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FRE Applicability, Purpose, Construction, & Amendments

by: John Gattuso

FRE Applicability, Purpose, Construction, & Amendments Law 718

Marketplace > Law > Law 718 > FRE Applicability Purpose Construction Amendments
John Gattuso

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About this Document

This is the combined class and reading notes for FRE chapters 101, 102, 1101, and 1102
Class Notes
FRE Applicability, purpose, Construction, & Amendments
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This 4 page Class Notes was uploaded by John Gattuso on Wednesday September 9, 2015. The Class Notes belongs to Law 718 at a university taught by Kelder in Fall 2015. Since its upload, it has received 18 views.


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Date Created: 09/09/15
FRE Applicability Purpose Construction amp Am e n d m e n ts Wednesday August 26 2015 758 AM Chapter 101 Rule 101 Scope Definitions a Scope These rules apply to proceedings in US courts listed in Rule 1101 b Definitions 1 Civil case civil action or proceeding 2 Criminal case criminal proceeding 3 Public Office includes a public agency 4 Record includes memorandum report or data compilation 5 Rule prescribed by the Supreme Court a rule adopted by the Supreme Court under statutory authority 6 References to any kind of written material or other medium include electronically stored information 1011 General Applicability Rules of evidence apply in both civil and criminal and jury and bench trials Chapter 102 Rule 102 Purpose Rules should be construed to administer every proceeding Fairly Eliminate unjustifiable expense and delay Promote development of evidence law To the end of ascertaining the truth and securing just determination 1021 In General Allows courts limited power to supplement rules of evidence through case law to ensure growth and refinement of rules in order that truth and fair results may be reached Must be allowed discretion in order to conform with modernized forms of communication and interaction between people 1022 Interpretation and Construction Method for interpreting FRE is a subject open debate Plain Meaning Approach the plain language of a rule controls the interpretation of it Followed unless the result would be absurd or unconstitutional Green V Bock Laundry Moderate Textualist Approach plain language controls unless the result would be absurd or unconstitutional allows for limited inquiry into legislative history if legislatures intended different meaning than that meaning will prevail Plain meaning is typically chosen even in the face of strong common law tradition to the contrary Rule 102 only affords leniency in construing ambiguous rule not in dismissing clear rules and making exceptions on a case by case basis Carlisle v US Court is willing to use legal history or policy in adopting interpretations of rules that supplement or go beyond the literal terms of their plain language if the plain meaning is not apparent from such language ambiguous Tome v US Where there is ambiguity in the rule courts can resort to those rules of the law to preserve it and interpret it the way a reasonable person would have done Chapter 1101 Rule 1101 Applicability of the Rules a To courts and judges These rules apply to proceedings before US district courts US bankruptcy and magistrates courts US court of appeals US court of federal claims District court of Guam Virgin Islands and Northern Mariana Islands b To Case Proceedings These rules apply in civil cases and proceedings including bankruptcy admiralty and maritime cases criminal cases and proceedings contempt proceedings except those in which the court may act summarily c Rules on Privilege Apply to all stages of a case or proceeding d Exceptions These rules except for those on privilege do no apply to the following the court s determination under Rule 104a on a preliminary question of fact governing admissibility grandjury proceedings miscellaneous proceedings extradition or rendition issuing arrest warrant criminal summons or search warrant preliminary examination in criminal case sentencing granting or revoking probation or supervised release considering whether to release on bail or otherwise e Other statutes and rules Federal statute or rule by the Supreme Court may provide for admitting or excluding evidence independently from these rules 11011 Rule 1101 a and b Scope 1101 b contemplates unitary system but there are certain rules that distinguish between criminal and civil cases State evidentiary rules may also apply 11012 Proceedings in contempt of court Rules are inapplicable when contempt is committed within the view or presence of the court or so near as to disturb its proceeding and impair respect for its authority direct contempt obstreperous or disrespectful conduct occurring in presence of the court 0 Presence wherever anyone of courts constituent parts is engaged in activity of judiciary O Idea is that the judge is the evidence since he has witnessed the direct contempt 11013 Privileges 1 1014 Admissibility Determinations Exempts proceedings where rules would be over burdensome or counterproductive 11015 Grand juries and miscellaneous criminal proceedings Purpose of grand jury is to make preliminary determination of whether there exists reasonable cause to believe accused engaged in conduct and that conduct is against the law a determination to be made regardless of the evidence to be admitted at trial therefore FRE don t apply here 1 1016 Rules 1101e Scope Act of Congress or rule by Supreme Court may ID grounds for admission or exclusion of evidence independently of the FRE Rationale for exemptions Application of FRE would be overly burdensome or contrary to the nature of the listed proceedings Chapter 1102 Rule 1102 Amendments These rules may be amended as provided in 28 USC 2072 11021 Rule 1102 in General the procedure established in 28 USC 2072 and 2074 28 USC 2072 a Supreme Court has the power to prescribe general rules of practice procedure and evidence for cases in US district courts and court of appeals b Rules cant abridge enlarge or modify any substantive right All laws in conflict with such rules shall be abandon after rules have taken effect c Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title 28 USC 2074 a The Supreme Court must give Congress a copy no later than May 1St of year in which rule is prescribed under 207 2 Such rule takes effect no earlier than December 1st of that year unless otherwise provided by law Supreme Court may fix extent to which rule applies to pending proceedings except they cannot require the application of the rule to further pending proceedings that in the opinion of the court where the proceeding is pending the application of the rule would not be feasible or work an injustice in which case the former rule will apply b Any such rule creating abolishing or modifying an evidentiary privilege shall have no effect until passed by Congress


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