Federal Rules of Evidence: Examples Chart

Relevance Rules
Rule Description Example
Rule 401 Evidence is relevant if it has any In a car accident case, skid
tendency to make a material fact more marks on the road are
or less probable relevant because they tend
to show how fast the
vehicle was traveling
Rule 402 Relevant evidence is admissible unless Evidence of a defendant’s
excluded by another rule; irrelevant wealth is typically
evidence is inadmissible irrelevant in a simple
negligence case and would
be inadmissible
Rule 403 Relevant evidence may be excluded if its Gruesome crime scene
probative value is substantially photos might be excluded
outweighed by unfair prejudice, if they would unduly
confusion, etc. inflame the jury even
though they are technically
relevant

Character Evidence
Rule Description Example
Rule 404(a) Character evidence generally not In a fraud case, evidence
admissible to prove conduct that the defendant is
generally dishonest cannot
be used to prove she
committed this specific
fraud
Rule 404(a)(2) In criminal cases, defendant may offer A murder defendant may
evidence of pertinent character trait present witnesses to
testify about his peaceful
character
Rule 404(b) Evidence of other crimes/wrongs not Prior bank robberies can’t
admissible to prove character, but may be used to show defendant
be for other purposes is a “bank robber” but
might be admissible to
show knowledge of bank
security protocols
Rule 405 Methods of proving character A character witness may
testify that “in my opinion,
Rule Description Example
the defendant is a peaceful
person” but cannot detail
specific instances of
peaceful behavior unless
character is an essential
element

Habit/Routine Evidence
Rule Description Example
Rule 406 Evidence of habit or routine practice Evidence that a doctor
admissible to prove conduct always checks for allergies
before prescribing
medication is admissible to
show she likely followed
that practice in this
instance

Subsequent Remedial Measures

Rule Description Example
Rule 407 Subsequent remedial measures not Evidence that a store
admissible to prove negligence, installed better lighting
culpable conduct, etc. after a slip-and-fall
accident is not admissible
to prove the previous
lighting was inadequate

Compromise Offers and Negotiations

Rule Description Example
Rule 408 Compromise offers and negotiations not Evidence that a defendant
admissible to prove/disprove validity of offered to settle a case for
claim $50,000 is inadmissible to
prove liability
Rule 409 Offers to pay medical expenses not Evidence that a
admissible to prove liability homeowner offered to pay
for a visitor’s hospital bills
after they fell on his
property is inadmissible to
prove negligence

Pleas and Related Statements

Rule Description Example
Rule 410 Pleas, plea discussions, and related Evidence that a defendant
Rule Description Example
statements not admissible against initially agreed to plead
defendant guilty but later withdrew
the plea is inadmissible

Witness Testimony Rules

Rule Description Example
Rule 601 General rule of competency A child witness may be
permitted to testify if they
demonstrate
understanding of the duty
to tell the truth
Rule 602 Personal knowledge requirement A witness cannot testify
about the speed of a car
unless they actually saw it
Rule 608 Evidence of character for truthfulness After a witness’s
credibility is attacked,
another witness may
testify that “the witness
has a reputation for
truthfulness in the
community”
Rule 609 Impeachment by evidence of criminal Evidence that a witness
conviction was convicted of perjury
last year is admissible to
attack their credibility
Rule 611 Mode of questioning witnesses Leading questions are
generally not allowed on
direct examination but are
permitted on cross-
examination
Rule 612 Writing used to refresh memory If a witness reviews their
notes before testifying,
opposing counsel may
examine those notes and
introduce them into
evidence
Rule 613 Witness’s prior statement A witness may be asked
about their previous
inconsistent statement to
impeach their testimony
Rule 615 Excluding witnesses The defense requests that
all witnesses be excluded
Rule Description Example
from the courtroom so
they won’t hear each
other’s testimony

Opinion Testimony
Rule Description Example
Rule 701 Opinion testimony by lay witness A non-expert witness may
testify that “the driver
appeared drunk” based on
personal observation
Rule 702 Testimony by expert witness A forensic accountant may
offer opinions about
complex financial
transactions
Rule 703 Bases of an expert’s opinion A doctor may base her
expert opinion partially on
patient statements that
would otherwise be
hearsay
Rule 704 Opinion on ultimate issue An expert may testify that
“in my opinion, the brake
system was defective,”
even though that’s an
ultimate issue in the case
Rule 705 Disclosing facts/data underlying An expert can state
opinion opinions without first
testifying to underlying
facts, but may be required
to disclose them on cross-
examination

Hearsay and Its Exceptions

Rule Description Example
Rule 801(a)-(c) Definition of hearsay “John told me the light was
red” is hearsay if offered to
prove the light was
actually red
Rule 801(d)(1) Prior statements by witness (not A witness’s prior
hearsay) testimony under oath that
contradicts their current
testimony is not hearsay
Rule 801(d)(2) Opposing party’s statement (not The defendant’s statement
Rule Description Example
hearsay) “I never checked the
brakes” is not hearsay
when offered by the
plaintiff
Rule 802 Hearsay rule A witness generally cannot
testify about what
someone else said to prove
the truth of that statement
Rule 803(1) Present sense impression A 911 caller stating “a red
car is running the light
right now” as they witness
it
Rule 803(2) Excited utterance A bystander shouting “that
truck just ran the stop
sign!” immediately after an
accident
Rule 803(3) Then-existing mental/emotional A victim’s statement “I’m
condition afraid of the defendant” to
show fear (but not to
prove why)
Rule 803(4) Statement for medical A patient telling their
diagnosis/treatment doctor “I fell down the
stairs” for treatment
purposes
Rule 803(5) Recorded recollection A witness’s written notes
about an event they can no
longer fully recall
Rule 803(6) Records of regularly conducted activity Business records showing
regular inventory
procedures
Rule 803(8) Public records An official weather report
showing it was raining at
the time of an accident
Rule 804(b)(1) Former testimony Prior testimony from a
witness who has since died
Rule 804(b)(2) Statement under belief of imminent A dying victim’s statement
death identifying their attacker
Rule 804(b)(3) Statement against interest A statement that would
expose the speaker to civil
or criminal liability
Rule 807 Residual exception A statement not covered
Rule Description Example
by Rules 803 or 804 but
with equivalent guarantees
of trustworthiness

Authentication and Identification

Rule Description Example
Rule 901 Authentication requirement A witness testifies that a
photograph accurately
depicts the scene of an
accident
Rule 902 Self-authenticating evidence Certified copies of public
records that require no
extrinsic evidence of
authenticity

Best Evidence Rule

Rule Description Example
Rule 1001 Definitions for purposes of best An “original” document
evidence rule includes the document
itself or any identical
duplicate
Rule 1002 Requirement of original To prove the contents of a
written contract, the
original must be produced
unless unavailable
Rule 1003 Admissibility of duplicates A photocopy of a contract
is admissible unless there’s
a genuine question about
authenticity
Rule 1004 Admissibility of other evidence of Testimony about a
content contract’s contents is
allowed if the original was
destroyed in a fire
Rule 1005 Copies of public records A copy of a public record is
admissible if certified or
otherwise authenticated
Rule 1006 Summaries Charts summarizing
voluminous business
records are admissible if
the underlying records are
available for inspection
Rule Description Example
Rule 1007 Testimony or statement of party A party’s testimony about
a document’s content can
prove that content without
producing the original