Legal Definitions - FRE

FRE stands for the Federal Rules of Evidence.

The Federal Rules of Evidence are a comprehensive set of legal rules that dictate what evidence can be presented, and how it must be presented, in trials and other proceedings within the United States federal court system. These rules are designed to ensure that trials are fair, efficient, and based on reliable information. They cover various aspects of evidence, including its relevance, whether it is hearsay, how witnesses can testify, and the admissibility of expert opinions.

• Example 1: Admissibility of Character Evidence

  Imagine a federal criminal trial where a defendant is accused of fraud. The prosecution attempts to introduce evidence that the defendant had previously been fired from a job for being habitually late. The defense attorney would likely object, citing the FRE, specifically Rule 404(a), which generally prohibits using evidence of a person's character or character trait to prove that on a particular occasion the person acted in accordance with the character or trait. The judge would then apply the FRE to determine if this past behavior is admissible, typically finding it inadmissible unless it falls under a specific exception.

• Example 2: Hearsay Rule in a Civil Case

  Consider a federal civil lawsuit concerning a car accident. A witness tries to testify that their neighbor told them they saw the defendant run a red light. The opposing counsel would immediately object, invoking FRE Rule 802, which prohibits hearsay. Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. The judge would then decide if the statement falls under one of the many exceptions to the hearsay rule (e.g., an excited utterance or a present sense impression under FRE Rule 803) or if it must be excluded because it is unreliable secondhand information.

• Example 3: Expert Witness Testimony

  In a federal product liability case, the plaintiff wants to bring in a medical doctor to testify about the specific physiological effects of a defective medical device. The defense might challenge the doctor's qualifications or the scientific basis of their opinions. The court would refer to FRE Rule 702, which governs expert testimony. This rule requires that the expert be qualified by knowledge, skill, experience, training, or education, and that their testimony be based on sufficient facts or data, be the product of reliable principles and methods, and that the expert has reliably applied those principles and methods to the facts of the case. The judge would use the FRE to ensure the expert's testimony is both relevant and scientifically sound before allowing it to be presented to the jury.