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.

ADVISORY COMMITTEE NOTE

This provision is the federal rule, verbatim, and is comparable to Rule 6, Utah Rules of Evidence (1971). This rule is to be read in conjunction with Rule 20(b), Utah Rules of Civil Procedure, concerning separate trials and Utah Code Annotated, Section 77-8a-1 (1953) concerning severance, and with the caveat that a limiting instruction may be illusory at best, particularly in a complex trial or one in which the evidence substantially consists of inferences, presumptions or circumstantial evidence. The danger of prejudice may also be greater in criminal cases, where life and liberty may be at stake. Cf. Kotteakos v. United States, 328 U.S. 750, 762-63 (1946). See also Terry v. Z.C.M.I., 605 P.2d 314 (Utah 1979). The matter is addressed to the discretion of the trial judge.