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2024 Amendments to the Federal Rules of Evidence: New Rule 107, Illustrative Aids, Summaries, and Hearsay Exceptions
Understanding the Amendments, Updating Best Trial Practices, and Avoiding Potential Pitfalls From Unanswered Questions
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About the Course
Introduction
This CLE webinar will offer guidance on the 2024 amendments to the Federal Rules of Evidence (613, 801, 804, and 1006), paying particular attention to new FRE 107. The program will review what the amendments say and do, discuss what adjustments trial attorneys will need and want to make, and offer insights into avoiding potential pitfalls caused by unanswered questions.
Description
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.
Presented By
Mr. Campbell is the Chair of DLA Piper's Product Liability and Mass Tort practice group, which is among the world's largest and most award-winning team of product liability defense counsel. A graduate of Harvard Law School, he has 20 years' experience in all phases of mass tort, class action, and other complex commercial litigation, including trying cases and arguing appeals. Mr. Campbell has served as global, national, and trial counsel for many global companies in the life sciences, food and beverage, automotive, and insurance sectors. In addition, he also advises clients on regulatory, communications, and other strategic matters with the potential to impact the clients' business interests or reputations. Mr. Campbell regularly speaks and writes on the topics of product liability, mass torts, and class action litigation, as well as the attorney-client privilege, expert witnesses, pharmacovigilance, trial tactics, and other topics.
Ms. Fradette defends companies whose products, services, pricing, marketing, and data practices put them in front of consumers and, eventually, in front of the plaintiffs’ bar. She represents direct-to-consumer brands and e-commerce platforms; consumer finance, lending, and payments companies; pharmaceutical, medical device, and genetic testing companies; food, beverage, cosmetics, and over-the-counter drug manufacturers; and investors, private equity sponsors, and private lenders behind them. Ms. Fradette focuses her practice on the ways modern companies attempt to compete and navigate in the market, and the ever-evolving challenges: interactive and digital marketing, dynamic pricing, sales and promotional practices, advertising and labeling claims, consumer data handling and privacy, and consumer credit reporting. Those challenges arrive in many forms: class actions, mass arbitrations, mass torts, multidistrict litigation, competitor suits, and False Claims Act relator cases. She has experience defending across the litigation spectrum.
Professor Miller is the creator and Blog Editor of EvidenceProf Blog, which addresses recent developments in Evidence precedent, legislation, and scholarship. His areas of expertise include Evidence, Criminal Law and Procedure, and Civil Procedure.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, February 18, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- New Rule 107
- Role of visual aids at trial
- Discovery
- Juror access
- Governing standards
- Distinguishing between an illustrative aid and demonstrative evidence
- Key issues
- Other amendments
- FRE 1006
- FRE 613(b)
- Hearsay exceptions: FRE 801(d)(2) and 804(b)(3)
The panel will review these and other key issues:
- Factors that distinguish an illustrative aid under FRE 107 and demonstrative evidence
- Impact of amendments to FRE 801 on bankruptcy trustees, receivers, and other representative parties
- Ways to ensure that juries do not rely on illustrative aids for improper purposes
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