Also known as: evidence rule · rules of evidence · FRE
Written by attorneys · grounded in primary & secondary sources — see below
A body of procedural standards that govern whether particular items of proof may be presented to the factfinder in a judicial proceeding. Courts apply these standards to decide preliminary questions of admissibility without being bound by the rules themselves except on privilege.
Eva Espinosa purchased commercial property from Elemental Pharmaceuticals under a contract containing a merger clause. After closing she discovered an oral promise about environmental remediation that was never placed in the deed. The court refused to enforce the promise because the merger and parol evidence rules limited her to the deed's terms.
Edith Eberhardt testified at trial that she had never discussed the disputed contract terms. Empire Logistics introduced her earlier deposition in which she admitted having those discussions. The court permitted the deposition excerpt to contradict her testimony.
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Esme Ellington sued Echo Systems for breach of an alleged oral side agreement. The written contract contained an integration clause. The judge first determined as a preliminary matter that the writing was completely integrated before excluding the oral term.
Elliot Edmonds testified for the defense. On cross-examination the prosecutor asked about his membership in an organization whose tenets encouraged members to protect one another in legal proceedings. The court allowed the questions because evidence of bias is always relevant to impeach.
Enzo Eastwood offered expert testimony on product defects. Elemental Pharmaceuticals challenged his qualifications. The court conducted a hearing and decided the expert was qualified without applying the usual evidence rules to the preliminary determination.
Eva Espinosa was unavailable at trial. Empire Logistics offered her deposition against Elemental Pharmaceuticals. The court admitted the deposition because it would have been admissible under the evidence rules if she had testified in person.
The court decides as a preliminary question whether an agreement is completely or partially integrated before applying the parol evidence rule or interpreting the writing.
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Any party may use a deposition to contradict or impeach the testimony of the deponent as a witness or for any other purpose permitted by the Federal Rules of Evidence.
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A merger clause combined with the doctrine of merger into the deed generally bars enforcement of prior oral or written promises not reflected in the deed, subject to exceptions for fraud, mistake, or collateral agreements.
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Evidence of bias is always relevant and admissible to impeach a witness, including proof of membership in an organization whose tenets encourage false testimony on behalf of fellow members.
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…duties as every other ministerial officer of the United States and equally liable to be compelled, is also bound by the same rules of evidence. These duties are not confidential but public and his clerks have no exclusive privileges except as to facts concerning foreign correspondencies and confidential communications between the…