§ 8.04 Restricting Evidence to Its "Proper Scope"

• Jurisdiction: United States

§ 8.04 Restricting Evidence to Its "Proper Scope"

Rule 105 not only directs the court to give a limiting instruction upon request, it also requires the court to "restrict the evidence to its proper scope." One purpose of this phrase is to limit counsel's use of evidence to its proper purpose during closing argument.³⁴ Closing argument must be based on evidence admitted at trial and only for the purpose for which it was admitted.³⁵

This provision would also apply to a bench trial, where the court is required to limit its use of the evidence to its proper purposes but where no instruction is given.³⁶

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Notes:

^[34] See United States v. Gross, 511 F.2d 910, 919 (3d Cir. 1975).

^[35] See supra § 3.05[D].

^[36] See 21 Wright & Graham, Federal Practice and Procedure § 5067 (1977).