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A BILL TO ESTABLISH RULES OF EVIDENCE FOR CERTAIN

COURTS AND PROCEEDINGS

JUNE 4 AND 5, 1974

Printed for the use of the Committee on the Judiciary

FEB 1975

KERASTI

U.S. GOVERNMENT PRINTING OFFICE

35-817

WASHINGTON : 1974

COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman JOAN L. MCCLELLAN, Arkansas

ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina

HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland ROBERT C. BYRD, West Virginia

EDWARD J. GURNEY, Florida JOHN V. TUNNEY, California

(II)

CONTENTS

Page

1

2

Opening Statement of Senator Sam J. Ervin.

Opening Statement of Senator Roman L. Hruska--

Testimony of Hon. William L. Hungate, Representative in Congress

from the State of Missouri, accompanied by Hon. David W. Dennis,

Representative in Congress from the State of Indiana, and Hon.

Lawrence J. Hogan, Representative in Congress from the State of

Maryland

Statement submitted by Hon. William L. Hungate..

Statement submitted by Hon. David W. Dennis_

Statement submitted by Hon. Lawrence J. Hogan---

Testimony of Judge Roszel C. Thomsen, chairman, Standing Committee

on Rules of Practice and Procedure, Judicial Conference of the

United States, accompanied by Judge Albert B. Maris, Judge Charles

W. Joiner, Professor James William Moore, members of the Standing

Committee on Rules of Practice and Procedure, and Professor Edward

W. Cleary, reporter to the Advisory Committee on Rules of Evidence,

Judicial Conference of the United States---

Statement submitted by Standing Committee on Rules of Practice and

Procedure and the Advisory Committee on Rules of Evidence of the

Judicial Conference of the United States ---

Statement submitted by Hon. Charles W. Joiner..

Statement submitted by Professor James William Moore..

Statement submitted by James F. Schaeffer, Association of Trial Law-

yers of America ----

Testimony of Professor J. Francis Paschal, Duke University School of

Law

Statement submitted by Professor J. Francis Paschal..

Testimony of George A. Spiegelberg of New York, on behalf of the

American College of Trial Lawyers and the Ad Hoc New York Trial

Lawyers Committee---

Statement submitted on behalf of the American College of Trial Lawyers

and a committee of New Yo trial lawyers---

Page
200

202

215

215

245
264

Letter to the Judiciary Committee from Richard H. Keatinge, dated

June 18, 1974---
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----
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----
Testimony of Judge Roszel C. Thomsen, Chairman, Standing Committee

on Rules of Practice and Procedure, Judicial Conference of the
United States.-

280

281 296

298

299

319

ADDITIONAL MATERIALS

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

Hruska
Letter dated May 9, 1973, from Senator Stevens to Chairman Eastland,

enclosing letter from Dr. Rodman Wilson, chairman, Legislative Com

mittee of the Alaska State Medical Association--Letter dated March 11, 1974, from Eugene A. Burdick, past president,

National Conference of Commissioners on Uniform State Laws, to

Senator Burdick--
Letter and accompanying statement of Judge Thomas J. Clary to Senator

Hruska, dated March 28, 1974.---
Letter dated April 3, 1974, from Judge W. C. Stuart (Iowa) to Senator

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

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

ator Burdick.--
Letter dated April 5, 1974, from Judge Charles R. Weiner (Pennsyl-

vania) to Senator Burdick... Letter dated April 8, 1974, from Judge John V. Singleton, Jr. (Texas)

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

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

Chairman Eastland.-
Letter dated April 10, 1974, from Judge James B. McMillan (North

Carolina) to Chairman Eastland.---
Letter dated May 30, 1974, from Senator Tower to Chairman Eastland

enclosing letter from Leroy Jeffers, president, State Bar of Texas--

370

371

371

371

372

372

373

374

374

Page 377

378

379

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

statement of the Committee on Model Rules of Evidence of the Fed

eral 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.

380

382

384

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