Weinstein's Federal Evidence, Restyled Federal Rules of Evidence Pamphlet Released

Weinstein's Federal Evidence, Restyled Federal Rules of Evidence Pamphlet Released

A new pamphlet, Weinstein's Federal Evidence, Restyled Federal Rules of Evidence, has been released. This pamphlet addresses the extensive style amendments to the Federal Rules of Evidence that took effect on December 1. The Style changes are illustrated with a side-by-side comparison. As an exclusive feature to Lexis, the pamphlet features commentary by Professor Daniel J. Capra, who, in his capacity as Reporter to the Judicial Conference Advisory Committee on the Federal Rules of Evidence, played a key role in the amendments' drafting process.

On lexis.com, the pamphlet is presented as a special alert within the treatise Weinstein's Federal Evidence.  In addition, Professor Capra's original commentary in the pamphlet is reproduced in a new Emerging Issues Analysis, at 2011 Emerging Issues 5875.

It is critical that federal practitioners stay on top of these rule amendments for the following reasons:

  • Attorneys risk citing the wrong provisions if they rely on the pre-12/1/11 rules.

-      Example: What was covered in Rule 103(d) will be covered in Rule 103(e).

  • Attorneys risk relying on or quoting superseded rule language if they rely on the pre-12/1/11 rules.

-      For example, in Rule 303, the phrase "civil actions and proceedings" has been streamlined to "civil case".

  • The rule changes help clarify the law.

-       For example, for Rule 801(c), the rule defining hearsay, the existing rule says that a statement is hearsay if offered for the "truth of the matter asserted".  One might ask "asserted where"?  The Restyled Rule answers that the focus on is on the proffered out-of-court statement and what is asserted in that statement.

To find out more, click on the link below to be redirected to the Lexis Law Community Page or ask your representative for more information:  http://www.lexisnexis.com/community/litigationresourcecenter/blogs/litigationblog/archive/2011/11/16/restyled-federal-rules-of-evidence-take-effect-dec-1.aspx

 Happy Researching!