1975 FRE Original Enactment Legislative History Page

Overview

In 1975, the Federal Rules of Evidence were enacted. See Pub. L. No. 93-595, 88 Stat. 1929. The legislation was the culmination of more than fifteen years of effort to draft uniform rules of evidence for the federal courts. As part of the Rules Enabling Act, after judicial committees considered and developed the proposed Federal Rules of Evidence, the Chief Justice submitted the proposal to Congress for its consideration. See Current Rules Enabling Act. A statute was enacted to allow more time for congressional review. See Pub. Law No. 93–12, 87 Stat. 9 (March 30, 1973), as noted in the second timeline below. See also Immigration and Naturalization Service v. Chadha, 462 U.S. 919, 935 n.9 (1983) (noting how the Rules Enabling Act “gave Congress the opportunity to review the Rules before they became effective, and to pass legislation barring their effectiveness if the Rules were found objectionable” which “was used by Congress when it acted in 1973 to stay, and ultimately to revise, the proposed Rules of Evidence. Compare Act of Mar. 30, 1973, Pub. L. 93-12, 87 Stat. 9, with Act of Jan. 2, 1975, Pub. L. 93-595, 88 Stat. 1926.”). During the legislative process, Congress made several modifications; the final legislation was then sent to President Gerald R. Ford and signed into law. The new Federal Rules of Evidence became effective July 1, 1975.

For some cases discussing the legislative history of the Federal Rules of Evidence as enacted in 1975, see

  • Jaffee v. Redmond, 518 U.S. 1, 8 n.7 (1996) ("In 1972 the Chief Justice transmitted to Congress proposed Rules of Evidence for United States Courts and Magistrates. 56 F. R. D. 183 (hereinafter Proposed Rules). The Rules had been formulated by the Judicial Conference Advisory Committee on Rules of Evidence and approved by the Judicial Conference of the United States and by this Court. Trammel v. United States, 445 U. S. 40, 47 (1980). The Proposed Rules defined nine specific testimonial privileges, including a psychotherapist-patient privilege, and indicated that these were to be the exclusive privileges absent constitutional mandate, Act of Congress, or revision of the Rules. Proposed Rules 501–513, 56 F. R. D., at 230–261. Congress rejected this recommendation in favor of Rule 501’s general mandate. Trammel, 445 U. S. [40,] 47 [(1980)].")
  • Diggs v. Lyons, 741 F.2d 577, 579-81 (3d Cir. 1984) (reviewing legislative history for FRE 609(a)), cert. denied, 471 U.S. 1078 (1985)
  • United States v. Kiendra, 663 F.2d 349, 354 (1st Cir. 1981) (reviewing legislative history and holding “that evidence offered under Rule 609(a)(2) is not subject to the general balancing provision of Rule 403”)
  • See also In re Cardizem CD Antitrust Litigation, 481 F.3d 355, 363 (6th Cir. 2007) (noting “when Congress enacted the Federal Rules of Evidence, see Pub. L. No. 93-595, 88 Stat. 1926 (1975), it included Rule 706 — entitled ‘Court Appointed Experts’ — within the rules”);
  • Sims v. Great American Life Ins. Co., 469 F.3d 870, 878 (10th Cir. 2006) ("Great American's argument rises or falls on the premise that the Federal Rules of Evidence are a product of congressional action. Our review of the relevant history reveals this to be so."; application of FRE under Erie Doctrine)
  • In re Grand Jury Subpoena, Judith Miller, 438 F.3d 1141, 1166 (D.C. Cir. 2006) (FRE 501 history and development of federal law of privilege)
  • Complaint of Nautilus Motor Tanker Co., Ltd., 85 F.3d 105, 112 (3d Cir. 1996) (discussing congressional promulgation of FRE; "Although initially proposed by the Supreme Court, the Federal Rules of Evidence were enacted into law by Congress, Act of Jan. 2, 1975, Pub. L. No. 93-595, 88 Stat. 1926 (1975), and they 'govern proceedings in the courts of United States.'") (quoting FRE 101))
  • Wray v. Gregory, 61 F.3d 1414, 1420-21 (9th Cir. 1995) (FRE, Congressional promulgation and Erie)

Congressional Timeline: Pub. L. No. 93-595

The timeline of the congressional action is indicated below, along with links to legislative materials, where available:

DateCongressional Action
Feb. 5, 1973Chief Justice submits proposed Federal Rules of Evidence to Congress, based on review and drafting of judicial committees and recommendation of the U.S. Judicial Conference. See 409 U.S. 1132 (1973); 119 Cong. Rec. 3247 (Feb. 5, 1973) (Exec. Comm. 359); H. Doc. 46, 93rd Cong., 1st Sess. (1973); see also Pub. Law No. 93–12, 87 Stat. 9 (March 30, 1973) (providing that the proposed rules “shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by Act of Congress”).
March 12, 1973Representative William L. Hungate, Chairman of the House Judiciary Subcommittee on Criminal Justice, introduced H.R.5463, 93rd Cong., 1st Sess., which is referred to the House Judiciary Committee; Title: A bill to establish rules of evidence for certain courts and proceedings.
March 30, 1973 In order to provide for time for congressional review of the proposed Federal Rules of Evidence, Pub. Law No. 93–12 is enacted, providing that the proposed rules “shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by Act of Congress.” See Pub. Law No. 93–12, 87 Stat. 9 (March 30, 1973) (See Congressional Timeline for statute below)
Nov. 15, 1973 Reported to the House of Representatives from the House Judiciary Committee as amended. See H. Rep. No. 650, 93rd Cong., 1st Sess. (1973), reprinted in 1974 U.S. Code Cong. & Adm. News 7075
Feb. 6, 1974 House passes measure by a vote of 377 to 13. See 120 Cong. Rec. 2366-94 (Nov. 22, 1974) (Roll Call No. 24).
Feb. 7, 1974 Measure referred to the Senate Judiciary Committee
Oct. 11, 1974 Reported to the Senate from the Senate Judiciary Committee. See S. Rep. No. 1277, 93rd Cong., 1st Sess. (1974), reprinted in 1974 U.S. Code Cong. & Adm. News 7051
Nov. 22, 1974 Senate passes measure by a vote of 69 to 0. See 120 Cong. Rec. 37064-85 (Nov. 22, 1974) (Roll call No. 501).
Dec. 3, 1974 House Conference scheduled
Dec. 9, 1974 Senate Conference scheduled
Dec. 14, 1974 Conference Report filed. See H. Rep. No. 1597, 93rd Cong., 1st Sess. (1974), reprinted in 1974 U.S. Code Cong. & Adm. News 7098
Dec. 16, 1974 Senate agrees to Conference Report
Dec. 18, 1974 House of Representatives agrees to Conference Report by a vote of 363 to 32. See Roll Call No. 708
Dec. 18, 1974 Measure cleared for the White House
Dec. 18, 1974 Measure presented to the President
Jan. 2, 1975 Measure signed by the President. See Pub. L. No. 93-595, 88 Stat. 1926; see also 11 Weekly Compilation Of Presidential Documents (Jan. 3, 1975) (Presidential statement).
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Congressional Timeline: Pub. L. No. 93-12

Congressional timeline for statute providing more time for congressional review of the proposed Federal Rules of Evidence:

DateCongressional Action
Jan. 29, 1973 Senator Sam J. Ervin, Jr. introduces S. 583, 93rd Cong., 1st Sess., which is referred to the Senate Judiciary Committee; Title: An Act to promote the separation of constitutional powers by suspending the effectiveness of the Rules of Evidence for United States Courts and Magistrates, the amendments to the Federal Rules of Civil Procedure, and the Amendments to the Federal Rules of Criminal Procedure transmitted to the Congress by the Chief Justice on February 5, 1973, until approved by Act of Congress.
Feb. 5, 1973 Reported to the Senate from the Senate Judiciary Committee reports measure to the Senate. See S. Rep. No. 14, 93rd Cong., 1st Sess. (1973).
Feb. 7, 1973 Senate approves measure.
Feb. 7, 1973 Measure is referred to the House Judiciary Committee
March 7, 1973 Reported to the House of Representatives from the House Judiciary Committee as amended. See H. Rep. No. 52, 93rd Cong., 1st Sess. (1973).
March 14, 1973 House amends and approves measure 399 to 1. Roll Call No. 48.
March 19, 1973 Senate agrees to House amendments.
March 19, 1973 Measure cleared for the White House
March 20, 1973 Measure presented to the President
March 30, 1973 Measure signed by the President. See Pub. Law No. 93–12, 87 Stat. 9 (March 30, 1973).
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U.S. Judicial Conference Action:
Proposed Federal Rules Of Evidence

The proposed Federal Rules of Evidence were first considered by committees of the U.S. Judicial Conference. A proposal for uniform federal rules of evidence was referred to a judicial committee in 1957. After many years of review, a final proposal was transmitted by the U.S. Supreme Court to the Congress in 1973. The timeline of judicial committee action is noted below, with links to the primary reports and documents:

Date Action
Sept. 17-19, 1958 U.S. Judicial Conference establishes Committee on Rules of Practice and Procedure and five advisory rules committees. See Annual Report of the Proceeding of the Judicial Conference of the United States (1958) (Excerpt).

  • “At the September 1957 session of the Conference (Conf. Rept. p. 43), a proposal to establish uniform rules of evidence for the federal courts was referred by the Conference to the Committee on Court Administration for study and report. In view of the action of the Conference at this session establishing a Committee on Rules of Practice and Procedure, the Committees recommend that this subject, which involves rules of practice and procedure, be referred to that Committee for consideration to the end that it may be referred to an appropriate advisory committee if deemed proper. The Conference approved the recommendation of the Committee.”
Dec. 22, 1959 Minutes of the First Meeting of the Standing Committee on Rules of Practice and Procedure

  • On the “[p]roposal to formulate federal rules of evidence,” the committee “agreed that this matter should await further action.” Minutes, at 23.
April 4, 1960 U.S. Supreme Court Press Release, announcing appointment of Committee on Rules of Practice and Procedure and five advisory rules committees
Aug. 31, 1960 Minutes of the Second Meeting of the Standing Committee on Rules of Practice and Procedure

  • Progress Report: “After discussion it was decided that a study of uniform rules of evidence is such a big project and that it would constitute a hindrance to the other work at this time. It was accordingly decided that action on the proposal to prepare uniform rules of evidence for the federal courts be postponed until the next meeting. The proposal must be considered, but obviously the Advisory Committee on Civil Rules and the Reporter are not able to add this project to their labor now. When At is considered it should probably be by a specially constituted group.” Minutes, at 25-26.
Sept. 1960 Report of the Committee On Rules of Practice and Procedure

  • Progress Report: “The standing committee has decided to postpone consideration of tre proposal for uniform rules of evidence until a later meeting in view of the large program presently being undertaken by the Advisory Committee on Civil Rules.” Report, at 1-2.
Feb. 24, 1961 Minutes of the Third Meeting of the Standing Committee on Rules of Practice and Procedure

  • “Pursuant to the reference by the Judicial Conference, the Committee discussed at length the matter of uniform rules of evidence. A motion was unanimously carried that the Committee recommend to the Judicial Conference that it authorize the appointment by the Chief Justice of an Advisory Committee to consider the feasibility of adopting uniform rules of evidence for the Federal Courts and if found feasible, to formulate such rules. It was reported that Judge Boldt had previously indicated his approval of this project.” Minutes, at 7; see also Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States, at 17.
Aug. 13, 1962 Minutes of the Third Meeting of the Standing Committee on Rules of Practice and Procedure

  • Report Of The Special Committee On Evidence: “Professor Moore presented a progress report of the special Committee on Evidence, and stated that the preliminary report which was circulated in February 1962 to 8, 000 members of the bench and bar, recommended that uniform rules of evidence for the federal courts be formulated and adopted, this action being both desirable and feasible. The public has been given until January 1, 1963 to give suggestions.” Minutes, at 16; see also Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States, at 6.
Jan. 17, 1963 Final Report of the Special Committee on Evidence

  • Special Committee unanimously adopts resolution: “1. Rules of evidence applied in the Federal courts should be improved; and 2. Rules of evidence, which would be uniform throughout the Federal court system, are both advisable and feasible.”
  • Committee notes that “under the authority granted by the Rule-Making Act of 1934, an advisory committee of the Judicial Conference should be appointed to draft rules of evidence which would be uniform throughout the federal court system.” Minutes, at 2; see also Final Report of the Special Committee on Evidence.
Feb. 25, 1963 Minutes Of The Standing Committee on Rules of Practice and Procedure


  • Progress Report: “The Committee considered the final report of the Special Committee on Evidence recommending that it is feasible and desirable to formulate uniform rules of evidence for the district courts, and that the standing Committee recommend to the Judicial Conference that the Chief Justice be requested to appoint an advisory committee which would work on the drafting of these rules…. After some discussion, the Committee voted unanimously to approve the report of the Special Committee on Evidence.” Minutes, at 5; see also Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States, at 1-2.
June 18, 1965 Minutes Of the First Meeting of the Advisory Committee on Rules of Evidence

  • Committee organized to develop uniform Federal Rules of Evidence for federal courts; recounts history of Special Committee on Evidence and prior progress
June 28, 1965 Minutes Of The Sixth Meeting of the Standing Committee on Rules of Practice and Procedure

  • Progress Report: “Mr. Jenner, Chairman of the Advisory Committee on Rules of Evidence, gave a brief report concerning the work of the recently formed Committee and stated that Professor Cleary, Reporter for the Committee, had been granted a sabbatical of six months from the University of Illinois College of Law so that he might devote full time to the work of the Committee. The Committee had met in June and hopes to meet three times during the coming year. Mr. Jenner stated that the work of the Committee had begun and that it is the general estimate of the Committee that a period of three years will be necessary in which to complete its work.” Minutes, at 21.
July 12, 1965 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “Federal Rules of Evidence: The Advisory Committee on Rules of Evidence has been appointed and held its first meeting on June 18, 1965. Professor Edward W. Cleary, of the University of Illinois Law School, has been appointed reporter for the committee and has already begun his work. The work will, of course, take a good deal of time but a fruitful start has been made and we look forward to a most useful result.” Report, at 10.
Oct. 14-16, 1965 Minutes Of the Second Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including authentication evidence issues
  • “The Chief Justice addressed the members stating that he appreciated their willingness to undertake the very enormous task before them and he feels certain the Committee will make a great contribution in this field.” Minutes, at 2.
March 4, 1966 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “The Advisory Committee on Rules of Evidence is also hard at work at the task which has been assigned to it of preparing uniform rules of evidence for the district courts. This is like ... a very large project which will take a substantial period of time to complete.” Report, at 3.
  • Noting in the meantime that “on February 28, 1966 the Supreme Court adopted without change the proposals for the amendment of the Federal Rules of Civil Procedure.... The amendments were immediately transmitted by the Chief Justice to the Senate and House of Representatives and, in the absence of contrary action by the Congress, will go into effect on July 1, 1966, pursuant to the order of the Court.” Report, at 1.
Aug. 30, 1966 Letter of Edward W. Cleary, Reporter, to the Hon. Albert B. Maris, Chairman, Committee on Rules of Practice and Procedure, reporting on progress of the Advisory Committee on Rules of Evidence
Sept. 7, 1966 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “The Advisory Committee on Rules of Evidence is actively engaged in the work of formulating a draft of uniform rules of evidence for the federal district courts, a formidable task which will take some time to complete.” Report, at 4.
Sept. 29, 1966 Minutes Of the Sixth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 4-01 (relevant evidence), FRE 4-02 (relevant evidence generally), FRE 4-03 (determination of preliminary questions of relevancy), FRE 4-04 (exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time), FRE 4-05 (Character evidence not admissible to prove conduct; exceptions), FRE 4-06 (methods of proving character), FRE 4-07 (habit or customary conduct), FRE 4-08 (subsequent remedial measures), FRE 4-09 (compromise or offers to compromise), FRE 4-10 (payment of medical and similar expenses), FRE 4-11 (offer to plead guilty or withdrawn plea of guilty), FRE 4-12 (liability insurance), FRE 5-01 (general abolition of privileges not specifically granted), FRE 5-02 (constitutional privileges; self-incrimination, involuntary confession, evidence obtained unlawfully), FRE 5-03 (privilege against disclosures in contravention of Acts of Congress), FRE 5-04 (lawyer client privileges)
Dec. 19-21, 1966 Minutes Of the Seventh Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 5-04 (lawyer client privileges), (unnumbered) (physician-patient's privilege), FRE 5-05 (psychotherapist-patient privilege), FRE 5-06 (husband-wife privilege), FRE 5-07 (communication to clergymen), FRE 5-08 (religious beliefs or opinions), FRE 5-09 (political vote), FRE 5-10 (trade secret)
March 2-4, 1967 Minutes Of the Eighth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 5-11 (secret of state), FRE 5-12 (identity of informer), FRE 5-13 (waiver by previous disclosure), FRE 5-14 (inadmissibility of privileged matter disclosed under compulsion), FRE 5-15 (comment upon and inferences from exercise of privilege), FRE 5-16 (overruling claim of privilege as error), rejecting other privileges (official information privilege, journalist's privilege, grand jury privileges, accountant privilege), FRE 6-01 (general rule of competency), FRE 6-02 (general grounds for disqualification), FRE 6-03 (oath or affirmation), FRE 6-04 (interpreters), FRE 6-05 (competency of judge as witness), FRE 6-06 (competency of juror as witness)
March 13, 1967 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “The Advisory Committees on Bankruptcy Rules and on Rules of Evidence are continuing intensive work on their tasks of preparing comprehensive drafts of rules in their respective field. In each case there is still much work to be done before a draft is ready for submission to the bench and bar.” Report, at 2.
May 18-20, 1967 Minutes Of the Ninth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 6-06 (competency of juror as witness), FRE 6-07 (who may impeach), FRE 6-08 (impeachment by evidence of conviction of crime), FRE 6-09 (religious beliefs or opinions), FRE 6-10 (character of witness), FRE 6-11 (mode of interrogation subject to control by judge), FRE 6-12 (leading questions), FRE 6-13 (writing used to refresh memory), FRE 6-14 (scope of cross-examination), FRE 6-15 (prior statement of witness), FRE 6-16 (calling and interrogation by judge), FRE 6-17 (exclusion of witnesses)
July 6-8, 1967 Minutes Of the Tenth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 5-01 (privileges recognized only as provided), FRE 5-02 (determining existence of privilege), FRE 5-03 (lawyer-client privileges), FRE 5-04 (psychotherapist-patient privilege), FRE 5-05 (husband-wife privilege), FRE 5-06 (communication to clergymen), FRE 5-07 (political vote), FRE 5-08 (trade secret and similar confidential matters), FRE 5-09 (secret of state), FRE 5-10 (identity of informer), FRE 5-11 (waiver of privilege by voluntary disclosure), FRE 5-12 (inadmissibility of privileged matter disclosed under compulsion), FRE 5-13 (comment upon or inference from exercise of privilege; instruction), FRE 2-01 (judicial notice of adjudicative facts)
Sept. 12, 1967 Minutes Of The Standing Committee On Rules Of Practice And Procedure

  • Progress Report: “Judge Maris reported that the Advisory Committee on Rules of Evidence is continuing intensive work on its task of preparing a comprehensive draft of rules.” Minutes, at 14.
Sept. 12, 1967 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “The Advisory Committees on Bankruptcy Rules and on Rules of Evidence are continuing intensive work on their tasks of preparing comprehensive drafts of rules in their respective fields. In each case there is still much work-to be done before a draft is ready for submission to the bench and bar.” Report, at 3.
Oct. 9-11, 1967 Minutes Of the Eleventh Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 2-01 (judicial notice of adjudicative facts), FRE 6-01 (general rule of competency), FRE 6-02 (lack of personal knowledge), FRE 6-03 (oath or affirmation), FRE 6-04 (interpreters), FRE 6-05 (competency of judge as witness), FRE 6-06 (competency of juror as witness), FRE 6-07 (who may impeach), FRE 6-08 (impeachment by evidence of conviction of crime), FRE 6-09 (religious beliefs or opinions), FRE 6-10 (character of witness), FRE 6-11 (mode and order of interrogation and presentation; scope of cross-examination), FRE 6-12 (leading questions), FRE 6-12 (writing used to refresh memory) (renumbered), FRE 6-13 (prior statement of witness), FRE 6-14 (calling and interrogation of witnesses by judge), FRE 6-15 (exclusion and sequestration of witnesses), FRE 8-01 (definitions), FRE 8-01(c)(1) (testimony at hearing), FRE 8-01(c)(2) (declarant present at hearing), FRE 8-01(c)(3) (deposition), FRE 8-01(c)(4) (admission by party-opponent)
Dec. 14-15, 1967 Minutes of the Twelfth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 8-01(c)(4) (admission by party-opponent), FRE 8-02 (hearsay rule), FRE 8-03 (hearsay exceptions: declarant not unavailable), FRE 8-03(a) (general provisions), FRE 8-03(b)(1) (present sense impression), FRE 8-03(b)(2) (excited utterance), FRE 8-03(b)(3) (then existing mental, emotional or physical condition), FRE 8-03(b)(4) (statements for purpose of medical diagnosis or treatment), FRE 8-03(b)(5) (records of regularly conducted activity), FRE 8-03(b)(6) (absence of entry in records of regularly conducted activity), FRE 8-03(b)(7) (public records and reports), FRE 8-03(b)(8) (required reports), FRE 8-03(b)(9) (absence of public record or entry), FRE 8-03(b)(10) (records of religious organizations), FRE 8-03(b)(11) (marriage, baptismal, and similar certificates), FRE 8-03(b)(12) (family records), FRE 8-03(b)(13) (records of documents affecting an interest in property), FRE 8-03(b)(14) (statements in documents affecting an interest in property), FRE 8-03(b)(15) (statements In ancient documents), FRE 8-03(b)(16) (market reports, commercial publications), FRE 8-03(b)(17) (learned treatises), FRE 8-03(b)(18) (reputation concerning personal or family history), FRE 8-03(b)(19) (reputation concerning boundaries or general history), FRE 8-03(b)(20) (reputation as to character)
Jan. 31, 1968 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “[T]he Advisory Committee on Rules of Evidence is continuing intensive work, with frequent committee meetings, on the development of an adequate draft of uniform rules of evidence for the federal courts. However, this also is not yet completed.” Report, at 2.
March 7-9, 1968 Minutes of the Thirteenth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 8-03(b)(21) (recorded recollection), FRE 8-03(b)(22) (judgment of previous conviction), FRE 8-03(b)(23) (judgment against person seeking indemnity, contribution or exoneration), FRE 8-03(b)(24) (judgment as to boundaries and matters of history), FRE 8-04 (hearsay exceptions: declarant unavailable), FRE 8-04(b)(1) (former testimony), FRE 8-04(b)(2) (statement of recent perception), FRE 8-04(b)(3) (dying declarations), FRE 8-04(b)(4) (declarations against interest), FRE 8-01(c)(4)(iv) (definitions), FRE 8-04(b)(5) (statements of personal family or history), FRE 8-01(d) and FRE 8-04(a) (definition of unavailability), FRE 3-01 (presumption in criminal cases), FRE 3-01(c) (instructing the jury), FRE 3-02 (application of state law), FRE 3-03 (presumptions in other cases), FRE 1-01 (scope), FRE 1-01A (application of rules), FRE 1-01B (title), FRE 102 (purpose and construction), FRE 1-03 (undisputed matter), FRE 1-04 (rulings on evidence)
May 23-25, 1968 Minutes of the Fourteenth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 1-05 (evidence in open court), FRE 1-06 (preliminary questions of admissibility), FRE 1-07 (summing up and comment by judge), FRE 1-08 (exclusion of relevant evidence on grounds of prejudice, confusion or waste of time), FRE 1-09 (limited admissibility), FRE 1-10 (remainder of or related writings, statements or conversations), FRE 8-01 (definitions), FRE 8-01(a) (statement), FRE 8-01(b) (declarant), FRE 8-01(c) (hearsay), FRE 8-01(d)(1) (unavailability), FRE 8-01(d)(2) (persistent in refusing to testify), FRE 8-01(d)(3) (unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity), FRE 8-01(d)(4) (absent from the hearing and beyond the jurisdiction of the court), FRE 8-01(d)(5) (absent from the hearing and the proponent of his statement has exercised reasonable diligence but has been unable to procure his attendance by process), FRE 8-02 (hearsay rule), FRE 8-03(a) (hearsay exceptions), FRE 8-03(b) (illustrations), FRE 8-03(b)(1) (present sense impression), FRE 8-03(b)(2) (excited utterance), FRE 8-03(b)(3) (then existing mental, emotional or physical condition), FRE 8-03(b)(4) (statements for purpose of medical diagnosis or treatment), FRE 8-03(b)(5) (records of regularly conducted activity), FRE 8-03(b)(6) (absence of entry in records of regularly conducted activity), FRE 8-03(b)(7) (public records and reports), FRE 8-03(b)(8) (required reports), FRE 8-03(b)(9) (absence of public record or entry), FRE 8-03(b)(10) (records of religious organizations), FRE 8-03(b)(11) (marriage, baptismal, and similar certificates), FRE 8-03(b)(12) (family records), FRE 8-03(b)(13) (records of documents affecting an interest in property), FRE 8-03(b)(14) (statements in documents affecting an interest in property), FRE 8-03(b)(15) (statements In ancient documents), FRE 8-03(b)(16) (market reports, commercial publications), FRE 8-03(b)(17) (learned treatises), FRE 8-03(b)(18) (reputation concerning personal or family history), FRE 8-03(b)(19) (reputation concerning boundaries or general history), FRE 8-03(b)(20) (reputation as to character), FRE 8-03(b)(21) (recorded recollection), FRE 8-03(b)(22) (judgment of previous conviction), FRE 8-03(b)(23) (judgment as to personal, family, or general history, or boundaries), FRE 8-04(a) (general provisions), FRE 8-04(b) (illustrations), FRE 8-04(b)(1) (former testimony), FRE 8-04(b)(2) (statement of recent perception), FRE 8-04(b)(3) (statement under belief of impending death), FRE 8-04(b)(4) (statement against interest), FRE 8-04(b)(5) (statement of personal or family history), FRE 805 (hearsay within hearsay), FRE 806 (attacking and supporting credibility of declarant), FRE 1-01 (scope)
Aug. 8-10, 1968 Minutes of the Fifteenth Meeting of the Advisory Committee on Rules of Evidence

  • Committee reviews and considers preliminary draft Federal Rules of Evidence, including FRE 3-01 (presumptions), FRE 3-02 (applicability of state law), FRE 303 (presumptions in other cases), FRE 1-01 (scope), FRE 1-02 (purpose and construction), FRE 1-03 (effect of state rules), FRE 1-04 (rulings on evidence), FRE 1-05 (evidence in open court), FRE 1-06 (preliminary questions of admissibility), FRE 1-07 (summing up and comment by judge), FRE 1-08 (limited admissibility), FRE 1-09 (remainder of or related writings or recorded statements), FRE 2-01 (judicial notice of adjudicative facts), FRE 4-01 (definition of “relevant evidence”), FRE 4-02 (relevant evidence generally admissible, irrelevant evidence inadmissible), FRE 4-03 (exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time), FRE 4-04 (character evidence not admissible to prove conduct; exceptions), FRE 4-05 (methods of proving character), FRE 4-06 (habit; routine conduct), FRE 4-07 (subsequent remedial measures), FRE 4-08 (compromise and offers to compromise), FRE 4-09 (payment of medical and similar expenses), FRE 4-10 (offer to plead guilty; withdrawn plea of guilty), FRE 4-11 (insurance), FRE 5-01 (privileges recognized only as provided), FRE 5-02 (required reports privileged by statute), FRE 5-03 (lawyer-client privileges), FRE 5-04 (psychotherapist-patient privilege), FRE 5-05 (husband-wife privilege), FRE 5-06 (communications to clergymen), FRE 5-07 (political vote), FRE 5-08 (trade secrets), FRE 5-09 (secret of state), FRE 5-10 (identity of informer), FRE 5-11 (waiver of privilege by voluntary disclosure), FRE 5-12 (privileged matter disclosed under compulsion or without opportunity to claim privilege), FRE 5-13 (comment upon or inference from exercise of privilege; instruction), FRE 6-01 (general rule of competency), FRE 6-02 (lack of personal knowledge), FRE 6-03 (oath or affirmation), FRE 6-04 (interpreters), FRE 6-05 (competency of judge as witness), FRE 6-06 (competency of juror as witness), FRE 6-07 (who may impeach), FRE 6-08 (evidence of character and conduct of witness), FRE 6-09 (impeachment by evidence of conviction of crime), FRE 6-10 (religious beliefs or opinions), FRE 6-11 (mode and order of interrogation and presentation), FRE 6-12 (writing used to refresh memory), FRE 6-13 (prior statements of witness), FRE 6-14 (calling and interrogation of witnesses by judge), FRE 6-15 (exclusion and sequestration of witnesses)
Sept. 3, 1968 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “The Advisory Committee on Rules of Evidence is holding frequent meetings and is hard at work on the very large task assigned to it. Its tentative draft of uniform rules of evidence is nearing completion and it is hoped that the draft will be ready for publication and public discussion within the next six months.” Report, at 3.
Dec. 10, 1968 Minutes Of the Advisory Committee on Rules of Evidence

  • Committee reviews and concurs on draft Federal Rules of Evidence. See Minutes, at 5-45.
March 3, 1969 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “We are delighted to report that the Advisory Committee on Rules of Evidence has completed its preliminary draft of complete uniform rules of evidence for the federal courts which draft is now being printed by the Government Printing Office and will be distributed shortly to the bench and bar for comments and suggestions. This is a monumental work on which the committee and its able reporter have worked with the greated diligence and for which they are entitled to great credit.” Report, at 3.
July 17-19, 1969 Minutes Of The Standing Committee On Rules Of Practice And Procedure

  • Progress Report: “The Evidence Committee report is before the public. When the views of the public are received, the standing Committee will consider it.” Minutes, at 14.
Sept. 30, 1969 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “The preliminary draft of uniform rules of evidence for the federal courts which was circulated to the bench and bar in March l969 will be considered again by the Advisory Committee on Rules of Evidence after April 1970 when the comments and suggestions of the bench and bar will have been received. It is hoped that a definitive draft can be approved by the Advisory Committee in time to be considered by the Standing Committee in July and submitted to the Judicial Conference in September 1970.” Report, at 5.
Feb. 20, 1970 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “Comments and suggestions from the bench and bar with respect to the draft of uniform rules of evidence for the federal courts which our committee circulated in March 1969 are due to come in not later than April 1, 1970. After careful consideration of these suggestions by the Advisory Committee on Rules of Evidence our committee hopes to be able to report a definitive draft of uniform rules of evidence to the Conference in September 1970.” Report, at 3.
May 21, 26, 1970 Minutes Of the Advisory Committee on Rules of Evidence

  • Committee agrees on number system for proposed FRE; Committee considers draft FRE 101 to FRE 410
Oct. 12, 1970 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Committee submits draft Federal Rules of Evidence to the Judicial Conference
  • Report notes the years and effort in drafting the proposed rules.
November 1970 Judicial Conference of the United States transmits draft Federal Rules of Evidence to the U.S. Supreme Court, as noted in Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States (March 3, 1971)
March 3, 1971 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: Committee notes that the draft Federal Rules of Evidence was transmitted to the Supreme Court in November 1970 which the Court returned for publication and study in light of anticipated. The standing committee will arrange for publishing the November 1970 draft rules for further comment and hopes to submit a revised draft in October 1971 to the Judicial Conference.
Sept. 30, & Oct. 1, 1971 Minutes Of The Standing Committee On Rules Of Practice And Procedure

  • Committee considers proposed FRE
Oct. 13, 1971 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: Committee reports that the draft Federal Rules of Evidence was republished and comments were received. The revision is attached and recommended for approval by the Judicial Conference and transmitted to the U.S. Supreme Court.
March 17-18, 1972 Minutes Of The Standing Committee On Rules Of Practice And Procedure

  • After reviewing and approving proposed FRE, the committee “requested the Chairman to forward a letter to the Chief Justice with the recommendations of the Committee”
Nov. 20, 1972 Supreme Court prescribes the Federal Rules of Evidence, which shall take effect July 1, 1973, pursuant to 18 U.S.C. §§ 3402, 3771, 3772, and 28 U.S.C. §§ 2072, 2075. See H. Doc. 46, 93rd Cong., 1st Sess. (v) (1973); Order of Nov. 20, 1972, 56 F.R.D. 183 (S. Ct. 1972); see also Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States, at 4 (March 16, 1973) (reporting that the Supreme Court prescribed the Federal Rules of Evidence).
Feb. 5, 1973 Chief Justice submits proposed Federal Rules of Evidence to Congress, based on review and drafting of judicial committees and recommendation of the U.S. Judicial Conference. See 409 U.S. 1132 (1973); 119 Cong. Rec. 3247 (Feb. 5, 1973) (Exec. Comm. 359); H. Doc. 46, 93rd Cong., 1st Sess. (1973); See also Public Law No. 93–12, 87 Stat. 9 (March 30, 1973) (providing that the proposed rules “shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by Act of Congress”); Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States, at 4 (March 16, 1973) (reporting that the Supreme Court forwarded the rules to Congress).
March 16, 1973 Report of the Committee On Rules of Practice and Procedure to the Judicial Conference of the United States

  • Progress Report: “The Federal Rules of Evidence approved by the Judicial Conference were promulgated by the Supreme Court on November 20, 1972 and forwarded to the Congress on February 5, 197[3]. They are now under detailed study by a special Subcommittee on Reform of Federal Criminal Laws of the House of Representatives.” Report, at 4.
March 30, 1973 In order to provide for time for congressional review, Pub. Law No. 93–12, 87 Stat. 9 (March 30, 1973) is enacted, providing that the proposed rules “shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by Act of Congress”.
Aug. 20, 1973 Minutes Of The Standing Committee On Rules Of Practice And Procedure

  • The committee considered the comments submitted by the standing committee and the Advisory Committee on Rules of Evidence on amendments proposed by the House Judiciary Subcommittee on Criminal Justice in H.R.5463, 93d Cong., lst Sess., which were approved and authorized for release to the Subcommittee. See Minutes, 5-6.
1975 Advisory Committee on Rules of Evidence is discharged from further responsibilities after its contributions to the FRE. See Report of the Judicial Conference, Committee on Rules of Practice and Procedure, 2-3 (Sept. 1992).
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