Presentation of evidence - Limited admissibility

Learning Outcomes

After reading this article, you will be able to identify when evidence is admissible for a limited purpose or against a limited party, explain the requirements for limiting instructions under Rule 105, and apply these principles to MBE-style questions involving evidence that is relevant only for certain issues, parties, or purposes.

MBE Syllabus

For the MBE, you are required to understand how courts handle evidence that is admissible for one purpose or against one party, but not for another. This article covers:

  • The concept of limited admissibility under the Federal Rules of Evidence.
  • The requirement and effect of limiting instructions (Rule 105).
  • Admissibility of evidence for one purpose but not another.
  • Admissibility of evidence against one party but not another.
  • The role of the judge and jury in applying limited admissibility.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. If evidence is admissible against one defendant but not another, what must the court do upon request?
    1. Exclude the evidence entirely.
    2. Admit the evidence without limitation.
    3. Give a limiting instruction to the jury.
    4. Allow the jury to decide how to use the evidence.
  2. When is a limiting instruction under Rule 105 required?
    1. Only if the judge believes the jury will misuse the evidence.
    2. Whenever a party requests it and evidence is admissible for a limited purpose.
    3. Only in criminal cases.
    4. Only if the evidence is prejudicial.
  3. Evidence of a prior conviction is admissible to impeach a witness, but not as substantive proof of guilt. What must the court do if the defendant requests?
    1. Exclude the conviction.
    2. Admit the conviction for all purposes.
    3. Instruct the jury to consider it only for impeachment.
    4. Allow the jury to decide the purpose.

Introduction

Evidence may sometimes be relevant and admissible for one purpose, but not for another, or may be admissible against one party but not another. The Federal Rules of Evidence address this situation through the doctrine of limited admissibility. Rule 105 requires the court to give a limiting instruction to the jury, upon request, when evidence is admitted for a limited purpose or against a limited party. Understanding how and when to apply these principles is essential for MBE success.

Key Term: Limited Admissibility The principle that evidence may be admitted for one purpose or against one party, but not for another purpose or party, subject to a limiting instruction.

Limited Admissibility: Rule 105

Rule 105 of the Federal Rules of Evidence governs situations where evidence is admissible for a specific purpose or against a specific party, but not for all purposes or against all parties. The rule ensures that the jury considers the evidence only for its proper use.

Key Term: Limiting Instruction A direction from the judge to the jury specifying the limited purpose or party for which certain evidence may be considered.

When Is Limited Admissibility Required?

Limited admissibility arises most often when:

  • Evidence is relevant to one issue but not another.
  • Evidence is admissible against one party but not another (e.g., in multi-defendant trials).
  • Evidence is admissible for impeachment but not as substantive proof.

If a party requests, the court must instruct the jury to consider the evidence only for the permitted purpose or party.

How Does the Court Apply Rule 105?

If evidence is admitted for a limited purpose or against a limited party, and a party requests a limiting instruction, the judge must:

  • Clearly inform the jury of the specific purpose or party for which the evidence may be considered.
  • Direct the jury not to use the evidence for any other purpose or against any other party.

If no request is made, the court is not required to give a limiting instruction, but may do so at its discretion.

Examples of Limited Admissibility

  • Evidence of insurance may be admitted to show ownership or control, but not to prove negligence.
  • A co-defendant’s confession may be admissible against the confessor but not against other defendants.
  • A prior conviction may be admitted to impeach a witness, but not as substantive evidence of guilt.

Worked Example 1.1

In a joint criminal trial, Defendant A’s confession is admitted. The confession directly implicates Defendant A but also mentions Defendant B. The court admits the confession only against Defendant A. What must the court do if Defendant B requests?

Answer: The court must give a limiting instruction to the jury, directing them to consider the confession only as evidence against Defendant A and not against Defendant B.

Worked Example 1.2

A plaintiff sues two defendants. Evidence of a prior settlement is admissible to show bias of one defendant, but not to prove liability. The other defendant objects. What should the court do?

Answer: The court must instruct the jury to consider the settlement evidence only for the purpose of showing bias, and not as proof of liability.

Exam Warning

Evidence admitted for a limited purpose can be highly prejudicial if the jury misuses it. Always consider whether a limiting instruction is required and whether the evidence is likely to be misapplied.

Revision Tip

On the MBE, if you see evidence that is admissible for one purpose but not another, or against one party but not another, look for an answer involving a limiting instruction.

Key Point Checklist

This article has covered the following key knowledge points:

  • Rule 105 governs limited admissibility of evidence.
  • Evidence may be admitted for a specific purpose or against a specific party only.
  • Upon request, the judge must give a limiting instruction to the jury.
  • The jury must be instructed to consider the evidence only for its proper purpose or party.
  • No limiting instruction is required unless a party requests it.
  • Limited admissibility is common with impeachment, prior convictions, and multi-party cases.

Key Terms and Concepts

  • Limited Admissibility
  • Limiting Instruction
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
AdaptiBar
One-time Fee
$395
Assessment Day
One-time Fee
$20-39
BarPrepHero
One-time Fee
$299
Job Test Prep
One-time Fee
$90-350
Quimbee
One-time Fee
$1,199

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal