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Rule105.? Limiting Evidence That Is NotAdmissible Against Other Parties or for Other Purposes.

 

If thecourt admits evidence that is admissible against a party or for a purpose ? butnot against another party or for another purpose ? the court, on timelyrequest, must restrict the evidence to its proper scope and instruct the juryaccordingly.

 

 

2011Advisory Committee Note. ?The language of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intendedto be stylistic only. There is no intent to change any result in any ruling onevidence admissibility. This rule is the federal rule, verbatim.

 

Original Advisory CommitteeNote. This provision 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 Code ?77-8a-1 (1953) concerning severance, and with the caveat that a limitinginstruction may be illusory at best, particularly in a complex trial or one inwhich the evidence substantially consists of inferences, presumptions orcircumstantial evidence. The danger of prejudice may also be greater incriminal 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). Thematter is addressed to the discretion of the trialjudge.