2024 Amendments to the Federal Rules of Evidence: New Rule 107, Illustrative Aids, Summaries, and Hearsay Exceptions
Understanding the Amendments, Updating Best Trial Practices, and Avoiding Potential Pitfalls From Unanswered Questions
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, February 18, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer guidance on the 2024 amendments to the Federal Rules of Evidence (613, 801, 804, and 1006), paying particular attention to new FRE 107. The program will review what the amendments say and do, discuss what adjustments trial attorneys will need and want to make, and offer insights into avoiding potential pitfalls caused by unanswered questions.
Professor Miller is the creator and Blog Editor of EvidenceProf Blog, which addresses recent developments in Evidence precedent, legislation, and scholarship. His areas of expertise include Evidence, Criminal Law and Procedure, and Civil Procedure.
Ms. Fradette is a complex civil litigator who represents clients in all areas of trial litigation. Her experience broadly ranges from pre-complaint analysis through trial, with a particular focus on hearings, trial, depositions, and expert testimony.
Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases of litigation, including first-chairing jury and bench trials in state and federal courts and arguing appeals. He is co-author of the book Expert Witnesses: Products Liability Cases (West 2009), an in-depth guide to expert witness development in all types of product liability and mass tort matters, including pharmaceutical, toxic torts, automotive, industrial accidents and children's and consumer products.
The biggest change brought about by the amendments, effective Dec. 1, 2024, is the new FRE 107. Rule 107 states that "illustrative aids" that merely help the jury understand evidence are not themselves evidence and should not be sent into jury deliberations. It also incorporates a utility-undue prejudice balancing test. Rule 107, however, does not assist counsel in determining whether a particular item is in fact substantive evidence or just an illustrative aid. The rule leaves many questions unanswered and the distinction has a significant impact on discovery, notice obligations, and how much judicial scrutiny an "aid" receives before the jury can see it.
Amended FRE 1006 acknowledges that a summary of otherwise admissible but voluminous documents is itself admissible evidence governed by Rule 1006, while an illustrative summary that merely helps the trier of fact to understand admissible evidence is not admissible but governed by new Rule 107. Amended FRE 613(b) changes the logistics of introducing extrinsic evidence of prior inconsistent statements. Amendments to FRE 801(d)(2) and 804(b)(3) clarify and expand certain hearsay exemptions.
Listen as this panel of experienced litigators guides counsel through the Dec. 1, 2024, amendments to the Federal Rules of Evidence and identifies new issues to consider.
- New Rule 107
- Role of visual aids at trial
- Discovery
- Juror access
- Governing standards
- Distinguishing between an illustrative aid and demonstrative evidence
- Key issues
- Other amendments
- FRE 1006
- FRE 613(b)
- Hearsay exceptions: FRE 801(d)(2) and 804(b)(3)
The panel will review these and other key issues:
- Factors that distinguish an illustrative aid under FRE 107 and demonstrative evidence
- Impact of amendments to FRE 801 on bankruptcy trustees, receivers, and other representative parties
- Ways to ensure that juries do not rely on illustrative aids for improper purposes
