§ 8.08 Key Points

• Jurisdiction: United States

§ 8.08 Key Points

Multiple admissibility. Sometimes an item of evidence may properly be used for multiple purposes. For example, a party's inconsistent statement may be admitted (1) for impeachment as a prior inconsistent statement if the party testifies⁵⁴ and (2) as substantive evidence as a party admission.⁵⁵

Limited admissibility. Frequently, however, evidence may be admissible for one purpose but inadmissible for another purpose. Evidence also may be admissible against one party but not against another party. In other words, the evidence is admissible for a limited purpose. In such cases, Rule 105 applies, and the court must, upon request, instruct the jury as to the limited purpose of the evidence. Numerous examples of limited admissibility occur throughout the law of evidence. Sometimes a rule explicitly recognizes this principle⁵⁶ and sometimes not (e.g., hearsay context).⁵⁷

Different parties. When evidence is admissible against one party, but not another party, a limiting instruction must be given upon request—directing the jury to use the evidence against the proper party. This issue often arises in joint trials in criminal cases and may raise confrontation issues under Bruton v. United States.⁵⁸ The Bruton issue can be avoided if (1) separate trials are ordered, (2) the defendant's name is effectively redacted, or (3) the codefendant testifies. There is no Bruton issue if the statement falls within a recognized hearsay exception, is offered for a nonhearsay purpose, or is admitted in a bench trial.

Procedural issues. A limiting instruction may be given either at the time the evidence is admitted or at the close of the case. A limiting instruction is mandatory upon request; the trial court may also give a limiting instruction sua sponte. Failure to request an instruction constitutes a waiver of the issue on appeal unless the plain-error rule applies.

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Notes:

^[54] Fed. R. Evid. 613.

^[55] Fed. R. Evid. 801(d)(2)(A).

^[56] See Fed. R. Evid. 404(b) (other-acts evidence); Fed. R. Evid. 407 (subsequent remedial measures); Fed. R. Evid. 408 (compromises and offers to compromise)...