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) Continuing Objection. The court may allow a continuing objection to evidence of the same or similar nature or subject to the same or similar objection. (c) Definitive Rulings. Once the court rules definitively on the record either before or at trial: (1) a party need not renew an objection or offer of proof to preserve a claim of error for appeal; (2) an objecting party does not waive or forfeit a claim of error by offering evidence of a conviction the court held admissible; and (3) a party preserves a claim of error in a ruling to admit or exclude evidence only if each condition of the ruling is fulfilled at trial. (d) 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 may direct that an offer of proof be made in question-and-answer form. (e) 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. (f) Taking Notice of Plain Error. A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved. [Restyled effective July 1, 2016.] Advisory Committee Historical Note Effective July 1, 2016, Rule 103(a)(3) on the “Effects of Definitive Rulings” was adopted. Effective July 1, 2016, the Rule was amended as part of the general restyling of the Evidence Rules. Effective June 16, 2016, the “Comment” was retitled “Advisory Committee Note.” Advisory Committee Note The language of Rule 103 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. The provisions concerning preserving a claim of error and continuing objections – formerly combined in a single paragraph – now appear in separate subdivisions. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.