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The Texas Rules Of Evidence: Something Old, Something New, And Something Changed, David A. Schlueter
The Texas Rules Of Evidence: Something Old, Something New, And Something Changed, David A. Schlueter
Faculty Articles
On November 19, 2014, the Texas Supreme Court issued an Order amending all of the Texas Rules of Evidence, effective April 1, 2015. In its Order, the Court explained that the amendments were part of an effort to “restyle” the Rules, to make them as consistent as possible with the Federal Rules of Evidence, and to make them easier to understand.
The 2015 amendments to the Texas Rules of Evidence are a commendable step toward making the Rules more user-friendly. It is clear to even the casual reader that the reformatting of the Rules, through the use of consistent and …
Saving An Old Friend From Extinction: A Proposal To Amend Rather Than To Abrogate The Ancient Documents Hearsay Exception, Peter Nicolas
Saving An Old Friend From Extinction: A Proposal To Amend Rather Than To Abrogate The Ancient Documents Hearsay Exception, Peter Nicolas
Articles
This Essay critically assesses a pending, proposed amendment to the Federal Rules of Evidence—slated to take effect in December 2017—that would abrogate Federal Rule of Evidence 803(16), the hearsay exception for ancient documents. The proposed amendment was motivated largely by a fear that large quantities of potentially unreliable, stockpiled, electronically stored information (ESI) are approaching the threshold age for being deemed "ancient" and could thus be swept into evidence via the exception.
In Part I of this Essay, I provide an overview of the proposed amendment. In Part II, I contend that although the proposal is a well-intentioned effort to …