The Case Of The Missing Rule Amendment?

As the Standing Committee on Rules of Practice and Procedure went into its June 9-10, 2008, meeting, it was to consider a recommendation from the Advisory Committee on Evidence Rules to amend FRE 804(b)(3).

Under the proposal, the corroborating circumstances requirement of FRE 804(b)(3) would apply to statements against penal interest offered by the prosecution - a change from the current requirement that only the "accused" need to show corroborating circumstances. But the latest report of the results of the Standing Committee meeting is silent about the fate of the proposed FRE 804(b)(3) amendment.

The only reported action by the Standing Committee was to approve publishing for public comment "restyled evidence Rules 101-415" with the actual publication to occur when the entire Federal Rules of Evidence has been restyled. It is not clear what, if anything, happened to the proposed amendment to FRE 804(b)(3).Read more

Federal Rules of Evidence
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