Federal Rules of Evidence
PL 93-595 (H.R.5463), enacted 01/02/1975

1926 
PUBLIC LAW 93-594-JAN. 2, 1975 
[88 STAT. 
(b) The release of the conditions described in subsection (a) of 
the first section of this Act shall not take effect with respect to any of 
the certain portions until such time as an exchange of real property for 
that certain portion is executed in accordance with the terms of agree-
ment described in subsection (a) of this section. 
Approved January 2, 1975. 
January 2, 1975 
[H. R. 526.4] 
Public Law 93-594 
AN ACT 
To amend section 3(f) of the Federal Property and Administrative Services 
Xct of 1949, with respect to American Samoa, Guam, and the Trust Territory 
of the Pacific Islands. 
40 u s e 472. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 3(f) 
of the Federal Property Administrative Services Act of 1949 is 
amended by inserting after the words "Puerto Rico," the words 
"American Samoa, Guam, the Trust Territory of the Pacific Islands,". 
Approved January 2, 1975. 
January 2, 1975 
[H. R. 5463] 
Federal Rules 
of Evidence. 
28 u s e app. 
Effective date. 
Public Law 93-595 
AN ACT 
To establish rules of evidence for certain courts and proceedings. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the following 
rules shall take effect on the one hundred and eightieth day beginning 
after the date of the enactment of this Act. These rules apply to 
actions, cases, and proceedings brought after the rules take effect. 
These rules also apply to further procedure in actions, cases, and pro-
ceedings then pending, except to the extent that application of the 
rules would not be feasible, or would work injustice, in which event 
former evidentiary principles apply. 
TABLE OF CONTENTS 
ARTICLE I. GENERAL PROVISIONS 
Rule 101. Scope. 
Rule 102. Purpose and construction. 
Rule 103. Rulings on evidence : 
(a) Effect of erroneous ruling: 
(1) Objection. 
(2) OfEer of proof. 
(b) Record of offer and ruling. 
(c) Hearing of jury. 
(d) Plain error. 
Rule 104. Preliminary questions: 
(a) Questions of admissibility generally. 
(b) Relevancy conditioned on fact. 
(c) Hearing of jury. 
(d) Testimony by accused. 
(e) Weight and credibility. 
Rule 105. Limited admissibility. 
Rule 106. Remainder of or related writings on recorded statements. 
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ARTICLE II. JUDICIAL NOTICE 
Rule 201. Judicial notice of adjudicative facts: 
(a) Scope of rule. 
(b) Kinds of facts. 
(c) When discretionary. 
(d) When mandatory. 
(e) Opportunity to be heard. 
(f) Time of taking notice. 
(g) Instructing jury. 
ARTICLE III. 
PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 
Rule 301. Presumptions in general civil actions and proceedings. 
Rule 302. Applicability of State law in civil actions and proceedings. 
ARTICLE IV. RELEVANCY AND I T S LIMITS 
Rule 401. Definition of "relevant evidence". 
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmis-
sible. 
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or 
waste of time. 
Rule 404, Character evidence not admissible to prove conduct; exceptions; other 
crimes: 
(a) Character evidence generally : 
(1) Character of accused. 
(2) Character of victim. 
(3) Character of witness. 
(b) Other crimes, wrongs, or acts. 
Rule 405. Methods of proving character: 
(a) Reputation. 
(b) Specific instances of conduct. 
Rule 406. Habit; routine practice. 
Rule 407. Subsequent remedial measures. 
Rule 408. Compromise and offers to compromise. 
Rule 409. Payment of medical and similar expenses. 
Rule 410. Offer to plead guilty; nolo contendere; withdrawn plea of guilty. 
Rule 411. Liability insurance. 
ARTICLE V. 
PRIVILEGES 
Rule 501. General Rule. 
ARTICLE 
Y I . 
WITNESSES 
Rule 601. General rule of competency. 
Rule 602. Jjack of personal knowledge. 
Rule 603. Oath or affirmation. 
Rule 604. Interpreters. 
Rule 605. Competency of judge as witness. 
Rule 606. Competency of juror as witness : 
(a) At the trial. 
(b) Inquiry into validity of verdict or indictment. 
Rule 607. Who may impeach. 
Rule 608. Evidence of character and conduct of witness: 
(a) Reputation evidence of character. 
(b) Specific instances of conduct. 
Rule 609. Impeachment by evidence of conviction of crime: 
(a) General rule. 
(b) Time limit. 
(c) Effect of pardon, annulment, or certificate of rehabilitation. 
(d) Juvenile adjudications. 
(e) Pendency of appeal. 
Rule 610. Religious beliefs or opinions. 
Rule 611. Mode and order of interrogation and presentation : 
(a) Control by court. 
(b) Scope of cross-examination. 
(c) Leading questions. 
Rule 612. Writing used to refresh memory. 
Rule 613. Prior statements of witnesses: 
(a) Examining witness concerning prior statement. 
(b) Extrinsic evidence of prior inconsistent statement of witness. 
Rule 614. Calling and interrogation of witnesses by court: 
(a) Calling by court. 
(b) Interrogation by court. 
(c) Objections. 
Rule 615. Exclusion of witnesses. 
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ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 
Bule 701. Opinion testimony by lay witnesses. 
Rule 702. Testimony by experts. 
Kule 703. Bases of opinion testimony by experts. 
Rule 704. Opinion on ultimate issue. 
Rule 705. Disclosure of facts or data underlying expert opinion. 
Bule 706. Court appointed experts: 
(a) Appointment. 
(b) Compensation. 
(c) Disclosure of appointment. 
(d) Parties' experts of own selection. 
ARTICLE VIII. HEARSAY 
Rule 801. Definitions: 
(a) Statement. 
(b) Declarant. 
(c) Hearsay. 
(d) Statements which are not hearsay: 
(1) Prior statement by witness. 
(2) Admission by party-opponent. 
Rule 802. Hearsay rule. 
Rule 803. Hearsay exceptions; availability of declarant immaterial: 
(1) Present sense impression. 
(2) Excited utterance. 
(3) Then existing mental, emotional, or physical condition. 
(4) Statements for purposes of medical diagnosis or treatment. 
(5) Recorded recollection. 
(6) Records of regularly conducted activity. 
(7) Absence of entry in records kept in accordance with the provisions 
of paragraph (6). 
(8) Public records and reports. 
(9) Records of vital statistics. 
(10) Absence of public record or entry. 
(11) Records of religious organizations. 
(12) Marriage, baptismal, and similar certificates. 
(13) Family records. 
(14) Records of documents affecting an interest in property. 
(15) Statements in documents affecting an interest in property. 
(16) Statements in ancient documents. 
(17) Market reports, commercial publications. 
(18) Learned treatises. 
(19) Reputation concerning personal or family history. 
(20) Reputation concerning boundaries or general history. 
(21) Reputation as to character. 
(22) Judgment of previous conviction. 
(23) Judgment as to personal, family, or general history, or boundaries. 
(24) Other exceptions. 
Rule 804. Hearsay exceptions; declarant unavailable : 
(a) Definition of unavailability. 
(b) Hearsay exceptions: 
(1) Former testimony. 
(2) Statement under belief of impending death. 
(3) Statement against interest. 
(4) Statement of personal or family history. 
(5) Other exceptions. 
Rule 805. Hearsay within hearsay. 
Rule 800. Attacking and supporting credibility of declarant. 
AuTicLE IX. AUTHENTICATION AND IDENTIFICATION 
Rule 901. Requirement of authentication or identification: 
(a) General provision. 
(b) lllnstraUons: 
(1) Testimony of witness with knowledge. 
(2) Nonexpert opinion on handwriting. 
(3) Comparison by trier or expert witness. 
(4) Distinctive characteristics and the like, 
(5) A'oice identification. 
(6) Telephone conversations. 
(7) Public records or reports. 
(8) Ancient documents or data compilations. 
(9) Process or system, 
(10) Methods provided by statute or rule. 
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1929 
Rule 902. Self-authentication; 
(1) Domestic public documents under seal. 
(2) Domestic public documents not under seal. 
(3) Foreign public documents. 
(4) Certified copies of public records. 
(5) OflScial publications. 
(6) Newspapers and periodicals. 
(7) Trade inscriptions and the like. 
(8) Acknowledged documents. 
(9) Commercial paper and related documents. 
(10) Presumptions under Acts of Congress. 
Rule 903. Subscribing witness' testimony unnecessary. 
ARTICLE X. 
CONTENTS OF WEITINQS, RECOEDINGS, AND PHOTOGEAPHS 
Rule 1001. Definitions: 
(1) Writings and recordings. 
(2) Photographs. 
(3) Original. 
(4) Duplicate. 
Rule 1002. Requirement of original. 
Rule 1003. Admissibility of duplicates. 
Rule 1004. Admissibility of other evidence of contents : 
(1) Originals lost or destroyed. 
(2) Original not obtainable. 
(3) Original in possession of opponent. 
(4) Collateral matters. 
Rule 1005. Public records. 
Rule 1006. Summaries. 
Rule 1007. Testimony or written admission of party. 
Rule 1008. Functions of court and jury. 
AETICLE XI. MISCELLANEOUS RULES 
Rule 1101. Applicability of rules : 
(a) Courts and magistrates. 
(b) Proceedings generally. 
(c) Rules of privilege. 
(d) Rules inapplicable: 
(1) Preliminary questions of fact. 
(2) Grand jury. 
(3) Miscellaneous proceedings. 
(e) Rules applicable in part. 
Rule 1102. Amendments. 
Rule 1103. Title. 
RULES OF EVIDENCE FOR UNITED STATES 
28 use app. 
COURTS AND MAGISTRATES 
ARTICLE I. GENERAL PROVISIONS 
Rule 101. Scope 
These rules govern proceedings in the courts of the United States 
m d before United States magistrates, to the extent and with the excep-
tions stated in rule 1101. 
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 
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[88 STAT. 
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. 
(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 con-
ducted, to the extent practicable, so as to prevent inadmissible evi-
dence 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. 
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 evi-
dence depends upon the fulfillment of a condition of fact, the court 
shall admit it upon, or subject to, the introduction of evidence suffi-
cient 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, if he so requests. 
(d) Testimony by accused.—The accused does not, by testifying 
upon a preliminary matter, subject himself to cross-examination as to 
other issues in the case. 
(e) Weight and credibility.—This rule does not limit the ri^ht of a 
party to introduce before the jury evidence relevant to weight or 
credibility. 
Rule 105. Limited Admissibility 
When evidence which is admissible as to one party or for one pur-
pose 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 him at that time to intro-
diice any other part or any other writing or recorded statement 
which ought in fairness to be considered contemporaneously with it. 
ARTICLE II. JUDICIAL NOTICE 
Rule 201. Judicial Notice of Adjudicative Facts 
(a) Scope of rule.—This rule governs only judicial notice of adju-
dicative facts. 
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PUBLIC LAW 93-595-J 
AN. 2, 1975 
1931 
(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 accu-
racy 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 jDarty 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 
Eule 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 respect-
ing 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. 
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[88 STAT. 
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, con-
fusion 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 his character is not admissible for the purpose of proving 
that he acted in conformity therewith on a particular occasion, except: 
(1) Character of accused.—Evidence of a pertinent trait of his 
character offered by an accused, or by the prosecution to rebut the 
same; 
(2) Character of victim.—Evidence of a pertinent trait of char-
acter of the 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 victim offered by the prosecution in a homicide 
case to rebut evidence that the 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 that he acted in conformitj^ therewith. It may, however, 
be admissible for other purposes, such as proof of motive, opportunity, 
intent, preparation, plan, knowledge, identity, or absence of inistake 
or accident. 
Rule 405. Methods of Proving Character 
*te 
(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 his 
conduct. 
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 event, measures are taken which, if taken previously, 
would have made the event less likely to occur, evidence of the sub-
sequent measures is not admissible to prove negligence or culpable 
conduct in connection with the event. This rule does not require the 
exclusion of evidence of subsequent measures when offered for another 
purpose, such as proving ownership, conti'ol, or feasibility of pre-
cautionary measures, if controverted, or impeachment. 
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1933 
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 considera-
tion 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 evi-
dence 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. Offer To Plead Gulity; Nolo Contendere; 
Withdrawn Plea of Guilty 
Except as otherwise provided by Act of Congress, evidence of a plea 
of guilty, later withdrawn, or a plea of nolo contendere, or of an offer 
to plead guilty or nolo contendere to the crime charged or any other 
crime, or of statements made in connection with any of the foregoing 
pleas or offers, is not admissible in an}' civil or criminal action, case, or 
proceeding against the person who made the plea or offer. This rule 
shall not apply to the introduction of voluntary and reliable state-
ments made in court on the record in connection with any of the 
foregoing pleas or offers where offered for impeachment purposes or 
in a subsequent prosecution of the declarant for perjury or false 
statement. 
This rule shall not take effect until August 1, 1975, and shall be 
Effective date. 
supei'seded bj^ any amendment to the Federal Rules of Criminal Pro-
cedure wliich is inconsistent with this rule, and which takes effect after 
^^ ^^^ ^^^' 
the date of the enactment of the Act establishing these Federal Rules 
of Evidence. 
Rule 411. Liability Insurance 
Evidence that a person was or was not insured against liability is 
not admissible upon the issue whether he acted negligently or other-
wise 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. 
ARTICLE V. PRIVILEGES 
Rule 501. General Rule 
Except as otherAvise required by the Constitution of the United 
States or provided by Act of Congress or in rules prescribed by the ."^^ P'"*''-
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 
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PUBLIC LAW 93-595-JAN. 2, 1975 
[88 STAT. 
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. 
ARTICLJ: V L 
WITNESSES 
Rule 601. General Rule of Competency 
Every person is competent to be a witness except as otherwise pro-
vided 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 he has personal knowledge of the 
matter. Evidence to prove personal knowledge may, but need not, 
consist of the testimony of the witness himself. This rule is subject to 
the provisions of rule 703, relating to opinion testimony by expert 
witnesses. 
Rule 603. Oath or Affirmation 
Before testifying, every witness shall be required to declare that he 
will testify truthfully, by oath or affirmation administered in a form 
calculated to awaken his conscience and impress his mind with his 
duty to do so. 
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 affirma-
tion that he will make a true translation. 
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 wit-
ness before that jury in the trial of the case in which he is sitting as 
a juror. If he 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 his or any 
other juror's mind or emotions as influencing him to assent to or 
dissent from the verdict or indictment or concerning his mental proc-
esses 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 his affidavit or 
evidence of any statement by him concerning a matter about what 
he would be precluded from testifying be received for these purposes. 
Rule 607. Who May Impeach 
The credibility of a witness may be attacked by any party, including 
the party calling him. 
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1935 
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 evi-
dence 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 his credibility, 
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 his 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 his privilege against self-
incrimination when examined with respect to matters which relate 
only to credibility. 
Rule 609. Impeachment by Evidence of Conviction of Crime 
(a) General rule.—For the purpose of attacking the credibility of a 
witness, evidence that he has been convicted of a crime shall be 
admitted if elicited from him or established by public record during 
cross-examination but only if the crime (1) was punishable by death 
or imprisonment in excess of one year under the law under which he 
was convicted, and the court determines that the probative value of 
admitting this evidence outweighs its prejudicial effect to the defend-
ant, or (2) 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 con-
finement 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 sub-
stantially outweighs its prejudicial effect. However, evidence of a con-
viction 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, how^ever, 
in a criminal case allow evidence of a juvenile adjudication of a wit-
ness other than the accused if conviction of the offense would be 
admissible to attack the credibility of an adult and the court is satis-
fied that admission in evidence is necessary for a fair determination of 
the issue of guilt or innocence. 
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[88 STAT. 
(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. 
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 his credibility is impaired or enhanced. 
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 embar-
rassment. 
(b) Scope of cross-examination.—Cross-examination should be lim-
ited to the subject matter of the direct examination and matters affect-
ing 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 his testimony. Ordinarily leading questions should be per-
mitted on cross-examination. When a party calls a hostile witness, an 
adverse party, or a witness identified with an adverse party, interro-
gation may be by leading questions. 
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 his 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 hear-
ing, to inspect it, to cross-examine the witness thereon, and to intro-
duce 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 deliv-
ery of the remainder to the party entitled thereto. Any portion with-
held 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. 
Rule 613. Prior Statements of Witnesses 
(a) Examining witness concerning prior statement.—In examining 
a witness concerning a prior statement made by him, whether written 
or not, the statement need not be shown nor its contents disclosed to 
him at that time, but on request the same shall be shown or disclosed 
to opposing counsel. 
88 STAT. ] 
PUBLIC LAW 93-595-JAN. 2, 1975 
1937 
(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 him 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). 
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 avail-
able 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 exclu-
sion of (1) a party who is a natural person, or (2) an officer or 
employee of a party w^hich 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 his cause. 
ARTICLE VII. 
OPINIONS AND EXPERT TESTIMONY 
Rule 701. Opinion Testimony by Lay Witnesses 
If the witness is not testifying as an expert, his 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 his testimony or the determina-
tion of a fact in issue. 
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 exj)ert by knowledge, skill, experience, train-
ing, or education, may testify thereto in the form of an opinion or 
otherwise. 
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 
him 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. 
Rule 704. Opinion on Ultimate Issue 
Testimony in the form of an opinion or inference otherwise admis-
sible is not objectionable because it embraces an ultimate issue to be 
decided by the trier of fact. 
1938 
PUBLIC LAW 93-595-JAN. 2, 1975 
[88 STAT. 
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion 
The expert may testify in terms of opinion or inference and give his 
reasons therefor without prior disclosure of 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. 
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 wit-
nesses 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 he con-
sents to act. A witness so appointed shall be informed of his 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 partici-
pate. A witness so appointed shall advise the parties of his findings, 
if any; his deposition may be taken by any party; and he may be 
called to testify by the court or any party. He shall be subject to cross-
examination by each party, including a party calling him as a 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 pro-
vided 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 there-
after 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. 
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 him 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 evi-
dence 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 his testi-
mony, 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 his testimony and is offered to rebut an express or 
implied charge against him of recent fabrication or improper 
influence or motive, or 
88 STAT. ] 
PUBLIC LAW 93-595-JAN. 2, 1975 
1939 
(2) Admission by party-opponent.—The statement is offered 
against a party and is (A) his own statement, in either his indi-
vidual or a representative capacity or (B) a statement of which he 
has manifested his adoption or belief in its truth, or (C) a state-
ment by a person authorized by him to make a statement concern-
ing the subject, or (D) a statement by his agent or servant 
concerning a matter within the scope of his 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. 
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, identifica-
tion, or terms of declarant's will. 
(4) Statements for purposes of medical diagnosis or treat-
ment.—Statements made for purposes of medical diagnosis or 
treatment and describing medical history, or past or present symp-
toms, 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 concern-
ing a matter about which a witness once had knowledge but now 
has insufficient 
recollection to enable him to testify 
fully 
and accurately, shown to have been made or adopted by the wit-
ness when the matter was fresh in his 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, repoit, record, or data compilation, all as shown 
by the testimony of the custodian or other qualified witness, unless 
the source of information or the method or circumstances of 
preparation indicate lack of trustworthiness. The term "business" 
1940 
PUBLIC LAW 93-595-JAN. 2, 1975 
[88 STAT. 
as used in this paragraph includes business, institution, associa-
tion, 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 require-
ments 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 testi-
mony, 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, ci'ypts, 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. 
88 STAT. ] 
PUBLIC LAW 93-595-JAN. 2, 1975 
1941 
(15) Statements in documents affecting an interest in prop-
erty.—^A statement contained in a document purporting to estab-
lish or aft'ect 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 docu-
ment in existence twenty years or more the authenticity of which 
is established. 
(17) Market reports, commercial publications.—Market quota-
tions, tabulations, lists, directories, or other published compila-
tions, 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 
him in direct examination, statements contained in published 
treatises, periodicals, or pamphlets on a subject of history, medi-
cine, 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 his family by blood, adoption, or 
marriage, or among his associates, or m the community, con-
cerning a person's birth, adoption, marriage*, divorce, death, legiti-
macy, relationship by blood, adoption, or marriage, ancestry, or 
other similar fact of his 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 com-
munity or State or nation in which located. 
(21) Reputation as to character.—Reputation of a person's 
character among his 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.—A statement not specifically covered 
by any of the foregoing exceptions but having equivalent cir-
cumstantial guarantees of trustworthiness, 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 
38-194 O - 76 - 40 Pt. 2 
1942 
PUBLIC LAW 93-595-JAN. 2, 1975 
[88 STAT. 
or hearing to provide the adverse party with a fair opportunity 
to prepare to meet it, his intention to offer the statement and 
the particulars of it, including the name and address of the 
declarant. 
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 his 
statement; or 
(2) persists in refusing to testify concerning the subject matter 
of his statement despite an order of the court to do so; or 
(3) testifies to a lack of memory of the subject matter of his 
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 his state-
ment has been unable to procure his attendance (or in the case of 
a hearsay exception under subdivision (b) (2), (3), or (4), his 
attendance or testimony) by process or other reasonable means. 
A declarant is not unavailable as a witness if his exemption, refusal, 
claim of lack of memory, inability, or absence is due to the procure-
ment or wrongdoing of the proponent of his 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 dep-
osition 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 prosecu-
tion for homicide or in a civil action or proceeding, a statement 
made by a declarant while believing that his death was imminent, 
concerning the cause or circumstances of what he believed to be 
his 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 him to civil or 
criminal liability, or to render invalid a claim by him against 
another, that a reasonable man in his position would not have 
made the statement unless he believed it to be true. A statement 
tending to expose the declarant to criminal liability and offered 
to exculpate the accused is not admissable unless corroborating 
circumstances 
clearly 
indicate 
the trustworthiness 
of 
the 
statement. 
(4) Statement of personal or family history.—(A) A state-
ment 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 fore-
going matters, and death also, of another person, if the declar-
ant was related to the other by blood, adoption, or marriage or 
88 STAT. ] 
PUBLIC LAW 93-595-JAN. 2, 1975 
1943 
was so intimately associated with the other's family as to be 
likely to have accurate information concerning the matter 
declared. 
(5) Other exceptions.—A statement not specifically covered by 
any of the foregoing exceptions but having equivalent circumstan-
tial guarantees of trustworthiness, 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 admit-
ted 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, his intention to offer the statement and the particulars 
of it, including the name and address of the declarant. 
Kule 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 excep-
tion 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 con-
duct by the declarant at any time, inconsistent with his hearsay 
statement, is not subject to any requirement that he 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 him on the statement as 
if under cross-examination. 
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 identifi-
cation 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. 
1944 
PUBLIC LAW 93-595-JAN. 2, 1975 
[88 STAT. 
(4) Distinctive characteristics and the like.—Appearance, 
contents, substance, internal patterns, or other distinctive char-
acteristics, 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 cojinecting 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-identi-
fication, 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 author-
ized 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 sys-
tem 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. 
Kule 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 bear-
ing 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 his 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 his official capacity by a person authorized 
by the laws of a foreign country to make the execution or attes-
tation, and accompanied by a final certification as to the genuine-
ness of the signature and official position (A) of the executing 
or attesting person, or (B) of any foreign official whose certif-
icate of genuineness of signature and official position relates to 
88 STAT. ] 
PUBLIC LAW 93-595-JAN. 2, 1975 
1945 
the execution or attestation or is in a chain of certificates of 
genuineness of signature and official position relating to the exe-
cution or attestation. A final certification may be made by a sec-
retary of embassy or legation, consul general, consul, vice consul, 
or consular agent of the United States, or a diplomatic or con-
sular 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 publica-
tions purporting to be issued bj^ public authority. 
(6) Newspapers and periodicals.—Printed materials purport-
ing 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. 
Kule 903. Subscribing Witness' Testimony Unnecessary 
The testimony of a subscribing witness is not necessary to authenti-
cate 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, photograph-
ing, 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 Avriting or recording is the 
writing or recording itself or any counterpart intended to have 
1946 
PUBLIC LAW 93-595-JAN. 2, 1975 
[88 STAT. 
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 accu-
rately, 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 minia-
tures, 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 other-
wise 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, 
he was put on notice, by the pleadings or otherwise, that the con-
tents would be a subject of proof at the hearing, and he 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. 
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 com-
pilations 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 dupli-
cates, 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. 
88 STAT. ] 
PUBLIC LAW 93-595-JAN. 2, 1975 
1947 
Kule 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 
his written admission, without accounting for the nonproduction of 
the original. 
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 ful-
fillment 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 writ-
ing, 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 magistrates.—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 District of the Canal Zone, 
the United States courts of appeals, the Court of Claims, and to United 
States magistrates, in the actions, cases, and proceedings and to the 
extent hereinafter set forth. The terms "judge" and "court" in these 
rules include United States magistrates, referees in bankruptcy, and 
commissioners of the Court of Claims. 
(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 the Banki'uptcy Act. 
(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 ques-
tions 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 minor and petty offenses by United States magistrates; 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. 
11 u s e 1 note. 
1948 
PUBLIC LAW 93-595-JAN. 2, 1975 
[88 STAT. 
-l:99f, 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 inter-
state and foreign connnerce 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) ; actions against the United States under the 
Act entitled "An Act authorizing suits against the United States in 
admii'ality for damage caused by and salvage service rendered to 
public vessels belonging to the LTnited States, and for other purposes", 
approved March 3, 1925 (46 U.S.C. 781-790), as implemented by 
section 7730 ol* title 10, United States Code. 
Rule 1102. Amendments 
Infra. 
28 u s e 2076. 
Amendments to the Federal Rules of Evidence may be made as 
})rovided in section 2076 of title 28 of the United States Code. 
Rule 1103. Title 
These rules may be known and cited as the Federal Rules of 
Evidence. 
SEC. 2. (a) Title 28 of the United States Code is amended— 
(1) by inserting immediately after section 2075 the following 
new section: 
"§ 2076. Rules of evidence 
"The Supreme (^ourt of the United States shall have the power to 
C(fn^^esV° 
prescribe amendments to the Federal Rules of Evidence. Such amend-
ments shall not take effect until they have been reported to Congress 
by the Chief Justice at or after the beginning of a regular session of 
Congress but not later than the first day of May, and until the expira-
tion of one hundred and eighty days after they have been so reported; 
but if either House of Congress within that time shall by resolution 
disapprove any amendment so reported it shall not take effect. The 
effective date of any amendment so reported may be deferred by either 
House of Congi'css to a later date or until approved by Act of Con-
gress. Any rule whether proposed or in force may be amended by Act 
of Congress. Any provision of law in force at the expiration of such 
time and in conflict with any such amendment not disapproved shall 
be of no further force or effect after such amendment has taken effect. 
Any such amendment creating, abolishing, or modifying a privilege 
shall have no force or effect unless it shall be approved by act of 
Congress"; and 
88 STAT. ] 
PUBLIC LAW 93-596-JAN. 2, 1975 
1949 
(2) by adding at the end of the table of sections of chapter 
131 the following new item: 
"2076. Rules of evidence." 
(b) Section 1Y32 of title 28 of the United States Code is amended 
by striking out subsection (a), and by striking out "(b)". 
(c) Section 1733 of title 28 of the United States Code is amended 
by adding at the end thereof the following new subsection: 
"(c) This section does not apply to cases, actions, and proceedings 
to which the Federal Kules of Evidence apply." 
SEC. 3. The Congress expressly approves the amendments to the „„J^ "^*^ ^^^^ 
Federal Rules of Civil Procedure, and the amendments to the Federal 
Rules of Criminal Procedure, which are embraced by the orders entered 
28 use 2071 
by the Supreme Court of the United States on November 20, 1972, "°'^' 
and December 18, 1972, and such amendments shall take effect on Effective date. 
the one hundred and eightieth day beginning after the date of the 
enactment of this Act. 
Approved January 2, 1975. 
Public Law 93-596 
AN A C T 
, 
9 ,Q,^ 
January 2, 19/5 
To amend the Trademark Act of 1946 and title 35 of the United States Code to 
[H. R. 7599] 
change the name of the Patent Office to the "Patent and Trademark Oflice". 
Patent Office. 
Be it enacted hy the Seriate arul House of Rejn-esentatives of the 
United States of America in Congress asseinbled^ 
SECTION 1. The Trademark Act of 1946, 60 Stat. 127, as amended 
^^'"^ '^''^"^^• 
(15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States 
Code, entitled "Patents", are amended by striking out each time they 
^s use i et 
appear "Patent Office" and "Commissioner of Patents" and inserting ^^^* 
in lieu thereof "Patent and Trademark Office" and "Commissioner of 
Patents and Trademarks", respectively. 
SEC. 2. Section 29 of the Trademark Act of 1946 is further amended 
i s use 1111. 
by striking out "Reg. U.S. Pat. Off." and inserting in lieu thereof 
"Reg. U.S. Pat. «
& Tm. Off." 
SEC. 3. The terms "Patent Office" and "Commissioner of Patents" 
3 5 use i note. 
in all laws of the United States shall mean "Patent and Trademark 
Office" and "Commissioner of Patents and Trademarks", respectively. 
SEC. 4. This Act shall become effective upon enactment. However, f^f,';';!,^^,'^,^/'' 
any registrant may continue to give notice of his registration in accord-
ance with section 29 of the Trademark Act of 1946 (60 Stat. 427), 
as amended Oct. 9, 1962 (76 Stat. 769), as an alternative to notice in 
accordance with section 29 of the Trademark Act as amended by sec-
tion 2 of this Act, regardless of whether his mark was registered before 
or after the effective date of this Act. 
Approved January 2, 1975. 
15 use nil 
note.