Rule Changes Effective Dec. 1, 2024

The following amendments to the Federal Rules of Evidence will be effective December 1, 2024:

Changes to Evidence Rules

• *NEW* FRE 107 (illustrative aids)
  This new rule distinguishes illustrative aids from demonstrative evidence and allows them to be used at trial after the court balances the utility of the aid against the risk of unfair prejudice, confusion, and delay. The illustrative aid is not provided to the jury during deliberations unless all parties agree or the court, for good cause, orders otherwise.  An illustrative aid must be entered into the record when practicable.

• FRE 1006 (summaries to prove content)
  
  This amendment resolves a circuit split and provides that summaries of voluminous evidence are admissible regardless of whether the underlying evidence has been submitted. The updated rule also distinguishes voluminous summaries, which are evidence, from illustrative aids, which are not evidence but are designed to help the trier of fact understand admissible evidence.  

• FRE 613 (witness's prior statement) 
  Provides that extrinsic evidence of a prior inconsistent statement is not admissible until the witness is given an opportunity to explain or deny the statement, unless the court orders otherwise. 

• FRE 801(d)(2) (exclusions from hearsay)
  Resolves another circuit split about the admissibility of statements by the predecessor-in-interest of a party-opponent, providing that a hearsay statement is admissible against the declarant’s successor-in-interest. 

• FRE 804(b)(3) (unavailable declarant)
  Requires courts to assess whether a proponent of a statement-against-interest made by an unavailable declarant is supported by “corroborating circumstances that clearly indicate the trustworthiness” by considering the totality of the circumstances under which the statement was made and any evidence supporting or undermining it. 

Other Rule Changes

• FRAP 35 & 40 (en banc determination; panel rehearing)
  Clarifies the distinct criteria for rehearing en banc and panel rehearing. Also, portions of Rules 35 and 40 relating to the forms of briefs and appendices were transferred to Rules 32 and the Appendix of Length Limits to eliminate redundancy. 

• FRCP 12 (time to serve responsive pleadings)
  Clarifies that a different time to serve responsive pleadings that is set by a statute will supersede the times set by paragraphs (1), (2), and (3) of Rule 12.  

Please contact Sue Steinman (susan.steinman@justice.org)
or Kaiya Lyons (kaiya.lyons@justice.org) for more information.