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Table of Contents

Article I. General Provisions
Rule 103
Rule 104
Rule 105
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings, 

and Photographs
Revised Rule 105. Limited Admissibility Commentary 105(b) 

      Current Rule 105 fails to address sua sponte limiting instructions.   When it would be plain error for the presiding judge not to issue some form of limiting instruction, the judge should give an appropriate instruction, notwithstanding a party's failure to make a request.   Subsection (b) is added to provide express authority for the issuance of sua sponte instructions.  However, as discussed in the Commentary to Revised Rule 103, there may be situations in which litigants prefer, for tactical reasons, not to draw attention to a particular piece of evidence.  In such cases an unnecessary sua sponte instruction may significantly interfere with a litigant's trial strategy.   Although Revised Rule 105 does not restrict the presiding judge's ability to give an im-mediate sua sponte instruction when the circumstances so require, it recommends that the pre-siding judge advise the litigants when an instruction appears to be appropriate and to allow liti-gants the opportunity to state on the record their reasons for not requesting, or for objecting to, an instruction.