Rule 103 — Rulings on Evidence

Fed. R. Evid. 103

• Source: Federal Rules of Evidence
• Rule: 103
• ARTICLE I: GENERAL PROVISIONS
• Citation: Fed. R. Evid. 103

Text

(a) PRESERVING A CLAIM OF ERROR. A party may claim error in
a ruling to admit or exclude evidence only if the error affects a
substantial right of the party and:
(1) if the ruling admits evidence, a party, on the record:
(A) timely objects or moves to strike; and
(B) states the specific ground, unless it was apparent
from the context; or
(2) if the ruling excludes evidence, a party informs the court
of its substance by an offer of proof, unless the substance was
apparent from the context.
(b) NOT NEEDING TO RENEW AN OBJECTION OR OFFER OF PROOF.
Once the court rules definitively on the record—either before or at
trial—a party need not renew an objection or offer of proof to pre-
serve a claim of error for appeal.
(c) COURT’S STATEMENT ABOUT THE RULING; DIRECTING AN OFFER
OF PROOF. The court may make any statement about the char-
acter or form of the evidence, the objection made, and the ruling.

The court may direct that an offer of proof be made in question-
and-answer form.
(d) PREVENTING THE JURY FROM HEARING INADMISSIBLE EVIDENCE.
To the extent practicable, the court must conduct a jury trial so
that inadmissible evidence is not suggested to the jury by any
means.
(e) TAKING NOTICE OF PLAIN ERROR. A court may take notice of
a plain error affecting a substantial right, even if the claim of
error was not properly preserved.

Advisory Committee Notes

(As amended Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 1, 2011.)