Page:United States Statutes at Large Volume 88 Part 2.djvu/614

 1930

PUBLIC LAW 93-595-JAN. 2, 1975

[88 STAT.

the specific ground of objection, if the specific ground was not apparent from the context; or (2) Offer of proof.—In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. (b) Record of offer and ruling.—The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. I t may direct the making of an offer in question and answer form. (c) Hearing of jury.—In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury. (d) Plain error.—Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. Rule 104. Preliminary Questions (a) Questions of admissibility generally.—Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). I n making its determination it is not bound by the rules of evidence except those with respect to privileges. (b) Relevancy conditioned on fact.—When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. (c) Hearing of jury.—Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if he so requests. (d) Testimony by accused.—The accused does not, by testifying upon a preliminary matter, subject himself to cross-examination as to other issues in the case. (e) Weight and credibility.—This rule does not limit the ri^ht of a party to introduce before the jury evidence relevant to weight or credibility. 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. Rule 106. Remainder of or Related Writings or Recorded Statements When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introdiice any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it. ARTICLE II.

JUDICIAL NOTICE

Rule 201. Judicial Notice of Adjudicative Facts (a) Scope of rule.—This rule governs only judicial notice of adjudicative facts.

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