§ 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.⁵⁰ 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 403.⁵¹

--------

Notes:

^[50] See infra § 9.05[D][1] (discussing jury instructions).

^[51] See infra § 31.06 (discussing statements not offered for truth).