2006 Legislative History Page

The process for proposing, considering and approving a FRE amendment can take a few years. The four 2006 amendments were transmitted to the Congress on April 12, 2006 by the U.S. Supreme Court. Congress had the authority to accept, modify or reject the proposed amendments by December 1, 2006. The amendments became effective upon Congress taking no action on the transmitted amendments.

Relevant reports can be accessed by linking on the applicable date below. The amendments traced in the table include those proposed for FRE 404(a) (Character Evidence Generally), FRE 408 (Compromise and Offers to Compromise), FRE 606(b) (Competency of Juror as Witness: Inquiry Into Validity of Verdict or Indictment), FRE 609 (Impeachment by Evidence of Conviction of Crime), includes:

DateAction
Oct. 18, 2002 Advisory Committee on Evidence Rules agrees to continue consideration of a possible amendment to FRE 106, 404(a), 408,
Dec. 5, 2002 Advisory Committee on Evidence Rules votes to give further consideration to amendment to FRE 106, 404(a), 408, 410, 806, 901
April 25, 2003 Advisory Committee on Evidence Rules approves proposed amendments to FRE 404(a), 408, 606(b), as part of a possible package of amendments
May 5, 2003 Advisory Committee on Evidence Rules votes to give further consideration to amendment to FRE 404(a), 408, 410, 606(b)
Nov. 13, 2003 Advisory Committee on Evidence Rules considers working draft amendment and advisory committee note for FRE 404(a), 408, 410, 606(b), which will be considered at its next meeting
Dec. 1, 2003 Advisory Committee on Evidence Rules gives tentative approval to language to amendment FRE 404(a), 408, 410, 606(b) and 609
April 29 & 30, 2004 Advisory Committee approves proposed amendments to FRE Rule 404(a), 408, 606(b), and 609(a)(2)
May 15, 2004Advisory Committee on Rules of Evidence recommends proposed amendments to FRE 404(a), 408, 606(b) and 609 be released for public comment and includes draft language and advisory committee notes
August 2004Proposed amendments submitted for public comment: August 2004 Preliminary Draft of Proposed Amendments to the Federal Rules of Practice and Procedure, Submitted For Public Comment (For Public Comment) (see Federal Rules of Evidence Amendments at pages 5 to 7 of this pdf document)
Feb. 15, 2005Public comment period on pending amendments ends; Several comments were received.
April 28, 2005Advisory Committee on Evidence Rules considers and adopts proposed amendments with some modification
May 16, 2005Report of the Advisory Committee on Evidence Rules (including summary and draft Advisory Committee Notes)
June 15-16, 2005Committee on Rules of Practice and Procedure ("Standing Committee") approves the proposed amendments to FRE, along with other amendments to other rules of evidence, and civil and criminal procedure.
Sept. 20, 2005Judicial Conference approves the amendment at its annual meeting and transmitted the amendment to the U.S. Supreme Court, along with other rule changes
April 12, 2006The U.S. Supreme Court transmits the amendments to FRE 404(a), 408, 606(b) and 609 to Congress. (By law the Supreme Court acts on the recommendation by May 1. See 28 U.S.C. § 2074(a) ("The Supreme Court shall transmit to the Congress not later than May 1 of the year in which a rule … is to become effective a copy of the proposed rule. Such rule shall take effect no earlier than December 1 of the year in which such rule is so transmitted unless otherwise provided by law.").
Dec. 1, 2006Congress had the final opportunity to accept, modify or reject the proposed amendment by December 1, 2006. Because Congress did not take any action, the amendments transmitted by the Supreme Court became effective on December 1, 2006. See 28 U.S.C. § 2074(a).

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