Rule 101

"Scope"

• Applicable in Federal Court
• Defines the rule broadly

Rule 102

"Purpose and Construction"

• Rules used for:
  • Secure fairness
  • Elimination of unjustifiable expense/delay
  • Promotion of growth and development of law

 

• "That the TRUTH MAY BE ASCERTAINED"

• Evidence of the following is NOT allowed:
  • Guilty plea, later withdrawn
  • Nolo contendre plea
  • Statement made in Rule 11 proceedings regarding above two pleas
  • Statements made in plea discussions WITH PROSECUTING ATTORNEY

• TWO EXCEPTIONS:
  1. Proceeding where another statement from the same discussion has already been introduced  --AND--  Statement ought in fairness be considered along with it

1.  
   1. Criminal proceeding for PERJURY or FALSE STATEMENT
   • If statement was made by defendant under oath, on the record, and in presence of counsel

"Liability Insurance"

• Evidence that a person was NOT insured against liability is  NOT ADMISSIBLE if used to prove:
  • Person acted negligently or wrongfully

• EXCEPTION -- When offered for another purpose, such as proof of:
  • Agency
  • Ownership
  • Control
  • Bias/prejudice of witness