TITLE ONE — GENERAL PROVISIONS
Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
Scope Restrictions and Jury Instruction. If the 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 timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.
Request; Time. A request under Rule 105(1) is timely if made when the evidence is offered or immediately upon its admission. A party who does not request a restriction forfeits the claim of error, subject to Rule 103(5).
Content and Repetition of the Instruction. An instruction under this rule shall identify the evidence, the party against whom or the purpose for which it may be considered, and the use forbidden. The court shall give the instruction when the evidence is admitted and, on request, again in the final charge to the jury.
Statement of the Limited Purpose Where No Jury Sits. Where no jury sits, the court shall state on the record the limited purpose for which the evidence is admitted, and is presumed to have considered it for that purpose only.
Evidence Admissible Against Fewer Than All Parties. Where evidence is admissible against one party and not another, the court shall consider, in addition to a limiting instruction, whether the evidence may be offered in a form that omits the inadmissible matter, whether the offering party may proceed without it, and whether separate trials are required. Where the evidence is the statement of a co-defendant that inculpates another defendant and the risk of its improper use cannot be cured by a limiting instruction, the court shall exclude the statement or order separate trials.
Substitute Exhibit in Place of Redaction. Where a document, recording, capture, log, or in-game record contains both admissible and inadmissible matter, the proponent shall offer a version prepared to exclude the inadmissible matter. Because a document once received by the electronic filing system cannot be altered, redacted, or withdrawn, a version so prepared shall be filed as a separate exhibit, and the court shall state on the record which version is admitted and that the other is not. The court may require the proponent to prepare and file such a version as a condition of admission.
Exclusion Where a Limitation Is Inadequate. Where the probative value of evidence for its proper purpose is substantially outweighed by the danger that it will be used for an improper purpose, notwithstanding a restriction and instruction under this rule, the court may exclude the evidence under Rule 403.