tending to expose the declarant to criminal liability and 
        offered to exculpate the accused is not admissible unless 
        corroborating circumstances clearly indicate the trustworthiness 
        of the statement.
            (4) Statement of personal or family history.--(A) A 
        statement concerning the declarant's own birth, adoption, 
        marriage, divorce, legitimacy, relationship by blood, adoption, 
        or marriage, ancestry, or other similar fact of personal or 
        family history, even though declarant had no means of acquiring 
        personal knowledge of the matter stated; or (B) a statement 
        concerning the foregoing matters, and death also, of another 
        person, if the declarant was related to the other by blood, 
        adoption, or marriage or was so intimately associated with the 
        other's family as to be likely to have accurate information 
        concerning the matter declared.
            (5) [Other exceptions.] [Transferred to Rule 807]
            (6) Forfeiture by wrongdoing.--A statement offered against a 
        party that has engaged or acquiesced in wrongdoing that was 
        intended to, and did, procure the unavailability of the 
        declarant as a witness.
(As amended Dec. 12, 1975; Mar. 2, 1987, eff. Oct. 1, 1987; Nov. 18, 
1988; Apr. 11, 1997, eff. Dec. 1, 1997.)
Rule 805. Hearsay Within Hearsay
    Hearsay included within hearsay is not excluded under the hearsay 
rule if each part of the combined statements conforms with an exception 
to the hearsay rule provided in these rules.
Rule 806. Attacking and Supporting Credibility of Declarant
    When a hearsay statement, or a statement defined in Rule 
801(d)(2)(C), (D), or (E), has been admitted in evidence, the 
credibility of the declarant may be attacked, and if attacked may be 
supported, by any evidence which would be admissible for those purposes 
if declarant had testified as a witness. Evidence of a statement or 
conduct by the declarant at any time, inconsistent with the declarant's 
hearsay statement, is not subject to any requirement that the declarant 
may have been afforded an opportunity to deny or explain. If the party 
against whom a hearsay statement has been admitted calls the declarant 
as a witness, the party is entitled to examine the declarant on the 
statement as if under cross-examination.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 
1997.)
Rule 807. Residual Exception
    A statement not specifically covered by Rule 803 or 804 but having 
equivalent circumstantial guarantees of trustworthiness, is not excluded 
by the hearsay rule, if the court determines that (A) the statement is 
offered as evidence of a material fact; (B) the statement is more 
probative on the point for which it is offered than any other evidence 
which the proponent can procure through reasonable efforts; and (C) the 
general purposes of these rules and the interests of justice will best 
be served by admission of the statement into evidence. However, a 
statement may not be admitted under this exception unless the proponent 
of it makes known to the adverse party sufficiently in advance of the 
trial or hearing to provide the adverse party with a fair opportunity to 
prepare to meet it, the proponent's intention to offer the statement and 
the particulars of it, including the name and address of the declarant.
(Added Apr. 11, 1997, eff. Dec. 1, 1997.)

              ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

Rule 901. Requirement of Authentication or Identification
    (a) General provision.--The requirement of authentication or 
identification as a condition precedent to admissibility is satisfied by 
evidence sufficient to support a finding that the matter in question is 
what its proponent claims.
    (b) Illustrations.--By way of illustration only, and not by way of 
limitation, the following are examples of authentication or 
identification conforming with the requirements of this rule:
            (1) Testimony of witness with knowledge.--Testimony that a 
        matter is what it is claimed to be.
            (2) Nonexpert opinion on handwriting.--Nonexpert opinion as 
        to the genuineness of handwriting, based upon familiarity not 
        acquired for purposes of the litigation.
            (3) Comparison by trier or expert witness.--Comparison by 
        the trier of fact or by expert witnesses with specimens which 
        have been authenticated.
            (4) Distinctive characteristics and the like.--Appearance, 
        contents, substance, internal patterns, or other distinctive 
        characteristics, taken in conjunction with circumstances.
            (5) Voice identification.--Identification of a voice, 
        whether heard firsthand or through mechanical or electronic 
        transmission or recording, by opinion based upon hearing the 
        voice at any time under circumstances connecting it with the 
        alleged speaker.
            (6) Telephone conversations.--Telephone conversations, by 
        evidence that a call was made to the number assigned at the time 
        by the telephone company to a particular person or business, if 
        (A) in the case of a person, circumstances, including self-
        identification, show the person answering to be the one called, 
        or (B) in the case of a business, the call was made to a place 
        of business and the conversation related to business reasonably 
        transacted over the telephone.
            (7) Public records or reports.--Evidence that a writing 
        authorized by law to be recorded or filed and in fact recorded 
        or filed in a public office, or a purported public record, 
        report, statement, or data compilation, in any form, is from the 
        public office where items of this nature are kept.
            (8) Ancient documents or data compilation.--Evidence that a 
        document or data compilation, in any form, (A) is in such 
        condition as to create no suspicion concerning its authenticity, 
        (B) was in a place where it, if authentic, would likely be, and 
        (C) has been in existence 20 years or more at the time it is 
        offered.
            (9) Process or system.--Evidence describing a process or 
        system used to produce a result and showing that the process or 
        system produces an accurate result.
            (10) Methods provided by statute or rule.--Any method of 
        authentication or identification provided by Act of Congress or 
        by other rules prescribed by the Supreme Court pursuant to 
        statutory authority.
Rule 902. Self-authentication
    Extrinsic evidence of authenticity as a condition precedent to 
admissibility is not required with respect to the following:
            (1) Domestic public documents under seal.--A document 
        bearing a seal purporting to be that of the United States, or of 
        any State, district, Commonwealth, territory, or insular 
        possession thereof, or the Panama Canal Zone, or the Trust 
        Territory of the Pacific Islands, or of a political subdivision, 
        department, officer, or agency thereof, and a signature 
        purporting to be an attestation or execution.
            (2) Domestic public documents not under seal.--A document 
        purporting to bear the signature in the official capacity of an 
        officer or employee of any entity included in paragraph (1) 
        hereof, having no seal, if a public officer having a seal and 
        having official duties in the district or political subdivision 
        of the officer or employee certifies under seal that the signer 
        has the official capacity and that the signature is genuine.
            (3) Foreign public documents.--A document purporting to be 
        executed or attested in an official capacity by a person 
        authorized by the laws of a foreign country to make the 
        execution or attestation, and accompanied by a final 
        certification as to the genuineness of the signature and 
        official position (A) of the executing or attesting person, or 
        (B) of any foreign official whose certificate of genuineness of 
        signature and official position relates to the execution or 
        attestation or is in a chain of certificates of genuineness of 
        signature and official position relating to the execution or 
        attestation. A final certification may be made by a secretary of 
        an embassy or legation, consul general, consul, vice consul, or 
        consular agent of the United States, or a diplomatic or consular 
        official of the foreign country assigned or accredited to the 
        United States. If reasonable opportunity has been given to all 
        parties to investigate the authenticity and accuracy of official 
        documents, the court may, for good cause shown, order that they 
        be treated as presumptively authentic without final 
        certification or permit them 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 report or entry therein, or of a document 
        authorized by law to be recorded or filed and actually recorded 
        or filed in a public office, including data compilations in any 
        form, certified as correct by the custodian or other person 
        authorized to make the certification, by certificate complying 
        with paragraph (1), (2), or (3) of this rule or complying with 
        any Act of Congress or rule prescribed by the Supreme Court 
        pursuant to statutory authority.
            (5) Official publications.--Books, pamphlets, or other 
        publications purporting to be issued by public authority.
            (6) Newspapers and periodicals.--Printed materials 
        purporting to be newspapers or periodicals.
            (7) Trade inscriptions and the like.--Inscriptions, signs, 
        tags, or labels purporting to have been affixed in the course of 
        business and indicating ownership, control, or origin.
            (8) Acknowledged documents.--Documents accompanied by a 
        certificate of acknowledgment executed in the manner provided by 
        law by a notary public or other officer authorized by law to 
        take acknowledgments.
            (9) Commercial paper and related documents.--Commercial 
        paper, signatures thereon, and documents relating thereto to the 
        extent provided by general commercial law.
            (10) Presumptions under Acts of Congress.--Any signature, 
        document, or other matter declared by Act of Congress to be 
        presumptively or prima facie genuine or authentic.
            (11) Certified domestic records of regularly conducted 
        activity.--The original or a duplicate of a domestic record of 
        regularly conducted activity that would be admissible under Rule 
        803(6) if accompanied by a written declaration of its custodian 
        or other qualified person, in a manner complying with any Act of 
        Congress or rule prescribed by the Supreme Court pursuant to 
        statutory authority, certifying that the record--
                    (A) was made at or near the time of the occurrence 
                of the matters set forth by, or from information 
                transmitted by, a person with knowledge of those 
                matters;
                    (B) was kept in the course of the regularly 
                conducted activity; and
                    (C) was made by the regularly conducted activity as 
                a regular practice.
                A party intending to offer a record into evidence under 
                this paragraph must provide written notice of that 
                intention to all adverse parties, and must make the 
                record and declaration available for inspection 
                sufficiently in advance of their offer into evidence to 
                provide an adverse party with a fair opportunity to 
                challenge them.
            (12) Certified foreign records of regularly conducted 
        activity.--In a civil case, the original or a duplicate of a 
        foreign record of regularly conducted activity that would be 
        admissible under Rule 803(6) if accompanied by a written 
        declaration by its custodian or other qualified person 
        certifying that the record--
                    (A) was made at or near the time of the occurrence 
                of the matters set forth by, or from information 
                transmitted by, a person with knowledge of those 
                matters;
                    (B) was kept in the course of the regularly 
                conducted activity; and
                    (C) was made by the regularly conducted activity as 
                a regular practice.
                The declaration must be signed in a manner that, if 
                falsely made, would subject the maker to criminal 
                penalty under the laws of the country where the 
                declaration is signed. A party intending to offer a 
                record into evidence under this paragraph must provide 
                written notice of that intention to all adverse parties, 
                and must make the record and declaration available for 
                inspection sufficiently in advance of their offer into 
                evidence to provide an adverse party with a fair 
                opportunity to challenge them.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 
1988; Apr. 17, 2000, eff. Dec. 1, 2000.)
Rule 903. Subscribing Witness' Testimony Unnecessary
    The testimony of a subscribing witness is not necessary to 
authenticate a writing unless required by the laws of the jurisdiction 
whose laws govern the validity of the writing.

      ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

Rule 1001. Definitions
    For purposes of this article the following definitions are 
applicable:
            (1) Writings and recordings.--``Writings'' and 
        ``recordings'' consist of letters, words, or numbers, or their 
        equivalent, set down by handwriting, typewriting, printing, 
        photostating, photographing, magnetic impulse, mechanical or 
        electronic recording, or other form of data compilation.
            (2) Photographs.--``Photographs'' include still photographs, 
        X-ray films, video tapes, and motion pictures.
            (3) Original.--An ``original'' of a writing or recording is 
        the writing or recording itself or any counterpart intended to 
        have the same effect by a person executing or issuing it. An 
        ``original'' of a photograph includes the negative or any print 
        therefrom. If data are stored in a computer or similar device, 
        any printout or other output readable by sight, shown to reflect 
        the data accurately, is an ``original''.
            (4) Duplicate.--A ``duplicate'' is a counterpart produced by 
        the same impression as the original, or from the same matrix, or 
        by means of photography, including enlargements and miniatures, 
        or by mechanical or electronic re-recording, or by chemical 
        reproduction, or by other equivalent techniques which accurately 
        reproduces the original.
Rule 1002. Requirement of Original
    To prove the content of a writing, recording, or photograph, the 
original writing, recording, or photograph is required, except as 
otherwise provided in these rules or by Act of Congress.
Rule 1003. Admissibility of Duplicates
    A duplicate is admissible to the same extent as an original unless 
(1) a genuine question is raised as to the authenticity of the original 
or (2) in the circumstances it would be unfair to admit the duplicate in 
lieu of the original.
Rule 1004. Admissibility of Other Evidence of Contents
    The original is not required, and other evidence of the contents of 
a writing, recording, or photograph is admissible if--
            (1) Originals lost or destroyed.--All originals are lost or 
        have been destroyed, unless the proponent lost or destroyed them 
        in bad faith; or
            (2) Original not obtainable.--No original can be obtained by 
        any available judicial process or procedure; or
            (3) Original in possession of opponent.--At a time when an 
        original was under the control of the party against whom 
        offered, that party was put on notice, by the pleadings or 
        otherwise, that the contents would be a subject of proof at the 
        hearing, and that party does not produce the original at the 
        hearing; or
            (4) Collateral matters.--The writing, recording, or 
        photograph is not closely related to a controlling issue.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 1005. Public Records
    The contents of an official record, or of a document authorized to 
be recorded or filed and actually recorded or filed, including data 
compilations in any form, if otherwise admissible, may be proved by 
copy, certified as correct in accordance with rule 902 or testified to 
be correct by a witness who has compared it with the original. If a copy 
which complies with the foregoing cannot be obtained by the exercise of 
reasonable diligence, then other evidence of the contents may be given.
Rule 1006. Summaries
    The contents of voluminous writings, recordings, or photographs 
which cannot conveniently be examined in court may be presented in the 
form of a chart, summary, or calculation. The originals, or duplicates, 
shall be made available for examination or copying, or both, by other 
parties at reasonable time and place. The court may order that they be 
produced in court.
Rule 1007. Testimony or Written Admission of Party
    Contents of writings, recordings, or photographs may be proved by 
the testimony or deposition of the party against whom offered or by that 
party's written admission, without accounting for the nonproduction of 
the original.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987.)
Rule 1008. Functions of Court and Jury
    When the admissibility of other evidence of contents of writings, 
recordings, or photographs under these rules depends upon the 
fulfillment of a condition of fact, the question whether the condition 
has been fulfilled is ordinarily for the court to determine in 
accordance with the provisions of rule 104. However, when an issue is 
raised (a) whether the asserted writing ever existed, or (b) whether 
another writing, recording, or photograph produced at the trial is the 
original, or (c) whether other evidence of contents correctly reflects 
the contents, the issue is for the trier of fact to determine as in the 
case of other issues of fact.

                     ARTICLE XI. MISCELLANEOUS RULES

Rule 1101. Applicability of Rules
    (a) Courts and judges.--These rules apply to the United States 
district courts, the District Court of Guam, the District Court of the 
Virgin Islands, the District Court for the Northern Mariana Islands, the 
United States courts of appeals, the United States Claims Court, \1\ and 
to United States bankruptcy judges and United States magistrate judges, 
in the actions, cases, and proceedings and to the extent hereinafter set 
forth. The terms ``judge'' and ``court'' in these rules include United 
States bankruptcy judges and United States magistrate judges.
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    \1\ Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 
Stat. 4516, provided that reference in any other Federal law or any 
document to the ``United States Claims Court'' shall be deemed to refer 
to the ``United States Court of Federal Claims''.
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    (b) Proceedings generally.--These rules apply generally to civil 
actions and proceedings, including admiralty and maritime cases, to 
criminal cases and proceedings, to contempt proceedings except those in 
which the court may act summarily, and to proceedings and cases under 
title 11, United States Code.
    (c) Rule of privilege.--The rule with respect to privileges applies 
at all stages of all actions, cases, and proceedings.
    (d) Rules inapplicable.--The rules (other than with respect to 
privileges) do not apply in the following situations:
            (1) Preliminary questions of fact.--The determination of 
        questions of fact preliminary to admissibility of evidence when 
        the issue is to be determined by the court under rule 104.
            (2) Grand jury.--Proceedings before grand juries.
            (3) Miscellaneous proceedings.--Proceedings for extradition 
        or rendition; preliminary examinations in criminal cases; 
        sentencing, or granting or revoking probation; issuance of 
        warrants for arrest, criminal summonses, and search warrants; 
        and proceedings with respect to release on bail or otherwise.
    (e) Rules applicable in part.--In the following proceedings these 
rules apply to the extent that matters of evidence are not provided for 
in the statutes which govern procedure therein or in other rules 
prescribed by the Supreme Court pursuant to statutory authority: the 
trial of misdemeanors and other petty offenses before United States 
magistrate judges; review of agency actions when the facts are subject 
to trial de novo under section 706(2)(F) of title 5, United States Code; 
review of orders of the Secretary of Agriculture under section 2 of the 
Act entitled ``An Act to authorize association of producers of 
agricultural products'' approved February 18, 1922 (7 U.S.C. 292), and 
under sections 6 and 7(c) of the Perishable Agricultural Commodities 
Act, 1930 (7 U.S.C. 499f, 499g(c)); naturalization and revocation of 
naturalization under sections 310-318 of the Immigration and Nationality 
Act (8 U.S.C. 1421-1429); prize proceedings in admiralty under sections 
7651-7681 of title 10, United States Code; review of orders of the 
Secretary of the Interior under section 2 of the Act entitled ``An Act 
authorizing associations of producers of aquatic products'' approved 
June 25, 1934 (15 U.S.C. 522); review of orders of petroleum control 
boards under section 5 of the Act entitled ``An Act to regulate 
interstate and foreign commerce in petroleum and its products by 
prohibiting the shipment in such commerce of petroleum and its products 
produced in violation of State law, and for other purposes'', approved 
February 22, 1935 (15 U.S.C. 715d); actions for fines, penalties, or 
forfeitures under part V of title IV of the Tariff Act of 1930 (19 
U.S.C. 1581-1624), or under the Anti-Smuggling Act (19 U.S.C. 1701-
1711); criminal libel for condemnation, exclusion of imports, or other 
proceedings under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
301-392); disputes between seamen under sections 4079, 4080, and 4081 of 
the Revised Statutes (22 U.S.C. 256-258); habeas corpus under sections 
2241-2254 of title 28, United States Code; motions to vacate, set aside 
or correct sentence under section 2255 of title 28, United States Code; 
actions for penalties for refusal to transport destitute seamen under 
section 4578 of the Revised Statutes (46 U.S.C. 679); \2\ actions 
against the United States under the Act entitled ``An Act authorizing 
suits against the United States in admiralty for damage caused by and 
salvage service rendered to public vessels belonging to the United 
States, and for other purposes'', approved March 3, 1925 (46 U.S.C. 781-
790), as implemented by section 7730 of title 10, United States Code.
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    \2\ Repealed and reenacted as 46 U.S.C. 11104(b)-(d) by Pub. L. 98-
89, Sec. Sec. 1, 2(a), 4(b), Aug. 26, 1983, 97 Stat. 500.
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(As amended Dec. 12, 1975; Nov. 6, 1978, eff. Oct. 1, 1979; Apr. 2, 
1982, eff. Oct. 1, 1982; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, 
eff. Nov. 1, 1988; Nov. 18, 1988; Apr. 22, 1993, eff. Dec. 1, 1993.)
Rule 1102. Amendments
    Amendments to the Federal Rules of Evidence may be made as provided 
in section 2072 of title 28 of the United States Code.
(As amended Apr. 30, 1991, eff. Dec. 1, 1991.)
Rule 1103. Title
    These rules may be known and cited as the Federal Rules of Evidence.

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