Fed. R. Evid. proposed changes

Posted: August 27, 2012 in Uncategorized

Many of the proposed changes are in the bankruptcy rules, which I have summarily ignored. However, for fellow civil litigators, it seems the proposed changes in Evidence  are limited to a couple of hearsay issues:

1) If you attack a witness’s credibility, the new rules are more lenient in allowing prior consistent statements (FRE 801 (d)(1)(B)), and, 

2) Once the proferring party establishes evidence as a business/public record, it is now  clearly the challenger’s burden to establish a lack of trustworthiness in order to sustain a hearsay objection. (FRE 803 (6)-(8)).

Interesting. Let’s see if these proposals make it past committee and into the 2013 revisions. Comments are due by Feb. 15, 2013.


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