§ 8.07 Relationship with Rule 403 and the Hearsay Rule

• Jurisdiction: United States

§ 8.07 Relationship with Rule 403 and the Hearsay Rule

If the trial judge believes that a limiting instruction will be ineffective, the judge may exclude the evidence under Rule 403 due to unfair prejudice.⁵² Similarly, if the court thinks that an instruction limiting evidence to a nonhearsay purpose will not be followed by the jury, the evidence may be excluded under Rule 403.⁵³

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Notes:

^[52] See infra § 9.05[D][1] (discussing jury instructions).

^[53] See infra § 31.06 (discussing statements not offered for truth).