NCJ Number
59959
Journal
Cleveland State Law Review Volume: 27 Issue: 2 Dated: (1978) Pages: 173-194
Date Published
1978
Length
22 pages
Annotation
ATTORNEYS INCREASED USE OF THE FEDERAL RULES OF EVIDENCE IS ADVOCATED IN ORDER TO PROVIDE MORE EFFICIENT TRIAL AND APPELLATE COURTS, BETTER LAWYERING, AND EQUAL JUSTICE.
Abstract
EVEN AMONG THOSE LAWYERS WHO HAVE BUILT A REPUTATION FOR CARE AND SKILL IN ADVOCACY, THE PRE-1975 FEDERAL RULES OF EVIDENCE ARE RELIED UPON TO THE EXCLUSION OF THE POST-1975 RULES. MUCH THAT COULD BE DONE WITH THE NEW RULES IS MISSED, AND MUCH OF WHAT THE RULES SAY SHOULD NOT HAPPEN OCCURS ANYWAY. THIS RESULTS FROM THE FACT THAT LAWYERS ARE NOT SUFFICIENTLY FAMILIAR WITH ALL OF THE NEW PROVISIONS. A REVIEW OF THE DEVELOPMENT OF THE RULES INDICATES THAT THEIR SIGNIFICANCE LIES IN THEIR ORIGIN. THEY WERE PRODUCED BY THE JUDGES WHO WOULD HAVE TO USE THEM AND THEREFORE, DID NOT REQUIRE THE SELLING ELEMENT. EASY ACCESS TO THE STANDARDIZED PROVISIONS ALSO ENCOURAGES THEIR USE BY TRIAL LAWYERS AND SIMPLIFIES THE INSTRUCTION OF LAW STUDENTS. THE VERY EXISTENCE OF THE RULES HAS COMPELLED DISCUSSION AMONG JUDGES CONCERNING THE APPLICABILITY OF PROVISIONS AND THE DEVELOPMENT OF THE LAW. HAVING A SET ANSWER TO POINTS OF THE LAW AVOIDS CONTINUAL LITIGATION ON REPETITIVE POINTS, AND INDICATES THE PARAMETERS OF LITIGATION MORE CLEARLY THAN THE COMMON LAW. THE STANDARDIZATION OF EVIDENCE PROVISIONS SERVES THE ENDS OF JUSTICE BY PREVENTING THE DIFFERING OUTCOMES OF SIMILAR CASES, AS OCCURED IN THE ERA OF VARYING SETS OF RULES. APPLICATION OF THE RULES AND PERTINENT CASE LAW IS EXAMINED; FOOTNOTES ARE PROVIDED. (TWK).