Evidence and the New Federal Rules of Civil Procedure: 2

Abstract

IN DRAFTING the new rules for civil procedure in the federal courts the Supreme Court's committee has dealt sparingly with the law of evidence. Rule 44 as set out in the committee's report is designed primarily to clear up the confusion which has existed heretofore with regard to the applicability of state rules of evidence in the federal courts and to avoid any further confusion which might arise from the union of law and equity under the new rules. Of the several possible methods of treating these problems, that chosen by the committee is, it is submitted, best adapted to the situation. A thorough-going revision of the law of evidence resulting in a code which is substantially complete probably is not desirable in any case, certainly not in this. A single general rule, such as one requiring conformity to state law on all matters of evidence, would aid in alleviating the confusion; but to adopt a rule of this nature would be to lose an excellent opportunity for eliminating some of the worst features of the present law of evidence. The alternative followed by the committee is to propose a few rules for specific instances and a general one to cover the great body of evidence questions.