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Federal Rules of Evidence

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December 1, 2017

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.

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November 15, 2017
Elizabeth C. Wiggins

This guide on the use of distance participation (DP) technology to conduct bankruptcy hear­ings and trials provides an overview of general considerations, ranging from philo­sophical to practical, and then examines separately the use of the teleconferencing and videoconferencing. Each district, and indeed each judge, must decide whether to use DP technology, and if so, how to use it.

April 27, 2017

This package of materials was transmitted to Congress on April 27, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

Amendments to the Federal Rules of Practice and Procedure are as follows:

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December 8, 2016

This package of materials was transmitted to the U.S. Supreme Court on September 28, 2016, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

Proposed are amendments to Federal Rules of Bankruptcy Procedure 1001, 1006(b), and 1015(b) and amendments to Federal Rules of Evidence 803(16) and 902.

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September 28, 2016
Jefri Wood

This manual provides a practical guide to steps that courts can take before and during litigation to manage nonprisoner pro se litigation more efficiently, steps that may also help pro se litigants better navigate the complexities of federal civil litigation. Part I discusses the concept of procedural fairness and the goal of increasing access to justice; it also addresses some of the potential ethical concerns about providing assistance to pro se litigants.

June 27, 2016

These packages of materials was transmitted to the Judicial Conference, and they include proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2017.

Proposed amendments to the Federal Rules of Practice and Procedure in a September 2016 transmittal are as follows:

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March 5, 2016
Timothy T. Lau

This review of scientific literature regarding the reliability of present sense impressions and excited utterances as it pertains to the Federal Rules of Evidence was presented as a memorandum to the Advisory Committee on Rules of Evidence.

December 1, 2015
David G. Campbell

Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2015, respond to findings that early intervention by judges helps to narrow issues and reduce discovery. Litigation results are more satisfactory when a judge actively manages a case from the beginning and stays involved. The amendments do not break new ground; they emphasize the importance of early, hands-on, and continuing case management. The times for service of a complaint and the time for holding an initial case-management conference are reduced.

May 21, 2012
Barbara J. Rothstein, Ronald J. Hedges, Elizabeth C. Wiggins

This second-edition pocket guide helps federal judges manage the discovery of electronically stored information (ESI).

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March 2, 2012
Tim Reagan, Margaret S. Williams

This report was prepared for the Advisory Committee on the Federal Rules of Evidence. Under the current version of Fed. R. Evid. 801(d)(1)(B), prior consistent statements are admissible for their substance as well as for their rehabilitation only if they rebut recent fabrication because they occurred before the fabrication motive. If a prior consistent statement is admissible for credibility but not admissible for substance, the opposing party is entitled to a jury instruction.

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