Understanding the 2024 Amendments to the Federal Rules of Evidence

BY PAMELA LANGHAM, ESQ.

These amendments reflect ongoing efforts to refine the procedural framework that addresses emerging challenges in trial practice and responds to recent judicial interpretations.

The Federal Rules of Evidence continue to evolve with the 2024 amendments which introduce nuanced changes that require careful consideration by lawyers. Building upon the foundational discussions of the 2023 amendments, this article examines the critical modifications to Rules 613, 801, 804, and 1006, as well as, the introduction of the new Rule 107. These amendments reflect ongoing efforts to refine the procedural framework that addresses emerging challenges in trial practice and responds to recent judicial interpretations. This article will outline the updated evidentiary rules and offer key strategies for lawyers to apply these amendments to their client’s advantage.

Rule 613

This rule addresses the handling of a witness’s prior statements during questioning. It ensures that a witness has a fair chance to address any inconsistencies in their statements, to maintain the integrity of the examination process. The amendment now states “a witness’s prior inconsistent statement may not be admitted until after the witness is given an opportunity to explain or deny the statement,” and “an adverse party is given the opportunity to examine the witness about it.” (emphasis added) The amendment also gives the court the discretion to forego this requirement.

KEY TIPS

Before the amendment, a party opponent may have impeached the witness with an inconsistent

statement before allowing the witness an opportunity to explain it. If opposing counsel attempts to impeach a witness before giving the witness an opportunity to explain it, an objection should be raised citing the new amendment. If a lawyer wants to impeach a witness with a prior inconsistent statement, remember to first allow the witness to explain it.

Rule 801

This rule defines hearsay. 801(d) defines statements that are not hearsay. The amendment adds a new paragraph to 801(d)(2): “If a party’s claim or potential liability is directly derived from a declarant or the declarant’s principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party.” Essentially, the amendment provides that statements are admissible against a declarant’s successor-in-interest. Types of cases that usually invoke this rule include assignor/assignee, and decedent/executor.

KEY TIPS

During the discovery process propound interrogatories or ask questions during depositions to determine if a predecessor made any statements regarding the issues in your case. Admissions by a party are not hearsay. Likewise, admissions by a predecessor in interest is also not hearsay.

Rule 804

This rule deals with hearsay exceptions when the declarant is unavailable as a witness. The amendment addresses 804(b)(3) regarding statements against interest. The amendment provides that “if offered in a criminal case . . is supported by corroborating circumstances that clearly indicate its trustworthiness after considering the totality of the circumstances under which it was made and any evidence that supports or undermines it.” In other words, the proponent of the evidence must produce corroborating evidence demonstrating the trustworthiness of the statement.

KEY TIPS

If you are trying to admit a statement against interest in a criminal case, first establish its trustworthiness with corroborating evidence. If you are opposing a statement against interest in a criminal case, object if your opponent has not first provided corroborating evidence of its trustworthiness. Produce evidence that undermines the statement, if you can.

Rule 1006

This rule addresses the introduction of summaries, charts, or calculations to present the content of voluminous data or documents. Three separate sections, (a), (b), and (c) were added with the amendment. Section (a) provides that the voluminous data or documents are not required to be admitted into evidence before a summary, chart or calculation is presented in court. However, the proponent must provide the original data or summaries to

their opponent before the introduction of the summaries, charts or calculations. In addition, the court may require the proponent of the summaries to produce the original data in court. See Rule 1006(b). Section (c) provides that summaries, charts or calculations that are presented as illustrative aids are not covered by this rule, but will now be governed by new Rule 107.

KEY TIPS

A summary, chart, or calculation may now be offered to prove the admissible evidence found within extensive data or documents, without first admitting those data or documents into evidence. Summaries, charts, and calculations under this rule are evidence and should be entered as exhibits in the record. Illustrative aids in the form of summaries, charts, and calculations that merely help the trier of fact are not evidence and are now governed by the new Rule 107.

New Rule 107

This new rule governs the use of illustrative aids not introduced into evidence. Illustrative aids are allowed under this rule if they assist the trier of fact in understanding the evidence or an argument so long as its use is not substantially outweighed by the danger of, among other things, unfair prejudice. Illustrative aids are not admitted into evidence. Examples include PowerPoints, video depictions, computer simulations, etc.

The amendments to Rules 618, 801, 804, and 1006, along with new Rule 107, introduce nuanced modifications that could materially impact case preparation, witness examination, and documentary evidence presentation.

KEY TIPS

The use of the illustrative aid must outweigh any potential unfair prejudice, confusion of the issues, etc. The illustrative aid is not provided to the jury for deliberations unless the parties consent, or the court allows for good cause. The illustrative aid should be added to the record, but not as an evidentiary exhibit.

CONCLUSION

Amendments to the Federal Rules of Evidence effective December 1, 2024, represent changes to the evidentiary standards that lawyers must learn and integrate into their litigation strategies. The amendments to Rules 618, 801, 804, and 1006, along with new Rule 107, introduce nuanced modifications that could materially impact case preparation, witness examination, and documentary evidence presentation. Lawyers should review these changes, and adjust their practice accordingly.