Rule 103. Rulings on evidence

Rulings on evidence.

(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and

(1) OBJECTION. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

(2) OFFER OF PROOF. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

(b) Record of offer and ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.

(c) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

(d) Plain error. Nothing in this rule precludes taking notice of plain errors affecting substantial rights in a case in which the death penalty has been imposed, even if they were not brought to the attention of the court.

Committee Notes

Advisory Committee’s Notes Section (a). Effect of ruling. This subsection, identical to Federal Rule of Evidence 103(a), continues the Alabama doctrine that an evidence ruling is not assignable as error unless (1) a substantial right is affected and (2) the nature of the error is brought to the attention of the trial court in the manner prescribed in Rule 103(a)(1) or Rule 103(a)(2). Section (a) continues the historic “harmless error rule,” as well as the traditional judicial applications of that principle. See Dinmark v. Farrier, 510 So.2d 819 (Ala.1987); Allison v. Lee, 333 So.2d 149 (Ala.Civ.App.1976). Compare Ala.R.App.P. 45 (an appellate court will not reverse unless “it should appear that the error complained of has probably injuriously affected substantial rights”); Ala.R.Civ.P. 61 (a reviewing court is to “disregard any error or defect in the proceeding which does not affect the substantial rights of the parties”). See also Colo. Rev. Stat. § 33- 103(a) (1984); N.C. Gen. Stat. § 8c-1-103(a) (1986). This rule’s recognition of the harmless error principle is not an invitation for trial courts to ignore the rules of evidence. A court should not admit evidence on the conclusion that although it is improper to admit the evidence, its admission is acceptable if it will not affect a substantial right. Subsection (a)(1). Objection. This subsection embraces preexisting Alabama law regarding the actions a party must take at trial in order to complain that the trial court erred in admitting evidence. The complaining party is required at trial to formally object or move to strike. Bell v. State, 466 So.2d 167 (Ala.Crim.App.1985); Standridge v. Alabama Power Co., 418 So.2d 84, 88 (Ala.1982). See Ex parte Marek, 556 So.2d 375 (Ala.1989) (a motion for mistrial, specifically stating grounds and lodged immediately after the question is asked, preserves error for appellate review). The objection or motion to strike must be timely. This means that usually, although not invaria