Presentation of evidence - Proceedings to which evidence rules apply

Learning Outcomes

After reading this article, you will be able to identify which proceedings are governed by the rules of evidence, distinguish between covered and excluded proceedings, and apply the correct evidentiary framework to MBE-style questions. You will also understand the scope of the Federal Rules of Evidence and recognize common exceptions and exam pitfalls.

MBE Syllabus

For MBE, you are required to understand the scope of the Federal Rules of Evidence and the types of proceedings to which they apply. This includes:

• Recognizing which proceedings are governed by the Federal Rules of Evidence.
• Identifying proceedings excluded from evidence rules (e.g., preliminary hearings, sentencing, grand jury).
• Applying the correct evidentiary framework in civil and criminal trials.
• Understanding the distinction between federal and state proceedings for evidence rule application.

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. In which of the following proceedings do the Federal Rules of Evidence apply?
   1. Grand jury proceedings
   2. Criminal jury trials
   3. Sentencing hearings
   4. Bail hearings
2. Which is NOT an exception to the application of the Federal Rules of Evidence?
   1. Preliminary determination of admissibility by the judge
   2. Civil jury trial
   3. Sentencing in a criminal case
   4. Extradition hearing
3. If a party seeks to exclude evidence in a federal civil trial, which rules govern admissibility?
   1. State evidence rules
   2. Federal Rules of Evidence
   3. Local court custom
   4. Federal Rules of Civil Procedure

Introduction

The Federal Rules of Evidence (FRE) do not apply to all legal proceedings. For MBE purposes, you must know exactly which proceedings are covered and which are not. This article explains the scope of the FRE, highlights the main exceptions, and clarifies how these rules are applied in federal courts.

Scope of the Federal Rules of Evidence

The FRE govern the admissibility of evidence in most federal civil and criminal trials. However, there are important exceptions. Understanding these boundaries is critical for MBE success.

Key Term: Federal Rules of Evidence A set of rules governing the introduction and use of evidence in most federal civil and criminal trials.

Proceedings Covered by the Evidence Rules

The FRE apply to:

• Civil trials in federal district courts.
• Criminal trials in federal district courts.
• Contempt proceedings, except those where the court may act summarily.

Key Term: Covered Proceedings Proceedings in which the Federal Rules of Evidence apply, including most federal civil and criminal trials and non-summary contempt hearings.

Proceedings Excluded from the Evidence Rules

The FRE do not apply to:

• Preliminary questions of fact decided by the judge under Rule 104(a).
• Grand jury proceedings.
• Sentencing hearings.
• Extradition or rendition proceedings.
• Bail hearings.
• Preliminary hearings in criminal cases.
• Probation or parole revocation hearings.
• Miscellaneous proceedings such as issuing search warrants.

Key Term: Excluded Proceedings Proceedings where the Federal Rules of Evidence do not apply, such as grand jury, sentencing, bail, and certain preliminary hearings.

Application in State Courts

The FRE do not govern state court proceedings. Each state has its own evidence rules, which may differ from the federal rules. For the MBE, focus on the federal rules unless the question specifies otherwise.

Special Rules for Privileges

Even in proceedings where the FRE do not apply, rules regarding privileges (e.g., attorney-client privilege) may still be enforced.

Key Term: Privilege A legal rule that protects certain communications from being disclosed as evidence, such as attorney-client or doctor-patient communications.

Worked Example 1.1

A defendant is on trial in federal court for fraud. During the trial, the prosecution seeks to introduce a letter as evidence. The defense objects, arguing the letter is hearsay. Does the Federal Rules of Evidence apply to determine admissibility?

Answer: Yes. The FRE apply to federal criminal jury trials, so the judge will use the FRE to decide if the letter is admissible or excluded as hearsay.

Worked Example 1.2

During a federal sentencing hearing, the prosecution offers a police report as evidence of uncharged conduct. The defense objects under the FRE. Should the judge apply the FRE?

Answer: No. The FRE do not apply to sentencing hearings. The judge may consider evidence that would be inadmissible at trial, subject to due process limits.

Exam Warning

In MBE questions, do not assume the FRE apply to grand jury, sentencing, or bail hearings. Always check the type of proceeding before applying evidence rules.

Revision Tip

For MBE questions, if the proceeding is a federal civil or criminal trial (not a preliminary or post-trial hearing), the FRE almost always apply.

Summary

The Federal Rules of Evidence apply to most federal civil and criminal trials, but not to grand jury, sentencing, bail, or certain preliminary hearings. Always identify the type of proceeding before applying evidence rules.

Key Point Checklist

This article has covered the following key knowledge points:

• The Federal Rules of Evidence apply to most federal civil and criminal trials.
• The FRE do not apply to grand jury, sentencing, bail, or certain preliminary hearings.
• Privilege rules may apply even when other evidence rules do not.
• State courts use their own evidence rules, not the FRE.
• Always check the type of proceeding before applying evidence rules in MBE questions.

Key Terms and Concepts

• Federal Rules of Evidence
• Covered Proceedings
• Excluded Proceedings
• Privilege