No public comments yet received, committee reports; public comments due by February 17, 2009
As previously reported, on August 8, 2008, a draft amendment to FRE 804(b)(3) was released for public comment by the U.S. Judicial Conference Committee on Rules of Practice and Procedure. The proposed amendment would clarify that the corroborating circumstances requirement under the rule applies to statements against penal interest introduced by the government. This requirement already applies to statements admitted by the defendant. Some courts have held that the same requirement applies to statements offered by the government. Public hearings will be held by the Advisory Committee on Evidence on in San Antonio, Texas, on January 13, 2009, and in Atlanta, Georgia, on January 26, 2009.
At the last meeting of the Advisory Committee on Evidence, it was reported that no public comment had been received, although comments normally are provided as the deadline approaches. A check of pending comments submitted shows none of been provided at this time. Public comments will be posted online. The public comment period ends by February 17, 2009. Public comments may be provided online. For more information, review the Memorandum to the Bench, Bar, and Public on Proposed Amendments to the Federal Rules (Aug. 2008). After the comments are received, the appropriate committees of the U.S. Judicial Conference will consider them and make a final recommendation on any amendment to the U.S. Judicial Conference.
For a copy of the draft amendment language, and an explanation of the purpose for the amendment, see this prior post. For a copy of the draft amendment language, and an explanation of the purpose for the amendment, see this explanatory post. For further background on the amendment, see Part VIII (Sept. 18, 2009), Part VII (May 6, 2009), Part VI (Feb. 19, 2009), Part V (Jan. 21, 2008), Part III (Aug. 21, 2008), Part II (June 19, 2008), and Part I (June 9, 2008).
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