Description
Hearsay evidence is excluded except when it is subject to a specific exception. Recognizing unanticipated exceptions, the drafters of the Federal Rules of Evidence created a "residual exception" designed to allow courts to admit hearsay evidence that, though not identified in the rules, a jury should consider.
Until December 2019, a party could attempt to introduce inadmissible hearsay only if the out-of-court declaration was trustworthy, material, and served the interests of justice. The new amendment eliminates the requirement that the evidence must be material and the condition that the proffered evidence must serve the interests of justice. Only the materiality and trustworthiness requirements remain. Further, the pretrial notice requirements have been relaxed, and a cause exception to those requirements has been introduced.
Depending on the commentator, these rules are (1) an inappropriate dilution of the hearsay exception, (2) an opportunity for counsel to better develop the evidence at trial, or (3) some version of both.
Listen as this panel of trial evidence experts examines the changes to the rule and provides guidance on using the rule to introduce, or prevent the introduction of, hearsay evidence.
Presented By
Ms. Davis represents U.S. and international clients in a wide variety of complex commercial disputes in both federal and state court. Shes has represented both plaintiffs and defendants in a broad range of litigations and arbitrations, including claims for breach of contract, fraud, breach of fiduciary duty and tortious interference. Ms. Davis also has experience representing clients in securities and bankruptcy litigation.
Ms. Reuben represents plaintiffs across the country in a broad range of antitrust and consumer class action matters, regularly serving as lead, co-lead and liaison counsel and as a member of case-management committees in high-profile, multi-jurisdictional litigation.
Ms. Smith is a member of Butler Snow’s litigation department and practices within the Commercial Litigation group. Prior to joining Butler Snow, she clerked for the Honorable Leslie H. Southwick of the United States Court of Appeals for the Fifth Circuit.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, May 12, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Substantive changes
- Deletion of interest of justice requirement
- Increased importance of trustworthiness, materiality
- Process changes
- Changes to the content and type of notice
- Good cause exception
- Trial practice pointers
The panel will review these and other notable issues:
- What were the motivating factors behind the rule changes?
- Are there pre-amendment cases that are helpful in understanding the amendment?
- What types of evidence are most likely to survive objection?
Related Courses
Prior Inconsistent Statements in Social Media and Inactive Websites: Planning for Amendments to FRE 801(d)
Tuesday, October 28, 2025
1:00 p.m. ET./10:00 a.m. PT