| Document | Action Reported |
|---|
May 16, 2005
Advisory Committee Report to Standing Committee |
- Report of Advisory Committee on Evidence Rules approving and summarizing proposed amendments to FRE 404(a), 408, 606(b) and 609
- The Committee's Subcommittee on Privileges reported on its long-term project to "survey" federal common law of privileges, including its consideration of "whether a proposed statute can be drafted to permit parties under certain circumstances to produce documents in discovery without risking subject matter waiver
|
| April 28, 2005Advisory Committee Minutes, | - Advisory Committee on Evidence Rules Minutes approving FRE 404(a), 408, 606(b) and 609
- Professor Ken Broun reported to the committee on the status of the survey of privileges
|
| January 15, 2005Advisory Committee Minutes |
- Advisory Committee on Evidence Rules unanimously agreed no action was needed to FRE 1101 in light of Booker and Blakely sentencing issues and directed a report on developments involving Blakely and Booker
- The Committee unanimously agreed to take no action on a proposal by the Center for Regulatory Effectiveness to amend FRE 803(8) "to require the trial court to consider whether the public report comports with information standards promulgated by Congress" and "to exclude public reports if the government investigation was incomplete, speculative, or biased"
- The Committee unanimously agreed it was premature to recommend amendments to the hearsay rules based on Crawford v. Washington, 541 U.S. 36 (2004)
- The Evidence and Civil Rules Committees will jointly consider integrating civil rules that operate as rules of evidence, such as Fed. R. Civ. P. 32 and FRE 804(b)(1)
- Congress required privacy rules in the E-Government Act which may mandate rules protecting private information found in court filings; the Advisory Committees on Appellate, Bankruptcy, Civil and Criminal Rules are considering appropriate standards; because this issue involves filing of documents and not admissibility of evidence, "they do not raise any question that would be addressed in the Evidence Rules
- The Department of Justice representative suggested consideration of an amendment to FRE 611(a) to protect the privacy interests of witnesses who testify in a federal court; The Reporter will research the issue "to assist the Committee in determining whether 1) existing case law protects the privacy of witnesses, and 2) an amendment to protect such interests is necessary"
- The Committee discussed a possible amendment to establish a new FRE 1104 to clarify the FRE apply to evidence in electronic form
|
May 15, 2004
Advisory Committee on Rules |
- Advisory Committee rejects proposed amendments to FRE 410, 706, 803(3), 803(8), and 804(b)(3)
- Committee 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
- Subcommittee on Privileges is preparing a long-term project to "survey" the federal common law of privileges
- Committee is considering integrating civil rules that operate as rules of evidence, such as Fed. R. Civ. P. 32 and 44 to "make it easier for lawyers to find rules of evidence in one body of law"
- The Civil Rules Committee expressed an interest in working with the Evidence Rules Committee on a rule concerning inadvertent disclosure of privileged material
|
| April 29 & 30, 2004 Committee Minutes |
- Committee unanimously approved proposed amendments to FRE Rule 404(a) and 609(a)(2) and recommended to the Standing Committee that the proposals be released for public comment along with the amendments approved below
- motion was made and seconded to approve the proposed amendment to Evidence
- Committee approved by a vote of 6 to 1 proposed amendment to FRE 606(b)
- Committee approved by a vote of 5 to 2 proposed amendment to FRE 408
- Committee unanimously agreed to defer any amendment to FRE 410
- Committee unanimously agreed to take no further action on an amendment to FRE 706
- Committee unanimously agreed any amendment to FRE 803(3) was inappropriate at this time based on Crawford v. Washington, 541 U.S. 36 (2004)and the case law would continue to be monitored
- Committee unanimously agreed to defer any amendment to FRE 803(8)
- After the Supreme Court sent back the proposed amendment to FRE 804(b)(3) following the Crawford decision, the Committee decided to defer any consideration of an amendment to a hearsay exception until the implications of Crawford are understood
- Committee reviewed the privilege survey project
- Committee considered whether suggestions should be provided to the Civil Rules Committee about the restylization of Fed. R. Civ. P. 32 and 44 that bear on the admission of evidence
- Committee unanimously agreed that a joint project was appropriate with the Civil Rules Committee on a rule concerning inadvertent disclosure of privileged material and that an appropriate suggestion could be made to Congress instead of a proposed rule through the rulemaking process
|
| December 1, 2003 Advisory Committee Report to Standing Committee |
- Advisory Committee rejected amendments to FRE 607, 613(b), 704(b), 801(d)(1)(B), 803(18), and 806
- Committee gave tentative approval to language to amendment FRE 404(a), 408, 410, 606(b) and 609
- Committee directed the Reporter to prepare memoranda to determine whether changes were necessary to FRE 706, 803(3), and 803(8)
- An update was provided concerning the Subcommittee on Privileges on a long-term project by Consultant to the Committee, Professor Ken Broun, to "survey" the federal common law of privileges; the survey of the psychotherapist-patient privilege is substantially completed, and work has commenced on the attorney-client privilege
|
| November 13, 2003 Committee Minutes |
- Advisory Committee on Evidence Rules tentatively approved language amending FRE 404(a), 410, and considered a working draft to amend FRE 408, 606(b), and 609(a)(2)
- Committee agreed to consider at a future meeting proposals to amend FRE 706, 803(3), 803(8)
- Committee further agreed to end consideration of an amendment to FRE 607, 613(b), 704(b), 801(d)(1)(B), 803(18), 806
- Professor Ken Broun reported to the committee on the status of the survey of privileges
|
| May 5, 2003 Advisory Committee Report to Standing Committee |
- Advisory Committee approved proposed amendment to FRE 804(b)(3), unanimously recommending that the Standing Committee approve and forward it to the Judicial Conference; a summary of public comments was included with the report
- Committee rejected amendments to FRE 106, 404(a), 803(6)
- Committee votes to give further consideration to amendment to FRE 404(a), 408, 410, 606(b)
- Committee Reporter to prepare memoranda to determine whether changes were necessary to FRE 607, 609, 613(b), 704(b), 706, 801(d)(1)(B), 803(3), 803(5), 803(8), 803(18), 806, and 901
- Subcommittee on Privileges is working on a long-term project to "survey" the federal common law of privileges
- Committee considered a proposal to amend the Civil Rules to permit more general use of de bene esse depositions (prepared as a substitute for trial testimony) and concluded it would create a conflict with the FRE
|
| April 25, 2003 Committee Minutes |
- Committee held a public hearing on the proposed amendment to FRE 804(b)(3)
- Committee unanimously approved a modified amendment to FRE 804(b)(3) and referred it to the Standing Committee
- Committee agrees to consider possible amendments to FRE 404(a), 408, 410, 606(b)
- Committee unanimously agreed to end consideration of any amendment to FRE 106 and 803(6)
- With regard to the status of a survey on privileges, Professor Ken Broun provided a draft of the survey on the psychotherapist-patient privilege
- Committee considered a proposal to amend the Civil Rules to permit more general use of de bene esse depositions (prepared as a substitute for trial testimony) and concluded it would create a conflict with the FRE
|
December 5, 2002
Advisory Committee Report to Standing Committee |
- Advisory Committee votes to give further consideration to amend FRE 106, 404(a), 408, 410, 806, 901
- Committee rejected amendments to FRE 106, 412, 803(6), 803(4), 804(a)(5), 804(b)(1), 807, 902(1), 1006
- Committee Reporter to prepare memoranda to determine whether changes were necessary to FRE 606(b), 607, 609, 613(b), 704(b), 706, 801(d)(1)(B), 803(3), 803(4), 803(5), 803(6), 803(8), 803(18)
- Subcommittee on Privileges is working on a long-term project to "survey" the federal common law of privileges and chose the psychotherapist-patient privilege as an exemplar
|
| October 18, 2002 Committee Minutes |
- Advisory Committee votes to give further consideration to amend FRE 106, 404(a), 408, 806, 901
- Committee rejected amendments to FRE 106, 412, 803(4), 804(a)(5), 804(b)(1), 807, 902(1), 902(2), 902(6), 1006
- Subcommittee on Privileges is working on a long-term project to "survey" the federal common law of privileges
|
| May 1, 2002 Advisory Committee Report to Standing Committee |
- Advisory Committee unanimously approves amendment to FRE 608(b) and recommends that the Standing Committee approve and it to the Judicial Conference
- Committee unanimously agreed to revise a proposed amendment to FRE 804(b)(3) and unanimously recommends that the revised proposal be released for a new round of public comment
- Subcommittee on Privileges prepared two draft rules for a privilege for confidential communications to physicians and mental health providers and a privilege for confidential communications to clerics; Committee tentatively decided that any privilege for communications to clerics should be developed by common law
- Committee rejected any long-term project to consider amendments to FRE 104, 401, 402, 403, 404(b), 405, 413-15, 610, 611, 801(c)
- Committee voted to consider tentatively whether amendments were necessary to FRE 106, 404(a), 408, 412, 606(b), 607, 609, 613(b), 704(b), 706, 801(d)(1)(B), 803(3), 803(4), 803(5), 803(6), 803(8), 803(18)
|
