Evidence in Federal Court: Overview

by Practical Law Litigation

A Practice Note discussing the rules on the admissibility and exclusion of evidence in a federal civil case. This Note provides an overview of the general requirements for admitting evidence under the Federal Rules of Evidence (FRE), including the foundational principles of relevance and proper authentication for documents, tangible items, and electronically stored information (ESI). It explores the requirements for both lay and expert witness testimony and the application of the best evidence rule. This Note details the circumstances under which a court may exclude otherwise relevant evidence, such as for unfair prejudice, and explains the specific prohibitions on evidence of subsequent remedial measures, settlement negotiations, and liability insurance. It also examines the complex rule against hearsay, including crucial hearsay exceptions and hearsay exclusions that can determine whether an out-of-court statement is admissible.