Also known as: FRE 403 · 403 · Federal Rule of Evidence 403
Written by attorneys · grounded in primary & secondary sources — see below
A rule authorizing a court to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, wasting time, or needless presentation of cumulative evidence.
Ruby Rivera, a neighboring farmer, testified for the plaintiff that wheat met moisture standards. The defendant offered her twelve-year-old arson conviction from a farm-equipment dispute to attack credibility. The court weighed the conviction's industry-specific probative force against the risk that jurors would view Rivera as dangerous and excluded the evidence.
Rowan Russell, surviving spouse, sought household furnishings and an automobile under the exempt-property statute. The estate offered photographs of luxury items to show the claimed value exceeded the cap. The court excluded several photographs whose emotional impact on the jury substantially outweighed their limited help in valuing the items.
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Ryan Roberts served pretrial disclosures listing deposition excerpts and documents thirty-five days before trial. Rhea Reynolds filed written objections to foundation and hearsay a month later. The court held the objections waived but still considered a Rule 403 prejudice objection to one graphic exhibit that could be raised at trial.
Renata Russo faced charges of possessing cocaine. The government offered a prior heroin-distribution conviction to show knowledge. The court admitted the evidence after finding sufficient proof the prior act occurred and that its probative value on knowledge was not substantially outweighed by unfair prejudice.
Riverfront Developments sought to foreclose on a lost negotiable note. Raphael Rivera, the borrower, challenged the plaintiff's right to enforce. The court admitted an affidavit detailing the loss after determining its probative value on standing was not substantially outweighed by any risk of confusion.
Radiance Media sued a former employee for breach. The employee offered to stipulate he was a felon on a felon-in-possession count. The court excluded the full judgment record because the name and nature of the prior offense carried a risk of unfair prejudice that substantially outweighed its minimal additional probative value.
In civil cases or when the witness is not the accused, a felony conviction is admissible to attack truthfulness unless its probative value is substantially outweighed by unfair prejudice under Rule 403. When the witness is the criminal defendant, a stricter balancing applies that excludes the conviction if prejudicial effect merely outweighs probative value.
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The rule also permits exclusion when probative value is substantially outweighed by dangers of confusing the issues, misleading the jury, undue delay, wasting time, or needless presentation of cumulative evidence.
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No. Rule 403 serves as a general safety valve for situations not covered by specific rules. It does not override categorical rules such as the automatic admission of crimen falsi convictions under Rule 609(a)(2).
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Objections under Rules 402 and 403 to the admissibility of materials identified in pretrial disclosures are preserved and may be raised at trial even if not listed in the fourteen-day written objection window.
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…Inc. , 340 U. S. 36 (1950); Golden v. Zwickler, supra ; SEC v. Medical Committee for Human Rights , 404 U. S. 403 (1972). But when, as here, pregnancy is a significant fact in the litigation, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual…