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Rules of Practice and Procedure: Video Tutorials
Amendments to the Federal Rules of Practice and Procedure: Evidence 2019—The Residual Hearsay Exception
January 7, 2020 (Video)
In 2019, the residual hearsay exception, Federal Rules of Evidence 807, was amended to fix a number of problems that courts had encountered applying the rule. Hearsay is generally not admissible evidence because the speaker is not subject to examination or cross-examination to determine accuracy or truthfulness. But there are several enumerated exceptions to the general rule, as well as a residual exception for hearsay that does not satisfy an enumerated exception, but that has "sufficient guarantees of trustworthiness." Amendments include a required consideration of corroboration and changes to the notice requirements.
Amendments to the Federal Rules of Practice and Procedure: Evidence 2017—Self-Authenticating Electronic Evidence
December 1, 2017 (Video)
Federal Rules of Evidence 902(13) and 902(14), which became effective on December 1, 2017, provide for the self-authentication of electronic evidence. Under these rules, electronic evidence can be authenticated by certification instead of by testimony. Rule 902(13) applies to electronic evidence such as computer files, social media posts, and smart device data. Rule 902(14) applies to electronic copies.
Introduction to the Mandatory Initial Discovery Pilot
Paul W. Grimm
April 6, 2017 (Video)
The Mandatory Initial Discovery Pilot Project requires exchanges of discovery in participating courts before the commencement of discovery requests. Parties in covered civil cases are required to disclose both favorable and unfavorable information that is relevant to their claims or defenses, regardless of whether they intend to use the information in the case. The goal of the pilot project is to promote the goals of Federal Rule of Civil Procedure 1: "the just, speedy, and inexpensive determination of every action."
Mandatory Initial Discovery Pilot: A Discussion of Practice and Effects
Dawn Bergin, Mark Brain, John Rea, David G. Campbell, David B. Rosenbaum, and Patrick J. McGroder
April 6, 2017 (Video)
Judge David Campbell (D. Ariz.) chairs a panel discussion that includes three Arizona state judges and two attorneys practicing in Arizona state courts. The experts in Arizona state court civil litigation discuss the effect of discovery rules like the pilot project rules in Arizona state court litigation. Panelists observe that the idea is to get both good and bad facts on the table early in the case so that lawyers can promptly litigate the case.
Amendments to the Federal Rules of Practice and Procedure: Civil Rules 2015
David G. Campbell, Gene E.K. Pratter, John George Koeltl, and Paul W. Grimm
December 1, 2015 (Videos)
In five short videos, federal district judges describe the December 1, 2015, amendments to the Federal Rules of Civil Procedure, amendments intended to make civil discovery more efficient without depriving parties of proof or defense: "Overview," "Cooperation," "Proportional Discovery," "Early and Active Case Management," and "Failure to Preserve Electronically Stored Information."