RULES OF EVIDENCE 13/ HEARINGS BEFORE THE SUBCOMMITTEE ON CRIMINAL JUSTICE (FORMERLY DESIGNATED AS SPECIAL SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY NINETY-THIRD CONGRESS FIRST SESSION ON PROPOSED RULES OF EVIDENCE This supplement is a compilation of additional material submitted 93-1-H Foreword After extensive hearings and deliberations, the Subcommittee on Criminal Justice developed a Committee Print of H.R. 5463, a bill to "establish the Federal Rules of Evidence, and for other purposes." The Subcommittee circulated this Committee Print, dated June 28, 1973, nationwide for comment. Views were solicited from the Bar Association of each of the fifty states and the District of Columbia, the Department of Justice, the Supreme Court and the Judicial Conference, and all individuals and organizations of whose interest the Subcommittee was aware. The text of the Print was inserted in the Congressional Record, two days earlier, on June 26, 1973. On July 17, 1973 the Print was published in the U.S. Law Week, and on July 18, 1973 it appeared in The Criminal Law Reporter. The West Publishing Company reprinted it in the U.S. Code Congressional and Administrative News on August 10, 1973. Many valuable comments, suggestions, and observations were received by the Subcommittee as a result of this wide circulation. For the most part, these appear in this supplement following the June Print. The material preceding the June Print consists mainly of documents received prior to June 28, 1973, but not printed in the original volume of the hearings. On October 10, 1973, the Subcommittee published a second Committee Print. This Print represents the final action of the Subcommittee taken in five markup sessions at which the comments received on the earlier Print were considered. The October 9, 1973 Print, beginning on page 357, concludes this supplement. In sum, this supplement together with the original hearings contains all of the testimony and materials considered by the Subcommittee in its six days of hearings, the seventeen markup sessions leading to the development of the Committee Print of June 28, 1973, and the five subsequent markup sessions this Fall culminating in the Print of October 10, 1973. As Chairman of the Subcommittee, I wish to express my thanks to the members of the Subcommittee and the staff for their diligent attention to this very important work, and to the many individuals and organizations whose testimony and written submissions were of immeasurable assistance. A special word of tribute to the committees of the Judicial Conference which developed the proposed rules that served as our starting point. Their encouragement and advice contributed much to the Subcommittee's work. Finally, our thanks to Professor Edward W. Cleary, Reporter of the Advisory Committee on Rules of Evidence, whose counsel during our deliberations was always cheerfully available. Witham L. Hungate Chairman, Subcommittee on Criminal Justice. |