Rule 102 Purpose and Construction

• Jurisdiction: Arizona

These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and the promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

Comment

This rule identifies the three-fold goal of the Rules of Evidence:

1. Fairness in administration;

2. Elimination of unjustifiable expense and delay;

3. Ascertainment of the truth.

It allows the trial court to exclude otherwise admissible evidence when it would be unfair to admit such evidence. In non-jury trials, it allows the trial court to be more liberal in the admission of evidence under the assumption the trial court will decide the matter based only on admissible evidence.[1]

Cases

102.010 Procedural rules govern procedural matters and do not create substantive rights.

State v. Buonafede, 168 Ariz. 444, 814 P.2d 1381 (1991) (court held that Rule 609(c) governs procedure if some other jurisdiction has issued certificate of rehabilitation, but it does not give Arizona courts power to grant certificate of rehabilitation).

102.020 Because the Arizona Rules of...