2024 Amendments to the Federal Rules of Evidence: New Rule 107, Illustrative Aids, Summaries, and Hearsay Exceptions

The biggest change brought about by the amendments, effective Dec. 1, 2024, is the new FRE 107. Rule 107 states that "illustrative aids" that merely help the jury understand evidence are not themselves evidence and should not be sent into jury deliberations. It also incorporates a utility-undue prejudice balancing test. Rule 107, however, does not assist counsel in determining whether a particular item is in fact substantive evidence or just an illustrative aid. The rule leaves many questions unanswered and the distinction has a significant impact on discovery, notice obligations, and how much judicial scrutiny an "aid" receives before the jury can see it.

Amended FRE 1006 acknowledges that a summary of otherwise admissible but voluminous documents is itself admissible evidence governed by Rule 1006, while an illustrative summary that merely helps the trier of fact to understand admissible evidence is not admissible but governed by new Rule 107. Amended FRE 613(b) changes the logistics of introducing extrinsic evidence of prior inconsistent statements. Amendments to FRE 801(d)(2) and 804(b)(3) clarify and expand certain hearsay exemptions.

Listen as this panel of experienced litigators guides counsel through the Dec. 1, 2024, amendments to the Federal Rules of Evidence and identifies new issues to consider.