Next Generation Bar Exam Quiz
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In a bench trial on a fraud claim against two individual defendants, Ames and Boyd, the creditor offers an email from Ames stating, 'I guaranteed the loan, and Boyd knew about it.' The email is admissible against Ames as an opposing party's statement but is hearsay as to Boyd. Boyd's attorney requests a limiting instruction under Rule 105. The judge says: 'I am admitting this email only against Ames. As the trier of fact, I will not consider it against Boyd, and I do not need to give myself an instruction.' Boyd's attorney objects.
In In re Gorman, the court held: 'Rule 105's requirement of a limiting instruction is directed to trials in which the jury is the trier of fact. In a bench trial, the judge satisfies the rule by stating on the record that the evidence is received for a limited purpose and by confining his or her consideration accordingly. No formal instruction is required.'
Was the judge's ruling proper?
Was the judge's ruling proper?
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