Proposed Amendments to Federal Rules of Evidence Leave Much Uncertain
"This is to demonstrate that the appropriate use of illustrative aids, demonstrative evidence, and summaries of voluminous materials remains unclear," write Michael A. Kaplan and Christopher Dernbach of Lowenstein Sandler.
March 26, 2024 at 10:00 AM
7 minute read
EvidenceAn appropriately introspective trial attorney will often wonder, "Is the big picture clear?" or "Am I presenting the evidence well enough that the jury is with me?" This is particularly true in complex cases. At present, the Federal Rules of Evidence (Rules) do not provide many clear answers on the options available to a trial lawyer focused on solutions to such questions. While the Rules allow the attorney to "use a summary, chart, or calculation to prove the content of voluminous writing, recordings, or photographs that cannot be conveniently examined in court," the guidance largely stops there. Even for such summaries, there are disagreements about whether they are admissible as evidence. The Committee on Rules of Practice and Procedure's (Committee) proposed addition of FRE 107 and amendments to FRE 1006 seek to fill the gap, and while they are a good start, much is left unclear. The proposed amendments and addition of Rule 107 have been approved by the Judicial Conference and, if sent to Congress by May 1, 2024, absent congressional action, will become effective on Dec. 1, 2024.
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