Print Version
Previous PageFile uploaded: 4/4/2012

Rule105.     Limiting Evidence That Is Not AdmissibleAgainst Other Parties or for Other Purposes


Ifthe 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 timelyrequest, must restrict the evidence to its proper scope and instruct the juryaccordingly.


2011 Advisory CommitteeNote. – The language ofthis rule has been amended as part of the restyling of the Evidence Rules tomake them more easily understood and to make style and terminology consistentthroughout the rules. These changes are intended to be stylistic only. There isno intent to change any result in any ruling on evidence admissibility. Thisrule is the federal rule, verbatim.




Thisprovision is the federal rule, verbatim, and is comparable to Rule 6, UtahRules of Evidence (1971). This rule is to be read in conjunction with Rule20(b), Utah Rules of Civil Procedure, concerning separate trials and Utah CodeAnnotated, Section 77-8a-1 (1953) concerning severance, and with the caveatthat a limiting instruction may be illusory at best, particularly in a complextrial or one in which the evidence substantially consists of inferences,presumptions or circumstantial evidence. The danger of prejudice may also begreater 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.