Relevant evidence means evidence having any tendency to make the
existence of any fact that is of consequence to the determination of the action
more probable or less probable than it would be without the evidence.
All relevant evidence is admissible, except as otherwise provided by the
Constitution of the United States, by Act of Congress, pursuant to executive
order, by these rules, or by other rules or regulations prescribed by the
administrative agency pursuant to statutory authority. Evidence which is not
relevant is not admissible.
Although relevant, evidence may be excluded if its probative value is
substantially outweighed by the danger of confusion of issues, or misleading the
judge as trier of fact, or by considerations of undue delay, waste of time, or
needless presentation of cumulative evidence.
(a) Character evidence generally. Evidence of a person's character
or a trait of character is not admissible for the purpose of proving action in
conformity therewith on a particular occasion, except evidence of the character
of a witness, as provided in §§ 18.607, 18.608, and 18.609.
(b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs,
or acts is not admissible to prove the character of a person in order to show
action in conformity therewith. It may, however, be admissible for other
purposes, such as proof of motive, opportunity, intent, preparation, plan,
knowledge, identity, or absence of mistake or accident.
(a) Reputation of opinion. In all cases in which evidence of
character or a trait of character of a person is admissible, proof may be made
by testimony as to reputation or by testimony in the form of an opinion. On
cross-examination, inquiry is allowable into relevant specific instances of
conduct.
(b) Specific instances of conduct. In cases in which character or a
trait of character of a person is an essential element of a claim or defense,
proof may also be made of specific instances of that person's conduct.
Evidence of the habit of a person or of the routine practice of an
organization, whether corroborated or not and regardless of the presence of
eyewitnesses, is relevant to prove that the conduct of the person or
organization on a particular occasion was in conformity with the habit or
routine practice.
When, after an event, measures are taken which, if taken previously, would
have made the event less likely to occur, evidence of the subsequent measures is
not admissible to prove negligence or culpable conduct in connection with the
event. This rule does not require the exclusion of evidence of subsequent
measures when offered for another purpose, such as proving ownership, control,
or feasibility of precautionary measures, if controverted, or impeachment.
Evidence of furnishing or offering or promising to furnish, or of accepting
or offering or promising to accept, a valuable consideration in compromising or
attempting to compromise a claim which was disputed as to either validity or
amount, is not admissible to prove liability for or invalidity of the claim or
its amount. Evidence of conduct or statements made in compromise negotiations is
likewise not admissible. This rule does not require the exclusion of any
evidence otherwise discoverable merely because it is presented in the course of
compromise negotiations. This rule does not require exclusion when the evidence
is offered for another purpose, such as proving bias or prejudice of a witness,
or negativing a contention of undue delay.
Evidence of furnishing or offering or promising to pay medical, hospital, or
similar expenses occasioned by an injury is not admissible to prove liability
for the injury.
Except as otherwise provided in this rule, evidence of the following is not
admissible against the defendant who made the plea or was a participant in the
plea discussions:
(a) A plea of guilty which was later withdrawn;
(b) A plea of nolo contendere;
(c) Any statement made in the course of any proceedings under Rule 11 of the
Federal Rules of Criminal Procedure or comparable state procedure regarding
either of the foregoing pleas; or
(d) Any statement made in the course of plea discussions with an attorney
for the prosecuting authority which do not result in a plea of guilty or which
result in a plea of guilty later withdrawn. However, such a statement is
admissible in any proceeding wherein another statement made in the course of the
same plea discussions has been introduced and the statement ought in fairness be
considered contemporaneously with it.
Evidence that a person was or was not insured against liability is not
admissible upon the issue whether the person acted negligently or otherwise
wrongfully. This rule does not require the exclusion of evidence of insurance
against liability when offered for another purpose, such as proof of agency,
ownership, or control, or bias or prejudice of a witness.
Except as otherwise required by the Constitution of the United States, or
provided by Act of Congress, or by rules or regulations prescribed by the
administrative agency pursuant to statutory authority, or pursuant to executive
order, the privilege of a witness, person, government, State, or political
subdivision thereof shall be governed by the principles of the common law as
they may be interpreted by the courts of the United States in the light of
reason and experience. However with respect to an element of a claim or defense
as to which State law supplies the rule of decision, the privilege of a witness,
person, government, State, or political subdivision thereof shall be determined
in accordance with State law.
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