Rule 105 requires the court on request to restrict evidence to its proper scope and instruct the jury accordingly. It applies where evidence is admissible for one purpose but not another, or against one party but not another.
The instruction must be requested.
Alternative Names:
Limited Purpose Instruction, Rule 105 Instruction
Why it Matters?
The instruction is available only on request, so a party that fails to ask receives no limitation and the evidence is admitted generally. That is a routine oversight with real consequences where evidence admissible against a codefendant would otherwise be considered against the requesting party. The countervailing tactical concern is that a limiting instruction draws attention to the evidence, which some counsel prefer to avoid.
Frequently Confused with
Related terms
Frequently asked questions
Is a limiting instruction automatic?
What is the tactical concern?
