Federal Rule of Evidence 502 (Legislative Materials)

This FRE 502 Legislative Materials Page contains some of the essential legislative materials on the Congressional legislation leading to adoption of the new FRE 502. A comprehensive listing with links to documentary material on the Congressional adoption process for Federal Rule of Evidence 502 is located on the FRE 502 Timeline. Other information on the FRE 502 Resource Pages, includes an Overview; Additional Background Materials; Text of FRE 502; Key Cases; and coverage in the Federal Evidence Blog.

A selection of a few of the essential legislative materials on the Congressional legislation leading to adoption of the new Federal Rule of Evidence 502 follow:

Congressional Rulemaking RequestJan. 23, 2006Letter from House Judiciary Committee Chairman Sensenbrenner to Director of the Administrative Office of the U.S. Courts Requesting RulemakingNoting costs and disruptions to process in absence of rule
U.S. Judicial Conference Letter to CongressSept. 27, 2007Letter of Lee H. Rosenthal, Chair, U.S. Judicial Conference Committee on Rules of Practice and Procedure, to Senate Judiciary Committee Chairman Patrick J. Leahy, Senate Judiciary Committee Ranking Member Arlen Specter, House Judiciary Committee Chairman John Conyers, Jr., House Judiciary Committee Ranking Member Lamar Smith
Congressional Budget OfficeFeb. 22, 2008 Congressional Budget Office Cost Estimate“CBO estimates that implementing S. 2450 would have no significant effect on the federal budget. Enacting the legislation would not affect direct spending or revenues.”
Senate ReportFeb. 25, 2008Sen. Rep. No. 264, 110th Cong., 2d Sess. (2008)Provides background on the history of the rule and a section-by-section analysis.
Senate Debate and PassageFeb. 27, 2008154 Cong. Rec. S1317-S1319 (Feb. 27, 2008)Includes draft Advisory Committee Notes
House Debate and PassageSept. 8, 2008154 Cong. Rec. H7818-H7819 (Sept. 8, 2008))Includes "Statement of Congressional Intent Regarding Rule 502 of the Federal Rules of Evidence"
EnactmentSept. 19, 2008Pub. L. No. 110-322White House announcement

Federal Rules of Evidence