Section 1.12 Limited Admissibility

• Library: Sources of Proof (2014 Ed.)

C. (§1.12) Limited Admissibility

Federal Rule of Evidence 105 states the applicable Missouri law: “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.”

But if counsel does not request a limiting instruction, the evidence is “in the case generally” and probative of all issues and all defendants. See:

· Local Acceptance Co. v. Kinkade, 361 S.W.2d 830 (Mo. banc 1962)

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

· Fisher v. Williams, 327 S.W.2d 256 (Mo.

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