2.09 EXPLANATORY: EVIDENCE ADMITTED FOR LIMITED PURPOSE

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US-8THCIR-JURY-2-09
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf

2.09 EXPLANATORY: EVIDENCE ADMITTED FOR LIMITED PURPOSE is a rule of evidence that allows a court to admit certain evidence for a specific purpose or purposes, while excluding it from being used for other purposes. This rule is based on the idea that the probative value of certain evidence may be outweighed by its prejudicial effect. Types of evidence that can be admitted for limited purposes include: expert opinion evidence, photographs, hearsay evidence, evidence of character, and scientific evidence.

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FAQ

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 ingly.

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 ingly.

The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.

During trial, the court may need to give the jury limiting instructions, advising the jury that evidence is being admitted only for a limited purpose. Or the court may give the jury a curative instruction to correct some error during trial.

Another example of a curative instruction is when the judge tells the jury to disregard certain evidence or consider it for specific purposes only. This is called a cautionary instruction and is meant to prevent the evidence from unfairly influencing the jury's decision.

There are thirteen courts of appeals: eleven numbered circuits (First through Eleventh), the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Federal Circuit. Not all circuits have published jury instructions: the Second and Fourth Circuits do not.

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2.09 EXPLANATORY: EVIDENCE ADMITTED FOR LIMITED PURPOSE