§ 1.04 FEDERAL RULES OF EVIDENCE

• Jurisdiction: North Carolina

§ 1.04. FEDERAL RULES OF EVIDENCE

Before the Federal Rules were enacted in 1975, evidence law was basically a common law subject. There were, of course, a few exceptions; the law of privilege was mostly statutory, and many jurisdictions had codified hearsay exceptions for business and official records.

Several prior efforts at codification had been attempted. In 1942, the American Law Institute promulgated the Model Code of Evidence.⁵¹ It, however, was considered so radical by the practicing bar that it was never adopted by any state. In 1953, the Commissioners on Uniform State Laws promulgated the Uniform Rules of Evidence.⁵² Although not as innovative as the Model Rules, only a few jurisdictions adopted the Uniform Rules. In 1967, California ventured out on its own and enacted an Evidence Code, which continues to this day.

[A] Drafting the Rules

In 1961, a committee appointed by Chief Justice Earl Warren recommended the adoption of uniform Federal Rules of Evidence.⁵³ Following the recommendation of this committee, the Chief Justice appointed an Advisory Committee to draft the Federal Rules in 1965.⁵⁴ The Advisory Committee published a preliminary draft in 1969⁵⁵ and a revised draft in 1971.⁵⁶ The Supreme Court promulgated the Federal Rules in November 1972 and transmitted them to Congress in February 1973.⁵⁷

[B] Congressional Intervention

Congress reacted by enacting legislation that deferred the effective date of the Federal Rules,⁵⁸ and both the House and Senate Judiciary Committees held extensive hearing on the rules.⁵⁹ In 1975, the Federal Rules emerged from Congress in statutory form.⁶⁰ Congress had amended the Court-promulgated rules in a number of significant respects.⁶¹ The legislative history of these amendments is found in the various committee reports⁶² and in the Congressional Record.⁶³

[C] Amendment of the Rules

The Federal Rules have been amended numerous times since their adoption. There are two ways in which the Rules may be amended: (1) by an act of Congress, and (2) by the Supreme Court through its statutory rulemaking authority, which is subject to congressional supervision. Both vehicles have been used to make amendments.⁶⁴

In 2011, the Supreme Court issued "restyled" Rules of Evidence. Restyling was intended to make the Federal Rules more easily understood and to make style and terminology consistent. These changes were not substantive — i.e., they were not intended to change any result in any ruling on evidence admissibility.

[D]...