1975 Legislative History Page (FRE 801(d)(1)(C))

Federal Rules Of Evidence –
1975 Amendment Adding
Fed. R. Evid. 801(d)(1)(C)(Prior Identification)


In 1975, the Federal Rules of Evidence were enacted. See Pub. L. No. 93-595, 88 Stat. 1929. For more information concerning the original enactment of the FRE, see 1975 FRE Original Enactment Legislative History.

In 1975, Congress amended the recently enacted FRE to add FRE 801(d)(1)(C). See Pub. L. No. 94-113, 89 Stat. 576. The amendment became effective on October 31, 1975.

FRE 801(d)(1)(C) provides that a statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is one of identification of a person made after perceiving him.

For some cases discussing the legislative history of FRE 801(d)(1)(C), see:

  • United States v. Lewis, 565 F.2d 1248, 1253 (2d Cir. 1977) (admitting bank customer identification of defendant from photographs after armed bank robbery under FRE 801(d)(C); discussing legislative history), cert. denied, 435 U.S. 973 (1978), cert. denied, 435 U.S. 973 (1978)
  • See also United States v. Elemy, 656 F.2d 507, 508 (9th Cir. 1981) (citing legislative history; FBI agent testified about bank employee’s identification of bank robber)

Congressional Timeline

The timeline of the congressional action is indicated below:

Date Congressional Action
April 29, 1975 Senator Philip A. Hart, introduced S. 1549, 94th Cong., 1st Sess., which is referred to the Senate Judiciary Committee; Title: A bill to amend the Federal Rules of Evidence. See 121 Cong. Rec. 1283-84 (April 29, 1975).
June 18, 1975 Senate Judiciary Committee reports measure to Senate. See Sen. Rep. No. 199, 94th Cong., 1st Sess. (1975), reprinted in 1975 U.S. Code Cong. & Admin. News 1092.
June 19, 1975 Measure approved in the Senate. See 121 Cong. Rec. 19752-53 (June 19, 1975).
July 14, 1975 House Judiciary Committee reports measure to House. See H. Rep. No. 355, 94th Cong., 1st Sess. (1975).
Oct. 6, 1975 Measure approved in House after amendments. See 121 Cong. Rec. 31866-67 (Oct. 6, 1975).
Oct. 7, 1975 Senate agrees to House amendments and measure is cleared for the White House. See 121 Cong. Rec. 32033 (Oct. 7, 1975).
Oct. 8, 1975 Measure is enrolled in the House and Senate and presented to the President. See 121 Cong. Rec. 32178-79 (Oct. 8, 1975).
Oct. 16, 1975 Signed by the President. See Pub. L. No. 94-113, 89 Stat. 576.

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