Rule 103. Rulings on Evidence

RULE 103. Rulings on Evidence

(a)

Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude

evidence only if the error affects a substantial right of the party and:

(1)

if the ruling admits evidence, a party, on the record:

(A)

timely objects or moves to strike; and

(B)

states the specific ground, unless it was apparent from the context; or

(2)

if the ruling excludes evidence, a party informs the court of its substance by an offer

of proof, unless the substance was apparent from the context.

(b)

Not Needing to Renew an Objection. When the court hears a party’s objections outside

the presence of the jury and rules that evidence is admissible, a party need not renew an

objection to preserve a claim of error for appeal.

(c)

Court’s Statement About the Ruling; Directing an Offer of Proof. The court may make

any statement about the character or form of the evidence, the objection made, and the

ruling. The court must allow a party to make an offer of proof as soon as practicable. In a

jury trial, the court must allow a party to make the offer outside the jury’s presence and

before the court reads its charge to the jury. At a party’s request, the court must direct that

an offer of proof be made in question-and-answer form. Or the court may do so on its own.

(d)

Preventing the Jury from Hearing Inadmissible Evidence. To the extent practicable,

the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury

by any means.

(e)

Taking Notice of Fundamental Error in Criminal Cases. In criminal cases, a court may

take notice of a fundamental error affecting a substantial right, even if the claim of error

was not properly preserved.

Notes and Comments

Comment to 1998 change: The exception to the requirement of an offer of proof for matters that

were apparent from the context within which questions were asked, found in paragraph (a)(2), is

now applicable to civil as well as criminal cases.