§105 Limited Admissibility

• Library: Evidence Restated Deskbook (2021 Ed.)

§105 Limited Admissibility

If the court admits evidence that is admissible against a party or for a purpose—but not against another party or for another purpose—the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.

Notes

Situations commonly arise in which evidence is admissible as to one party or for one purpose but not admissible as to another party or for another purpose. In these situations, the general rule is that the evidence may be admitted, even though it may be improper against other parties or for the other purposes, Benedict v. N. Pipeline Constr., 44 S.W.3d 410, 422 (Mo. App. W.D. 2001), and in a jury case, subject to a jury instruction limiting the extent and purpose for which the jury may consider the evidence. See:

· Sapp v. Morrison Bros. Co., 295 S.W.3d 470, 483–84 (Mo. App. W.D. 2009)

· Eltiste v. Ford Motor Co., 167 S.W.3d 742, 755 (Mo. App. E.D. 2005)

· Benoit v. Mo. Highway & Transp. Comm'n, 33 S.W.3d 663, 671 (Mo. App. S.D. 2000)

See also:

· McLaughlin v. State, 378 S.W.3d 328, 354 (Mo. banc 2012) (the trial court did not err in allowing an expert to testify to the contents of school, hospital, and jail records to support the expert witness's conclusions, even though no foundation was laid to admit them for the truth of what they contained, because the trial court instructed the jury that the records could not be considered for the truth of the matter asserted but only as support for the conclusions)

· Maxwell v. City of Springfield, 705 S.W.2d 90, 92 (Mo. App. S.D. 1986) (deposition testimony and answers to interrogatories that are admissible against one...