Rule 105

Limited Admissibility

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

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Note (Federal Judicial Center)

The rule enacted by the Congress is the rule prescribed by the Supreme Court as Rule 106, amended by substituting "court" in place of "judge." Rule 105 as prescribed by the Court, which was deleted from the rules enacted by the Congress, is set forth in the Appendix hereto, together with a statement of the reasons for the deletion.

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Advisory Committee’s Note

A close relationship exists between this rule and Rule 403 which . . . [provides for] exclusion when "probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury." The present rule recognizes the practice of admitting evidence for a limited purpose and instructing the jury accordingly. The availability and effectiveness of this practice must be taken into consideration in reaching a decision whether to exclude for unfair prejudice under Rule 403. In Bruton v. United States, 389 U.S. 818, 88 S. Ct. 126, 19 L. Ed. 2d 70 (1968), the Court ruled that a limiting instruction did not effectively protect the accused against the prejudicial effect of admitting in evidence the confession of a codefendant which implicated him. The decision does not, however, bar the use of limited admissibility with an instruction where the risk of prejudice is less serious.

Similar provisions are found in Uniform Rule 6; California Evidence Code 355; Kansas Code of Civil Procedure 60-406; New Jersey Evidence Rule 6. The wording of the present rule differs, however, in repelling any implication that limiting or curative instructions are sufficient in all situations.

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Report of House Committee on the Judiciary

. . . The committee adopted this rule without change on the understanding that it does not affect the authority of a court to order a severance in a multi-defendant case.


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