In a time when witnesses are called for what they know or have observed, limited only by relevance and probative value, the voucher rule remains anachronism, an Appellate Division, Second Department ...

It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they ...

The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which ...

Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. Instead, they were ...

An expert Q&A on proposed Rule 707 of the Federal Rules of Evidence (FRE) and key issues when handling AI-generated evidence and AI-enhanced evidence in federal court. Judge Grimm is the David F. Levi ...

Exceptions to the Rule Against Hearsay Because of the difficulty of having a witness located abroad appear to testify at a trial in the US, counsel may have to rely on materials constituting hearsay ...

“[S]ome courts appear to be abdicating their charge under the Federal Rules of Evidence and Daubert and its progeny to make the hard call on admissibility. The end result … is to relegate to the jury ...

The overriding goal of the Federal Rules of Evidence is to ensure fairness. As noted in Rule 102, the rules are to be “construed so as to administer every proceeding fairly, eliminate unjustifiable ...

During the 2026 session, Utah's legislature amended Utah's rules of evidence, adding a new provision (subsection 404(d)). The new ...