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First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. [1] In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules.
Although Rule 611(c) of the Federal Rules of Evidence (and comparable rules of many states) do not prohibit leading questions on re-direct, some [which?] states have expressly limited the use of leading questions on re-direct. As a practical matter, it rests within the trial court's discretion as to what leading questions may be asked on re-direct.
The Federal Rules of Evidence states rules regarding a piece of evidence's relevancy and whether or not it is admissible. [7] F.R.E. 402 states relevant evidence is admissible unless otherwise excluded by: "The U.S. Constitution, a federal statute, the Federal Rules of Evidence, or other rules proscribed by the Supreme Court."
Some documents are exempt from hearsay rules of evidence. [6] Beyond the scope: a question asked during cross-examination must be within the scope of direct, and so on. Calls for a conclusion: the question asks for an opinion rather than facts. Calls for speculation: the question asks the witness to guess the answer rather than to rely on known ...
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts.
Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the U.S. Supreme Court held that the Federal Rules of Evidence superseded Frye as the standard for admissibility of expert evidence in federal courts. [1] Some states, however, still adhere to the Frye standard.
According to Rule 401 of the Federal Rules of Evidence (FRE), evidence is relevant if it has the "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." [9] Federal Rule 403 allows relevant evidence to be excluded "if its ...
In the United States federal courts, a cross-examining attorney is generally limited by Rule 611 of the Federal Rules of Evidence to the "subject matter of the direct examination and matters affecting the witness's credibility". The rule also permits the trial court, in its discretion, to "allow inquiry into additional matters as if on direct ...