NCJ Number
117350
Date Published
1989
Length
15 pages
Annotation
This article discusses how the Federal Rules of Evidence have brought about a quiet revolution by destroying many of the traditional barriers to proof.
Abstract
The Federal Rules of Evidence have given abundant discretionary power to the trial courts, as the judges are free to use interpretive creativity in the application of the rules of evidence, and greater admissibility has resulted. Under Rules 1001 and 1003, the once restrictive best evidence rule is rendered obsolete by the creation of 'duplicates.' Rule 902 abandons the formality of a foundation for a broad category of documents deemed 'self-authenticating.' Rules 702-705 eliminate traditional limitations on expert testimony. Rule 403, governing general relevance, is the only rule of exclusion that counts. Because of the many exceptions to the hearsay rule, the ban on hearsay is now almost obsolete. The court decisions of the last 7 years have created theories and precedents to admit almost all probative hearsay. This article examines the application of hearsay exceptions to evidence of the declarant's mental state, statements that combine intent with memory, the admission of official evaluations and conclusions as factual findings, prior testimony, and unsworn statements. The relevance of State codes to hearsay exceptions is also addressed.