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Y4.J892: Ev32

RULES OF EVIDENCE

93-2

35-817

HEARINGS

BEFORE THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-THIRD CONGRESS

SECOND SESSION

ON

FEDERAL RULES OF EVIDENCE

H.R. 5463

A BILL TO ESTABLISH RULES OF EVIDENCE FOR CERTAIN
COURTS AND PROCEEDINGS

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COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
PHILIP A. HART, Michigan

EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

QUENTIN N. BURDICK, North Dakota ROBERT C. BYRD, West Virginia JOHN V. TUNNEY, California

ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii

HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky

CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

(II)

CONTENTS

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Statement submitted on behalf of the American College of Trial Lawyers
and a committee of New York trial lawyers___.

Letter to the Judiciary Committee from Richard H. Keatinge, dated
June 18, 1974_.

Page

200

Testimony of Albert E. Jenner, Chairman, Advisory Committee on Rules
of Evidence, Judicial Conference of the United States-.
Testimony of Paul F. Rothstein, Professor of Law, Georgetown Uni-
versity Law Center___

"The Proposed Amendments to the Federal Rules of Evidence" by Paul
F. Rothstein, 62 Georgetown L. J. 125 (1973)_.
"Some Themes in the Proposed Federal Rules of Evidence," by Paul F.
Rothstein, 33 Fed. B. J. 21 (1974) -
Statement submitted by Paul F. Rothstein__.

202

215

215

245

264

Testimony of Dr. Maurice Grossman, M.D., chairman, Task Force on
Confidentiality, American Psychiatric Association, accompanied by Dr.
Stanley L. Portnow, M.D., American Academy of Psychiatry and the
Law

Statement submitted by Dr. Maurice Grossman and Dr. Stanley L.
Portnow

Supplemental statement submitted by Dr. Stanley L. Portnow--
Testimony of Herbert Semmel, Washington Council of Lawyers, accom-
panied by G. James Frick, director, Center for Law and Social Policy,
Washington, D.C_____

Statement submitted by Herbert Semmel on behalf of the Washington
Council of Lawyers--

280

281

296

298

299

Testimony of Judge Roszel C. Thomsen, Chairman, Standing Committee on Rules of Practice and Procedure, Judicial Conference of the United States___.

319

ADDITIONAL MATERIALS

Rules of evidence for U.S. courts and magistrates, as promulgated by
the Supreme Court, November 20, 1972____
Text of H.R. 5463, as passed by the House of Representatives, February
6, 1974.

320

340

Staff memorandum, Senate Judiciary Committee, Re H.R. 5463, an act to
establish the Federal Rules of Evidence, May 22, 1974__
Statement submitted by Frank F. Jestrab of the National Conference
of Commissioners on Uniform States Laws___.

355

362

Letter dated June 11, 1974, from Justice Tom C. Clark, to Senator
Hruska

363

Letter dated May 9, 1973, from Senator Stevens to Chairman Eastland, enclosing letter from Dr. Rodman Wilson, chairman, Legislative Committee of the Alaska State Medical Association_.

364

Letter dated March 11, 1974, from Eugene A. Burdick, past president,
National Conference of Commissioners on Uniform State Laws, to
Senator Burdick__.

364

Letter and accompanying statement of Judge Thomas J. Clary to Senator
Hruska, dated March 28, 1974---

366

Letter dated April 3, 1974, from Judge W. C. Stuart (Iowa) to Senator
Burdick

370

Letter dated April 4, 1974, from Judge William K. Thomas (Ohio) to
Senator Burdick__

371

Letter dated April 4, 1974, from Judge C. G. Neese (Tennessee) to Senator Burdick__

371

Letter dated April 5, 1974, from Judge Charles R. Weiner (Pennsylvania) to Senator Burdick__.

371

Letter dated April 8, 1974, from Judge John V. Singleton, Jr. (Texas) to Chairman Eastland_

372

Letter dated April 10, 1974, from Judge A. Andrew Hauk (California) to Chairman Eastland__

372

Letter dated April 10, 1974, from Judge Nicholas J. Walinski (Ohio) to
Chairman Eastland..

373

Letter dated April 10, 1974, from Judge James B. McMillan (North
Carolina) to Chairman Eastland_-_-

374

Letter dated May 30, 1974, from Senator Tower to Chairman Eastland enclosing letter from Leroy Jeffers, president, State Bar of Texas‒‒‒‒‒

374

Letter dated June 3, 1974, from Stuart H. Johnson, Jr. submitting the

statement of the Committee on Model Rules of Evidence of the Federal Bar Association___.

Letter dated June 11, 1974, from Judge Irving R. Kaufman (New York)
to Chairman Eastland__.

Letter dated June 12, 1974, from Frederick H. Block, chairman of the
Committee on the Federal Courts of the New York County Lawyer's
Association, to the Judiciary Committee___
Letter and accompanying correspondence from Alan Y. Cole, chairman,
Committee on Federal Rules of Procedure and Evidence, Section of
Criminal Justice, American Bar Association, dated June 17, 1974__.
Letter from Jack Donahue, executive director, to Chairman Eastland,
submitting the statement of the Council for the Advancement of the
Psychological Professions and Sciences, dated June 18, 1974___
Letter and accompanying statement of Myzell Sowell, chairman, Special
Committee on Federal Practice and Procedure, American Bar Asso-
ciation, June 19, 1974__‒‒

Page

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