Recommendation will be forwarded to the Committee on Rules of Practice and Procedure for its meeting in June 2009
On April 23-24, 2009, the Advisory Committee on Evidence Rules, of the U.S. Judicial Conference, recommended a proposed amendment to Evidence Rule 804(b)(3). 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.
The recommendation has been provided to the Committee on Rules of Practice and Procedure, which will consider the proposal in June 2009. Under the established rule-making process, if the committee approves the recommendation, in September 2009, the U.S. Judicial Conference will consider whether for consideration at its September 2009 session. If approved by the Judicial Conference, then the Supreme Court will consider the proposal. If transmitted to the Congress by the Court, and if Congress does not take action, the proposed amendment would become effective on December 1, 2010.
For a copy of the draft amendment language, and an explanation of the purpose for the amendment, see this prior post. For further background on the amendment, see Part VIII (Sept. 18, 2009), Part VI (Feb. 19, 2009), Part V (Jan. 21, 2008), Part IV (Nov. 18, 2008), Part III (Aug. 21, 2008), Part II (June 19, 2008), and Part I (June 9, 2008).
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