§ 1.10 Key Points

• Jurisdiction: North Carolina

§ 1.10 Key Points

The Federal Rules of Evidence were enacted in 1975, and over forty-five jurisdictions, including the military, have rules patterned after the Federal Rules. As a federal statute not intended to preempt state law, the Federal Rules are not binding on the states. Thus, a state court is not required to interpret a state evidence rule, even one identical to its federal counterpart, in the same way that the federal rule is construed.

The paramount goal of a trial is truth-seeking (accurate fact-finding), but that is not the only goal. The law of privileges, for example, precludes the admissibility of evidence that may be both relevant and reliable. Even when the ascertainment of truth is the goal, how to achieve that goal is often a matter about which reasonable people may disagree. Here, the federal drafters adopted several guiding principles. First, the Federal Rules are biased in favor of admissibility. The drafters believed that juries are capable of dealing with most types of evidence and would reach better decisions with more, rather than less, information. Another theme is judicial discretion. Although many trial lawyers want fixed rules, which they argue are predictable, the drafters believed that too many contingencies can arise, and therefore the trial judge must be given some leeway to address admissibility issues in the context of a particular trial.

Civil and criminal cases. Although the Rules of Evidence apply to both criminal and civil cases, a number of rules recognize a distinction between civil and criminal trials—explicitly or by implication. Moreover, a number of rules, due to their subject matter, apply only in civil cases—for example, Rule 407 (subsequent remedial measures), and Rule 411 (liability insurance). Further differences in applicability in criminal and civil proceedings arise due to constitutional principles—e.g., the right of confrontation.

Bench trials. The Rules of Evidence apply in bench trials as well as in jury trials. Yet...