Ariz. R. Evid. 103

As amended through December 6, 2023

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 or Offer of Proof. Once the court rules definitively on the record--either before or at trial--a party need not renew an objection or offer of proof 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 may direct that an offer of proof be made in question-and-answer form.

(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. A court may take notice of an error affecting a fundamental right, even if the claim of error was not properly preserved.

Ariz. R. Evi. 103

Amended Sept. 8, 2011, effective 1/1/2012.

COMMENT TO 2012 AMENDMENT

Subsection (b) has been added to conform to Federal Rule of Evidence 103(b).

Additionally, the language of Rule 103 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent in the restyling to change any result in any ruling on evidence admissibility.

The substance of subsection (e) (formerly subsection (d)), which refers to "fundamental error," has not been changed to conform to the federal rule, which refers to "plain error," because Arizona and federal courts have long used different terminology in this regard.

HISTORICAL NOTE

Source:

Fed.Rules Civ.Proc., Rule 43(c), 28 U.S.C.A.Code 1939, § 25-923.

Federal Rules of Evidence, Rule 103 (modified).