§ 1.08 CRIMINAL AND CIVIL TRIALS

• Jurisdiction: North Carolina

§ 1.08. CRIMINAL AND CIVIL TRIALS

Although the Rules of Evidence apply to both criminal and civil cases, a number of rules recognize a distinction between civil and criminal trials — explicitly or by implication. Several rules apply only to criminal proceedings. For example, Rule 104(c) requires an out-of-court hearing to determine the admissibility of a confession. Rule 404(a) recognizes three exceptions to the rule prohibiting the use of character evidence; two of the three exceptions apply only in criminal cases.⁹⁴ Similarly, Rule 609(a) requires a special balancing test when a prior felony conviction is offered to impeach a criminal defendant; in all civil cases and for witnesses other than an accused in criminal cases, a prior felony conviction is admissible subject to a different balancing analysis (Rule 403). In effect, there is a higher threshold requirement when evidence of prior convictions is offered to impeach the accused. Another distinction is found in Rule 803(8), which contains a special limitation on the use of public records in criminal prosecutions.

On the other hand, a number of rules, due to their subject matter, apply only in civil cases — for example, Rule 407 (subsequent remedial measures) and Rule 411 (liability insurance).

Constitutional issues. In criminal prosecutions, application of the Rules must be consistent with constitutional provisions that bear on evidentiary matters. For example, the Confrontation Clause may require the exclusion of a hearsay statement even if that statement falls within a recognized hearsay exception.⁹⁵ The Supreme Court has also recognized a constitutional right to present a defense.⁹⁶

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Notes:

^[94] Fed. R. Evid. 404(a)(1) (an accused may offer evidence of...