ADVISORY COMMITTEE ON EVIDENCE RULES Williamsburg, VA October 28, 2011 ADVISORY COMMITTEE ON EVIDENCE RULES AGENDA FOR COMMITTEE MEETING William and Mary Law School, Williamsburg Virginia October 28, 2011 I. Opening Business Opening business includes approval of the minutes of the Spring, 2011 meeting; a report on the June 2011 meeting of the Standing Committee; a report on awards garnered by the Restyled Evidence Rules project; welcome to new members; and tributes to departing members. II. Proposed Amendment to Rule 803(10) The Committee’s proposed amendment to Rule 803(10) has been released for public comment. At this writing, no public comments have been posted. III. Possible Amendment to Rule 801(d)(1)(B) The agenda book contains a memorandum from the Reporter analyzing the possibility of amending Rule 801(d)(1)(B) to provide that a prior consistent statement is exempt from the hearsay rule whenever it is admissible to rehabilitate the credibility of the declarant-witness. The memorandum includes input from the DOJ, the Public Defender, and state courts — input that was sought by the Committee after its initial consideration of the proposed amendment at the last meeting. IV. Privilege Project A number of years ago the Evidence Rules Committee agreed to undertake a project to draft rules of privilege that would describe the current state of privilege law in the federal courts. The privilege project was delayed during the restyling effort. At the Committee’s request, Professor Broun has now revived the project. The agenda book contains a memo from Professor Broun setting forth survey rules and commentary for the attorney-client privilege and the marital privileges. 1 3 V. Crawford Outline The updated outline on federal cases on confrontation after Crawford v. Washington is included in the agenda book. VI. Memo on “Continuous Study” of the Evidence Rules The Procedures for the Standing Committee require the Evidence Rules Committee to engage in a “continuous study” of the need for any amendment to the Rules. The agenda book includes a memo from the Reporter providing some history of the studies that have already been undertaken and providing some suggestions of possible amendments for consideration by the Committee. VII. Presentation by the William and Mary Law School Center for Legal and Court Technology The McGlothlin Courtroom, the home of the Center for Legal and Court Technology (CLCT), is the world’s most technologically advanced trial and appellate courtroom. Continuously upgraded, the Courtroom permits both formal and informal experimental work, including CLCT’s cutting edge experiment Laboratory Trials. Professor Fredric Lederer, Chancellor Professor of Law and Director of CLCT, will provide the Committee with an introduction to the Courtroom and CLCT’s courtroom technology activities. VIII. Next Meeting 2 4 COMMITTEES ON RULES OF PRACTICE AND PROCEDURE CHAIRS and REPORTERS Standing Honorable Mark R. Kravitz Professor Daniel R. Coquillette United States District Judge Boston College Law School United States District Court 885 Centre Street Richard C. Lee United States Courthouse Newton Centre, MA 02459 141 Church Street New Haven, CT 06510 Appellate Honorable Jeffrey S. Sutton Professor Catherine T. Struve United States Circuit Judge University of Pennsylvania Law School United States Court of Appeals 3400 Chestnut Street 260 Joseph P. Kinneary U.S. Courthouse Philadelphia, PA 19104 85 Marconi Boulevard Columbus, OH 43215 Bankruptcy Honorable Eugene R. Wedoff Professor S. Elizabeth Gibson United States Bankruptcy Court Burton Craige Professor of Law Everett McKinley Dirksen U.S. Courthouse 5073 Van Hecke-Wettach Hall 219 South Dearborn Street University of North Carolina at Chapel Hill Chicago, IL 60604 C.B. #3380 Chapel Hill, NC 27599-3380 Professor Troy A. McKenzie New York University School of Law 40 Washington Square South New York, NY 10012 5 Civil Honorable David G. Campbell Professor Edward H. Cooper United States District Judge University of Michigan Law School United States District Court 312 Hutchins Hall 623 Sandra Day O’Connor U.S. Courthouse Ann Arbor, MI 48109-1215 401 West Washington Street Phoenix, AZ 85003-2146 Professor Richard L. Marcus University of California Hastings College of the Law 200 McAllister Street San Francisco, CA 94102-4978 Criminal Honorable Reena Raggi Professor Sara Sun Beale United States Court of Appeals Duke University School of Law 704S United States Courthouse Science Drive & Towerview Road 225 Cadman Plaza East Box 90360 Brooklyn, NY 11201-1818 Durham, NC 27708-0360 Professor Nancy J. King Vanderbilt University Law School 131 21st Avenue South, Room 248 Nashville, TN 37203-1181 Evidence Honorable Sidney A. Fitzwater Professor Daniel J. Capra Chief Judge Fordham University United States District Court School of Law Earle Cabell Federal Bldg. U.S. Courthouse 140 West 62nd Street 1100 Commerce Street, Room 1528 New York, NY 10023 Dallas, TX 75242-1310 Secretary: Rules Committee Officer: Peter G. McCabe Jonathan C. Rose Secretary Rules Committee Officer Committee on Rules of Practice & Procedure Administrative Office of the U.S. Courts Thurgood Marshall Federal Judiciary Building Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E., Room 4-180 One Columbus Circle, N.E. Washington, DC 20544 Washington, DC 20544 Phone 202-502-1800 Phone 202-502-1820 Fax 202-502-1766 Fax 202-502-1755 [email protected] [email protected] 6 Chief Counsel: Rules Committee Support Office Deputy: Andrea L. Kuperman Benjamin J. Robinson Chief Counsel to the Rules Committees Deputy Rules Officer and Counsel to the Rules 11535 Bob Casey U.S. Courthouse Committees 515 Rusk Ave. Rules Committee Support Office Houston, TX 77002-2600 Washington, DC 20544 Phone 713-250-5980 Phone 202-502-1516 Fax 713-250-5213 Fax 202-502-1755 [email protected] [email protected] 7 ADVISORY COMMITTEE ON EVIDENCE RULES Chair: Reporter: Honorable Sidney A. Fitzwater Professor Daniel J. Capra Chief Judge Fordham University School of Law United States District Court 140 West 62nd Street Earle Cabell Federal Bldg. and U.S. Courthouse New York, NY 10023 1100 Commerce Street, Room 1528 Dallas, TX 75242-1310 Members: Honorable Brent R. Appel Honorable Anita B. Brody Justice United States District Court Iowa Supreme Court 7613 James A. Byrne United States Courthouse Iowa Judicial Branch Building 601 Market Street 1111 East Court Avenue Philadelphia, PA 19106-1797 Des Moines, IA 50319 Honorable Stuart M. Goldberg William T. Hangley, Esq. Principal Associate Deputy Attorney General Hangley, Aronchick, Segal & Pudin, P.C. (ex officio) One Logan Square, 27th Floor 950 Pennsylvania Avenue, N.W. – Room 4208 Philadelphia, PA 19103-6933 Washington, DC 20530 Marjorie A. Meyers, Esq. Honorable William K. Sessions III Federal Public Defender United States District Court Southern District of Texas Federal Building 440 Louisiana, Suite 1350 11 Elmwood Avenue, 5th Floor Houston, Texas 77002 Burlington, VT 05401 Elizabeth J. Shapiro, Esq. Paul Shechtman, Esq. AD, Federal Programs Branch Stillman, Friedman & Shechtman U.S. Department of Justice – Civil Division 425 Park Avenue 20 Massachusetts Ave., N.W., Room 7152 New York, NY 10022 Washington, DC 20530 Honorable John A. Woodcock, Jr. Chief Judge United States District Court Margaret Chase Smith Federal Building 202 Harlow Street, 3rd Floor Bangor, ME 04401-4901 8 Liaison Members: Honorable Paul S. Diamond (Civil) Honorable John F. Keenan (Criminal) United States District Court United States District Court James A. Byrne United States Courthouse 1930 Daniel Patrick Moynihan U.S. Courthouse 601 Market Street, Room 6613 500 Pearl Street Philadelphia, PA 19106 New York, NY 10007-1312 Honorable Richard C. Wesley (Standing) Honorable Judith H. Wizmur (Bankruptcy) United States Court of Appeals Chief Judge Livingston County Government Center United States Bankruptcy Court Six Court Street Mitchell H. Cohen U.S. Courthouse Geneseo, NY 14454-1043 2nd Floor – 400 Cooper Street Camden, NJ 08102-1570 Secretary: Rules Committee Officer: Peter G. McCabe Jonathan C. Rose Secretary Rules Committee Officer Committee on Rules of Practice & Procedure Administrative Office of the U.S. Courts Washington, DC 20544 Thurgood Marshall Federal Judiciary Building Phone 202-502-1800 One Columbus Circle, N.E. Fax 202-502-1766 Washington, DC 20544 [email protected] Phone 202-502-1820 Fax 202-502-1755 [email protected] Rules Committee Support Office Deputy: Benjamin J. Robinson Deputy Rules Officer and Counsel to the Rules Committees Rules Committee Support Office Washington, DC 20544 Phone 202-502-1516 Fax 202-502-1755 [email protected] 9 LIAISON MEMBERS Appellate: Dean C. Colson (Standing Committee) Bankruptcy: Judge James A. Teilborg (Standing Committee) Civil: Judge Arthur I. Harris (Bankruptcy Rules Committee) Judge Diane P. Wood (Standing Committee) Criminal: Judge Marilyn Huff (Standing Committee) Evidence: Judge Judith H. Wizmur (Bankruptcy Rules Committee) Judge Paul S. Diamond (Civil Rules Committee) Judge John F. Keenan (Criminal Rules Committee) Judge Richard C. Wesley (Standing Committee) 10 ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS Peter G. McCabe Secretary Committee on Rules of Practice & Procedure Washington, DC 20544 Phone 202-502-1800 Fax 202-502-1766 [email protected] Jonathan C. Rose Rules Committee Officer Rules Committee Support Office Washington, DC 20544 Phone 202-502-1820