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1975/12/12 HR9915 Amendments to the Federal Rules of Procedure and the Rules of Criminal Procedure
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1975/12/12 HR9915 Amendments to the Federal Rules of Procedure and the Rules of Criminal Procedure
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The original documents are located in Box 33, folder "12/12/75 HR9915 Amendments to the
Federal Rules of Procedure and the Rules of Criminal Procedure" of the White House
Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 33 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED DEC12 1975
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: December 16
December 10, 1975
Poleo 12/13
12/15
MEMORANDUM FOR THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
Enrolled Bill H.R. 9915 - Amendments
to the Federal Rules of Procedure and
the Rules of Criminal Procedure
Attached for your consideration is H.R. 9915, sponsored
by Representative Hungate and three others, which
would correct numerous grammatical imperfections and
incorrect references, and make conforming changes in
the Federal Rules of Evidence, Federal Rules of Criminal
Procedure and related provisions of titles 18 and 28
of the U.S. Code.
Additional information is provided in OMB's enrolled
bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 9915 at Tab B.
FORD is LIBRARY 03RALD
OF THE
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATES
WASHINGTON, D.C. 20503
DEC 8 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 9915 - Amendments to the Federal
Rules of Evidence and the Rules of Criminal
Procedure
Sponsor - Rep. Hungate (D) Missouri and 3 others
Last Day for Action
December 16, 1975 - Tuesday
Purpose
To make both technical and conforming amendments to the Federal
Rules of Evidence, Federal Rules of Criminal Procedure, and
related provisions of titles 18 and 28 of the U.S. Code.
Agency Recommendations
Office of Management and Budget
Approval
Department of Justice
Approval
Administrative Office of U.S. Courts
No objection
Discussion
The enrolled bill would both correct numerous grammatical im-
perfections and incorrect references, and make conforming
changes in the Federal Rules of Evidence, in certain provisions
of titles 18 and 28 of the U.S. Code related to the Rules of
Evidence, and in the Federal Rules of Criminal Procedure. The
conforming changes are as follows:
-- Rule 410 of the Rules of Evidence is replaced by
the language of recently enacted (July 31, 1975)
Rule 11 (e) (6) of the Federal Rules of Criminal
Procedure. This does not change the substance of
2
the existing rule, which deals with the admissi-
bility of guilty pleas in civil or criminal
actions, but merely conforms its language to that
contained in the Rules of Criminal Procedure.
Full conformity is desirable because certain
pleas or statements made in connection with this
evidence rule are equally relevant to the Rules
of Criminal Procedure.
-- Sections 3491 and 3492 of title 18, U.S. Code,
which deal with the admissibility of foreign
documents in criminal trials, is amended by
striking existing cross-references to a repealed
statute and inserting appropriate references to
the Federal Rules of Evidence.
-- Rule 16 of the Federal Rules of Criminal Procedure,
which deals with the pretrial discovery of evi-
dence, is amended by striking certain sections
which are now unnecessary because of recent amend-
mentsto the Federal Rules of Criminal Procedure
by P.L. 94-64.
Since the enrolled bill would remedy certain technical deficiencies
in existing law, we recommend approval.
James Director Trey
for Legislative Reference
Enclosures
TORD
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 8 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 9915 - Amendments to the Federal
Rules of Evidence and the Rules of Criminal
Procedure
Sponsor - Rep. Hungate (D) Missouri and 3 others
Last Day for Action
December 16, 1975 - Tuesday
Purpose
To make both technical and conforming amendments to the Federal
Rules of Evidence, Federal Rules of Criminal Procedure, and
related provisions of titles 18 and 28 of the U.S. Code.
Agency Recommendations
Office of Management and Budget
Approval
Department of Justice
Approval
Administrative Office of U.S. Courts
No objection
Discussion
The enrolled bill would both correct numerous grammatical im-
perfections and incorrect references, and make conforming
changes in the Federal Rules of Evidence, in certain provisions
of titles 18 and 28 of the U.S. Code related to the Rules of
Evidence, and in the Federal Rules of Criminal Procedure. The
conforming changes are as follows:
--- Rule 410 of the Rules of Evidence is replaced by
the language of recently enacted (July 31, 1975)
Rule 11 (e) (6) of the Federal Rules of Criminal
Procedure. This does not change the substance of
VORD
Attached document was not scanned because it is duplicated elsewhere in the document
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
December 4, 1975
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
In compliance with your request, I have examined a facsimile of
the enrolled bill H.R. 9915, "To make technical amendments to the
Federal Rules of Evidence, the Federal Rules of Criminal Procedure,
and to related provisions of titles 18 and 28 of the United States
Code."
At present, the federal statutes referred to in the title of the
bill contain numerous grammatical imperfections, incorrect references,
and superfluous provisions. All these would be eliminated by the bill,
thus achieving a useful clarification of the law.
Accordingly, the Department of Justice recommends Executive
approval of this bill.
Sincerely,
alichael Ul
Michael M. Uhlmann
ADMINISTRATIVE OFFICE OF THE
UNITED STATES COURTS
SUPREME COURT BUILDING
WASHINGTON, D.C. 20544
ROWLAND F. KIRKS
DIRECTOR
December 3, 1975
WILLIAM E. FOLEY
DEPUTY DIRECTOR
James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D. C.
Dear Mr. Frey:
Reference is made to your enrolled bill request
of December 2, 1975 requesting views and recommenda-
tions on H.R. 9915, an Act "To make technical amendments
to the Federal Rules of Evidence, the Federal Rules
of Criminal Procedure, and to related provisions of
titles 18 and 28 of the United States Code."
Although the proposed legislation has not been
the subject of comment by the Judicial Conference of
the United States, the bill purports to make only
technical amendments to the Federal Rules of Evidence
and the Federal Rules of Criminal Procedure and in the
circumstances, no objection to Executive approval is
interposed.
Sincerely,
Circuin William Deputy Director E. Foley
THE WHITE HOUSE
WASHINGTON
December 11, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b.
SUBJECT:
H.R. 9915 - Amendments to the Federal Rules
of Evidence and the Rules of Criminal Procedure
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
1281
Date: December 8
Time: 600pm
FOR ACTION: Dick Parsons
of
CC (for information):
Max Friedersdorf the
Jack Marsh
Ken Lazarus on
Jim Cavanaugh
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 10
noon
SUBJECT:
H.R. 9915 - Amendmements to the Federal
Rules of Evidence and the
Rules of Criminal Procedure
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
A
EMORANDUM
LOG NO.:
1281
Date: December 9
Time: 600pm
FOR ACTION: Dick Parsons
CO (for information): :
Max Friedersdorf
Jack Marsh
Ken Lazarus
Jim Cavanaugh
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 10
500pm
SUBJECT:
H.R. 9915 - Amendmements to the Federal
Rules of Evidence and the
Rules of Criminal Procedure
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Approve. RQP
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
For the Prodident
delay in submitting the required material, please
telephone the Staff Secretary immedictely.
ACTH
EMGRANDUM
LOG NO.:
1281
Date: December 9
Time:
600pm
FOR ACTION:
Dick Parsons
CC (for information): :
Max Friedersdorf
Jack Marsh
Ken Lazarus
Jim Cavanaugh
Warren Hendriks
FROM THE STAFF SECRETARY
DUE: Date:
Time:
December 10
500pm
SUBJECT:
H.R. 9915 - Amendmements to the Federal
Rules of Evidence and the
Rules of Criminal Procedure
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection. -- Ken Lazarus 12/10/75
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
For
the
delay in submitting the required material, please
telephone the Staff Secretary immediately.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-599
MAKING TECHNICAL AMENDMENTS TO THE FEDERAL RULES OF
EVIDENCE, THE FEDERAL RULES OF CRIMINAL PROCEDURE, AND
TO RELATED PROVISIONS OF TITLES 18 AND 28 OF THE UNITED
STATES CODE
OCTOBER 30, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. HUNGATE, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 9915]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 9915) to make technical amendments to the Federal Rules of
Evidence, the Federal Rules of Criminal Procedure, and to related
provisions of titles 18 and 28 of the United States Code, having con-
sidered the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
The amendments are as follows:
Page 2, strike out lines 4 through 6 and insert in lieu thereof the
following:
(4) In the table of contents, by amending the item relating to rule
410 to read as follows:
Rule 410. Inadmissibility of pleas, offers of pleas, and related
statements.
Page 2, strike out lines 19 and 20, and insert in lieu thereof the
following:
(9) By amending Rule 410 to read as follows:
Rule 410. Inadmissibility of Pleas, Offers of Pleas, and
Related Statements
Except as otherwise provided in this rule, evidence of a
plea of guilty, later withdrawn, or a plea of nolo contendere,
or of an offer to plead guilty or nolo contendere to the crime
charged or any other crime, or of statements made in connec-
tion with, and relevant to, any of the foregoing pleas or
offers, is not admissible in any civil or criminal proceeding
57-006
2
3
against the person who made the plea or offer. However, evi-
superseded by Rule 11 (e) (6) of the Federal Rules of Criminal Pro-
dence of a statement made in connection with, and relevant
cedure. Paragraph (9), therefore, changes the language of Rule 410
to, a plea of guilty, later withdrawn, a plea of nolo con-
to conform to the language of Rule 11(e) (6) of the Federal Rules
tendere, or an offer to plead guilty or nolo contendere to the
of Criminal Procedure.
crime charged or any other crime, is admissible in a criminal
Paragraph (10) corrects a wrong word in Rule 606 (b)
proceeding for perjury or false statement if the statement
was made by the defendant under oath, on the record, and in
Paragraph (11) inserts a comma in the title of Rule 803 (23) to con-
form to usage elsewhere in rules.
the presence of counsel.
Paragraph (12) conforms the punctuation of the title of Rule 804
PURPOSE
with the punctuation of the title of Rule 803.
The purpose of this legislation is to make spelling, punctuation,
Paragraph (13) corrects a spelling error in the title of Rule 804.
and conforming changes in the Federal Rules of Evidence, in cer-
Paragraph (14) corrects a spelling error in the text of Rule 804
tain provisions of titles 18 and 28 of the United States Code related to
(b) (3).
the Federal Rules of Evidence, and in the Federal Rules of Criminal
SECTION 2
Procedure.
Section 2 of H.R. 9915 amends section 2076 of title 28, United
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
States Code, which establishes a method of amending the Federal
Rules of Evidence. The amendment inserts a period at the end of
the final sentence of section 2076.
SECTION 1
The first section of H.R. 9915 contains 14 numbered paragraphs that
SECTION 3
make amendments to the Federal Rules of Evidence.
Paragraph (1) corrects a wrong word in the Table of Contents
Section 3 of H.R. 9915 amends section 3491 of title 18, United
entry for Rule 106.
States Code, which deals with the admissibility of foreign documents
Paragraph (2) conforms the Table of Contents entry for Rule 301
in criminal trials. Section 3491 makes a cross-reference in its text
with the actual title of that rule.
to section 1732 of title 28 of the United States Code. Section 1732 was
Paragraph (3) conforms the Table of Contents entry for Rule
repealed by Public Law 93-595 and replaced by provisions in the
(a) with the actual title of that rule.
Federal Rules of Evidence. Section 3. therefore, changes the cross-
Paragraph (4) conforms the Table of Contents entry for Rule 410
reference in section 3491 of title 18, United States Code, SO that it
with the actual title of that rule. See discussion below of para-
will refer to the provisions of the Federal Rules of Evidence.
graph (9).
Paragraph (5) conforms capitalization of the Table of Contents
SECTION 4
entry for Rule 501 with the usage in the rest of the Table of Contents.
Paragraph (6) conforms the Table of Contents entry for Rule
Section 4 of H.R. 9915 amends section 3492 of title 18, United
608 (a) with the actual title of that rule.
States Code. Section 3492 deals with authenticating foreign documents
Paragraph (7) conforms the Table of Contents entry for Rule
for use in criminal trials. Section 3492, like section 3491 discussed
1101 (c) with the actual title of that rule.
above, makes a cross-reference in its text to section 1732 of title 28,
Paragraph (8) conforms the Table of Contents entry for Rule
United States Code. For the reason set forth above, section 5 amends
1101 (c) with the actual title of that rule.
section 3492 of title 18. United States Code, SO that it refers to the
Paragraph (9) conforms the language of Rule 410 with the lan-
provisions of the Federal Rules of Evidence.
guage of recently enacted (July 31, 1975) Rule (e) (6) of the
Federal Rules of Criminal Procedure. When the Federal Rules of
SECTION 5
Evidence were before the 93d Congress, the House and Senate passed
different versions of Rule 410, which relates to the use of statements
Section 5 of H.R. 9915 amends Rule 16 of the Federal Rules of
made during plea negotiating. The conference committee recom-
Criminal Procedure, which deals with pretrial discovery of evidence.
mended. and the Congress agreed, that this matter should be explored
It was originally proposed to amend Rule 16 to require that both the
in greater detail during Congressional consideration of proposed
prosecution and the defense provide the opposing party with a list
amendments to the Federal Rules of Criminal Procedure. See Report
of its witnesses prior to trial. Rules (a) (4) and 16(b) (3) provide
No. 93-1597, at 6-7. This was accomplished by providing that Rule
that a party cannot comment upon his opponent's failure to call a
410 would be superseded by the relevant Federal Rule of Criminal
witness whose name was on the witness list. Public Law 94-64 struck
Procedure. With the enactment of the Federal Rules of Criminal
the provisions of Rule 16 that required pretrial disclosure of witness
Procedure Amendments Act (Public Law 94-64), Rule 410 has been
lists, making Rules 16 (a) (4) and (b) (3) unnecessary. Section 5,
therefore, strikes both from the Federal Rules of Criminal Procedure.
H.R. 599
H.R. 599
4
5
COST ESTIMATE
Rule 103. Rulings on evidence:
Pursuant to clause 7, rule XIII of the Rules of the House of Repre-
(a) Effect of erroneous ruling:
(1) Objection.
sentatives, the committee estimates that no new cost to the United
(2) Offer of proof.
States is entailed by H.R. 9915.
(b) Record of offer and ruling.
(c) Hearing of jury.
NEW BUDGET AUTHORITY
(d) Plain error.
Rule 104. Preliminary questions:
H.R. 9915 creates no new budget authority.
(a) Questions of admissibility generally.
(b) Relevancy conditioned on fact.
INFLATION IMPACT STATEMENT
(c) Hearing of jury.
(d) Testimony by accused.
H.R. 9915 will have no foreseeable inflationary impact on prices or
(e) Weight and credibility.
Rule 105. Limited admissibility.
costs in the operation of the national economy.
Rule 106. Remainder of or related writings [on] or recorded statements.
STATEMENT OF THE BUDGET COMMITTEE
No statement on this bill has been received from the House Commit-
ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
tee on the Budget.
Rule 301. Presumptions in general in civil actions and proceedings.
Rule 302. Applicability of State law in civil actions and proceedings.
STATEMENT OF THE COMMITTEE ON GOVERNMENT OPERATIONS
ARTICLE IV. RELEVANCY AND ITS LIMITS
No statement on this bill has been received from the House Com-
Rule 401. Definition of "relevant evidence".
mittee on Government Operations.
Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmis-
sible.
OVERSIGHT
Rule 403. Exclusion of relevant evidence on grounds on prejudice, confusion, or
waste of time.
The committee makes no oversight findings in connection with this
Rule 404. Character evidence not admissible to prove conduct; exceptions; other
bill.
crimes:
COMMITTEE VOTE
(a) Character evidence generally:
(1) Character of accused.
H.R. 9915 was reported out of committee on October 28, 1975, by
(2) Character of victim.
voice vote.
(3) Character of witness.
(b) Other crimes, wrongs, or acts.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Rule 405. Methods of proving character:
(a) Reputation or opinion.
In compliance with clause 3 of rule XIII of the Rules of the House
(b) Specific instances of conduct.
Rule 406. Habit: routine practice.
of Representatives, changes in existing law made by the bill, as re-
Rule 407. Subsequent remedial measures.
ported, are shown as follows (existing law proposed to be omitted is
Rule 408. Compromise and offers to compromise.
enclosed in black brackets, new matter is printed in italic, existing law
Rule 409. Payment of medical and similar expenses.
in which no change is proposed is shown in roman) :
[Rule 410. Offer to plead guilty; nolo contendere; withdrawn plea of guilty.]
Rule 410. Inadmissibility of pleas, offers of pleas, and related statements.
Rule 411. Liability insurance.
FEDERAL RULES OF EVIDENCE
AN ACT To establish rules of evidence for certain courts and proceedings
ARTICLE V. PRIVILEGES
Rule 501. General [Rule] Rule.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
ARTICLE VI. WITNESSES
rules shall take effect on the one hundred and eightieth day beginning
Rule 601. General rule of competency.
after the date of the enactment of this Act. These rules apply. to
Rule 602. Lack of personal knowledge.
actions, cases, and proceedings brought after the rules take effect.
Rule 603. Oath or affirmation.
These rules also apply to further procedure in actions, cases, and pro-
Rule 604, Interpreters.
ceedings then pending, except to the extent that application of the
Rule 605. Competency of judge as witness.
Rule 606. Competency of juror as witness
rules would not be feasible, or would work injustice, in which event
(a) At the trial.
former evidentiary principles apply.
(b) Inquiry into validity of verdict or indictment.
Rule 607. Who may impeach.
TABLE OF CONTENTS
Rule 608. Evidence of character and conduct of witness
(a) [Reputation] Opinion and reputation evidence of character.
ARTICLE I. GENERAL PROVISIONS
(b) Specific instances of conduct.
Rule 101. Scope.
Rule 102. Purpose and construction.
H.R. 599
H.R. 599
6
7
Rule 609. Impeachment by evidence of conviction of crime:
ARTICLE IV. RELEVANCY AND ITS LIMITS
(a) General rule.
(b) Time limit.
(c) Effect of pardon, annulment, or certificate of rehabilitation.
(d) Juvenile adjudications.
(e) Pendency of appeal.
[Rule 410. Offer To Plead Guilty; Nolo Contendere;
Rule 610. Religious beliefs or opinions.
Withdrawn Plea of Guilty
Rule 611. Mode and order of interrogation and presentation
(a) Control by court.
(b) Scope of cross-examination.
Except as otherwise provided by Act of Congress, evidence of a
(c) Leading questions.
plea of guilty, later withdrawn, or a plea of nolo contendere, or of an
Rule 612. Writing used to refresh memory.
offer to plead guilty or nolo contendere to the crime charged or any
Rule 613. Prior statements of witnesses:
other crime, or of statements made in connection with any of the fore-
(a) Examining witness concerning prior statement.
(b) Extrinsic evidence of prior inconsistent statement of witness.
going pleas or offers, is not admissible in any civil or criminal action,
Rule 614. Calling and interrogation of witnesses by court
case, or proceeding against the person who made the plea or offer. This
(a) Calling by court.
rule shall not apply to the introduction of voluntary and reliable
(b) Interrogation by court.
statements made in court on the record in connection with any of the
(c) Objections.
Rule 615. Exclusion of witnesses.
foregoing pleas or offers where offered for impeachment purposes or
in a subsequent prosecution of the declarant for perjury or false
statement.
This rule shall not take effect until August 1, 1975, and shall be
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
superseded by any amendment to the Federal Rules of Criminal Pro-
Rule 901. Requirement of authentication or identification
cedure which is inconsistent with this rule, and which takes effect after
(a) General provision.
the date of the enactment of the Act establishing these Federal Rules
(b) Illustrations:
of Evidence.
(1) Testimony of witness with knowledge.
(2) Nonexpert opinion on handwriting.
(3) Comparison by trier or expert witness.
Rule 410. Inadmissibility of Pleas. Offers of Pleas, and Related
(4) Distinctive characteristics and the like.
Statements
(5) Voice identification.
(6) Telephone conversations.
(7) Public records or reports.
Except as otherwise provided in this rule, evidence of a plea of guilty.
(8) Ancient documents or data [compilations] compilation.
later withdrawn, or a plea of nolo contendere, or of an offer to plead
(9) Process or system.
guilty or nolo contendere to the crime charged or any other crime, or
(10) Methods provided by statute or rule.
of statements made in connection with, and relevant to, any of the fore-
Rule 902. Self-authentication:
(1) Domestic public documents under seal.
going pleas or offers, is not admissible in any civil or criminal proceed-
(2) Domestic public documents not under seal.
ing against the person who made the plea or offer. However, evidence
(3) Foreign public documents.
of a statement made in connection with, and relevant to, a plea of
(4) Certified copies of public records.
guilty, later withdrawn, a plea of nolo contendere, or an offer to plead
(5) Official publications.
(6) Newspapers and periodicals.
guilty or nolo contendere to the crime charged or any other crime, is
(7) Trade inscriptions and the like.
admissible in a criminal proceeding for perjury or false statement if
(8) Acknowledged documents.
the statement was made by the defendant under oath, on the record,
(9) Commercial paper and related documents.
and in the presence of counsel.
(10) Presumptions under Acts of Congress.
Rule 903. Subscribing witness' testimony unnecessary.
ARTICLE VI WITNESSES
ARTICLE XI. MISCELLANEOUS RULES
Rule 1101. Applicability of rules
(a) Courts and magistrates.
(b) Proceedings generally.
Rule 606. Competency of Juror as Witness
(c) [Rules] Rule of privilege.
(d) Rules inapplicable:
(a) At the trial.-A member of the jury may not testify as a wit-
(1) Preliminary questions of fact.
(2) Grand jury.
ness before that jury in the trial of the case in which he is sitting as
(3) Miscellaneous proceedings.
a juror. If he is called SO to testify, the opposing party shall be af-
(e) Rules applicable in part.
forded an opportunity to object out of the presence of the jury.
Rule 1102. Amendments.
(b) Inquiry into validity of verdict or indictment.-Upon an in-
Rule 1103. Title.
quiry into the validity of a verdict or indictment, a juror may not
testify as to any matter or statement occurring during the course of
H.R. 599
H.R. 599
8
9
the jury's deliberations or to the effect of anythng upon his or any
made the statement unless he believed it to be true, A statement
other juror's mind or emotions as influencing him to assent to or
tending to expose the declarant to criminal liability and offered
dissent from the verdict or indictment or concerning his mental proc-
to exeulpate the accused is not [admissable] admissible unless
esses in connection therewith, except that a juror may testify on the
corroborating circumstances clearly indicate the ustworthiness
question whether extraneous prejudicial information was improperly
of the statement.
brought to the jury's attention or whether any outside influence was
(4) Statement of personal or family history.-(A) A state-
improperly brought to bear upon any juror. Nor may his affidavit or
ment concerning the declarant's own birth, adoption, marriage,
evidence of any statement by him concerning a matter about [what]
divorce, legitimacy. relationship by blood, adoption, or marriage,
which he would be precluded from testifying be received for these
ancestry, or other similar fact of personal or family history, even
purposes.
though declarant had no means of acquiring personal knowledge
of the matter stated; or (B) a statement concerning the fore-
going matters, and death also, of another person, if the declar-
ARTICLE VIII. HEARSAY
ant was related to the other by blood, adoption, or marriage or
was so intimately associated with the other's family as to be
likely to have accurate information concerning the matter
declared.
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
(5) Other exceptions.-A statement not specifically covered by
any of the foregoing exceptions but having equivalent eircumstan-
The following are not excluded by the hearsay rule, even though the
tial guarantees of trustworthiness. if the court determines that
declarant is available as a witness:
(A) the statement is offered as evidence of a material fact (B)
(1)
the statement is more probative on the point for which it is offered
*
than any other evidence which the proponent can procure through
(23) Judgment as to personal, family, or general history, or
reasonable efforts; and (C) the general purposes of these rules and
boundaries.-Judgments as proof of matters of personal, family
the interests of justice will best be served by admíssion of the
or general history, or boundaries, essential to the judgment, if the
statement into evidence. However, a statement may not be admit-
same would be provable by evidence of reputation.
ted under this exception unless the proponent of it makes known
to the adverse party sufficiently in advance of the trial or hearing
*
*
to provide the adverse party with a fair opportunity to prepare
to meet it, his intention to offer the statement and the particulars
Rule 804. Hearsay Exceptions [:] ; Declarant Unavailable
of it, including the name and address of the declarant.
(a)
*
*
ARTICLE XI. MISCELLANEOUS RULES
(b) Hearsay exceptions.-The following are not excluded by the
Rule 1101. Applicability of Rules
(a)
*
hearsay rule if the declarant is unavailable as a witness:
(1) Former testimony.-Testimony given as a witness at
another hearing of the same or a different proceeding, or in a dep-
(e) Rules applicable in part.-In the following proceedings these
osition taken in compliance with law in the course of the same
rules apply to the extent that matters of evidence are not provided for
or another proceeding, if the party against whom the testimony
in the statutes which govern procedure therein or in other rules pre-
is now offered, or, in a civil action or proceeding, a predecessor in
scribed by the Supreme Court pursuant to statutory authority: the
interest, had an opportunity and similar motive to develop the
trial of minor and petty offenses by United States magistrates; review
testimony by direct, cross, or redirect examination.
of agency actions when the facts are subject to trial de novo under
(2) Statement under belief of impending death.-In a prosecu-
section 706(2) (F) of title 5, United States Code; review of orders of
tion for homicide or in a civil action or proceeding, a statement
the Secretary of Agriculture under section 2 of the Act entitled "An
made by a declarant while believing that his death was imminent,
Act to authorize association of producers of agricultural products"
concerning the cause or circumstances of what he believed to be
approved February 18, 1922 (7 U.S.C. 292), and under séctions 6 and
his impending death.
7(c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C.
(3) Statement against interest.-A statement which was at the
499f, naturalization and revocation of naturalization under
time of its making SO far contrary to the declarant's pecuniary
sections 310-318 of the Immigration and Nationality Act (8 U.S.C.
or proprietary interest, or SO far tended to subject him to civil or
1421-1429) prize proceedings in admiralty under sections 7651-7681
criminal liability, or to render invalid a claim by him against
of title 10, United States Code; review. of orders of the Secretary
another, that a reasonable man in his position would not have
of the Interior under section 2 of the Act entitled "An Act
H.R. 599
H.R. 599
10
11
authorizing associations of producers of aquàtic products" approved
form, as well as any copy thereof equally with the original, which is
June 25, 1934 (15 U.S.C. 522) review of orders of petroleum control
not in the United States shall, when duly certified as provided in sec-
boards under section 5 of the Act entitled "An Act to regulate inter-
tion 3494 of this title, be admissible in evidence in any criminal action
state and foreign commerce in petroleum and its products by
or proceeding in any court of the United States if the court shall find,
prohibiting the shipment in such commerce of petroleum and its
from all the testimony taken with respect to such foreign document
products produced in violation of State law, and for other purposes",
pursuant to a commission executed under section 3492 of this title, that
approved February 22, 1935 (15 U.S.C. 715d) ; actions for fines,
such document (or the original thereof in case such document is a
penalties, or forfeitures under part V of title IV of the Tariff Act of
copy) satisfies the [requirements of section 1732 of title 28] authenti-
1930 (19 U.S.C. 1581-1624), or under the Anti-Smuggling Act (19
cation requirements of the Federal Rules of Evidence, unless in the
U.S.O. 1701-1711) ; criminal libel for condemnation, exclusion of
event that the genuineness of such document is denied, any party to
imports, or other proceedings under the Federal Food, Drug, and
such criminal action or proceeding making such denial shall establish
Cosmetic Act (21 U.S.C. 301-392) : disputes between seamen under
to the satisfaction of the court that such document is not genuine.
sections 4079, 4080, and 4081 of the Revised Statutes (22 U.S.C.
Nothing contained herein shall be deemed to require authentication
256-258) ; habeas corpus under sections 2241-2254 of title 28, United
under the provisions of section 3494 of this title of any such foreign
States Code; motions to vacate, set aside or correct sentence under
documents which may otherwise be properly authenticated by law.
section 2255 of title 28, United States Code; actions for penalties for
refusal to transport destitute seamen under section 4578 of the Revised
§ 3492. Commission to consular officers to authenticate foreign
Statutes (46 U.S.C. 679) ; actions against the United States under the
documents.
Act entitled "An Act authorizing suits against the United States in
(a) The testimony of any witness in a foreign country may be taken
[admirality] admiralty for damage caused by and salvage service
rendered to public vessels belonging to the United States, and for
either on oral or written interrogatories, or on interrogatories partly
oral and partly written, pursuant to a commission issued, as herein-
other purposes", approved March 3, 1925 (46 U.S.C. 781-790), as im-
plemented by section 7730 of title 10, United States Code.
after provided, for the purpose of determining whether any foreign
documents sought to be used in any criminal action or proceeding in
any court of the United States are genuine, and whether the [require-
ments of section 1732 of Title 28] authentication requirements of the
Federal Rules of Evidence are satisfied with respect to any such docu-
SECTION 2076 OF TITLE 28, UNITED STATES CODE
ment (or the original thereof in case such document is a copy). Appli-
§ 2076. Rules of evidence
cation for the issuance of a commission for such purpose may be made
to the court in which such action or proceeding is pending by the
The Supreme Court of the United States shall have the power to
United States or any other party thereto, after five days' notice in
prescribe amendments to the Federal Rules of Evidence. Such amend-
ments shall not take effect until they have been reported to Congress
writing by the applicant party, or his attorney, to the opposite party,
or his attorney of record, which notice shall state the names and
by the Chief Justice at or after the beginning of a regular session of
addresses of witnesses whose testimony is to be taken and the time
Congress but not later than the first day of May, and until the expira-
tion of one hundred and eighty days after they have been SO reported;
when it is desired to take such testimony. In granting such application
the court shall issue a commission for the purpose of taking the testi-
but if either House of Congress within that time shall by resolution
mony sought by the applicant addressed to any consular officer of the
disapprove any amendment SO reported it shall not take effect. The
United States conveniently located for the purpose. In cases of testi-
effective date of any amendment so reported may be deferred by either
mony taken on oral or partly oral interrogatories. the court shall make
House of Congress to a later date or until approved by Act of Con-
provisions in the commission for the selection as hereinafter provided
gress. Any rule whether proposed or in force may be amended by Act
of Congress. Any provision of law in force at the expiration of such
of foreign counsel to represent each party (excent the United States)
time and in conflict with any such amendment not disapproved shall
to the criminal action or proceeding in which the foreign documents
be of no further force or effect after such amendment has taken effect.
in question are to be used, unless such party has, prior to the issuance
Any such amendment creating, abolishing, or modifying a privilege
of the commission, notified the court that he does not desire the selec-
shall have no force or effect unless it shall be approved by act of
tion of foreign counsel to represent him at the time of taking of such
Congress.
testimony. In cases of testimony taken on written interrogatories, such
provision shall be made only upon the request of any such party prior
to the issuance of such commission. Selection of foreign counsel shall
TITLE 18, UNITED STATES CODE
be made by the party whom such foreign counsel is to represent within
ten days prior to the taking of testimony or by the court from which
§ 3491. Foreign documents
such time.
the commission issued, upon the request of such party made within
Any book, paper, statement, record, account, writing, or other docu-
ment, or any portion thereof, of whatever character and in whatever
*
H.R. 599
H.R. 599
12
SECTION 16 OF THE FEDERAL RULES OF CRIMINAL
PROCEDURE
Rule 16. Discovery and Inspection
(a) DISCLOSURE OF EVIDENCE BY THE GOVERNMENT.
(1) * * *
*
*
*
*
*
*
*
[(4) Failure to Call Witness. The fact that a witness' name is on a
list furnished under this rule shall not be grounds for comment upon
failure to call the witness.
(b) DISCLOSURE OF EVIDENCE BY THE DEFENDANT.
(1) * * *
*
*
*
*
*
*
*
[(3) Failure to Call Witness. The fact that a witness' name is on a
list furnished under this rule shall not be grounds for comment upon
a failure to call a witness.]
*
*
*
*
*
*
*
H.R. 599
CORRECTED SHEET
H. R. 9915
Rinety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To make technical amendments to the Federal Rules of Evidence, the Federal
Rules of Criminal Procedure, and to related provisions of titles 18 and 28 of
the United States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Rules of Evidence (Public Law 93-595; 88 Stat. 1926 et seq.) are
amended as follows:
(1) In the table of contents, in the item relating to rule 106, by
striking out "on" and inserting "or" in lieu thereof.
(2) In the table of contents, in the item relating to rule 301, by
inserting "in" immediately after "general".
(3) In the table of contents, in the item relating to rule 405(a), by
inserting "or opinion" immediately after "Reputation" but before the
period.
(4) In the table of contents, by amending the item relating to rule
410 to read as follows:
"Rule 410. Inadmissibility of pleas, offers of pleas, and related statements.".
(5) In the table of contents in the item relating to rule 501, by
striking out General Rule. and inserting General rule. in lieu
thereof.
(6) In the table of contents, in the item relating to rule 608 (a), by
striking out "Reputation" and inserting "Opinion and reputation" in
lieu thereof.
(7) In the table of contents, in the item relating to rule 901 (b) (8),
by striking out "compilations" and inserting "compilation" in lieu
thereof.
(8) In the table of contents, in the item relating to rule 1101 (c), by
striking out "Rules" and inserting "Rule" in lieu thereof.
(9) By amending rule 410 to read as follows:
"Rule 410. Inadmissibility of Pleas, Offers of Pleas, and Related
Statements
"Except as otherwise provided in this rule, evidence of a plea of
guilty, later withdrawn, or a plea of nolo contendere, or of an offer to
plead guilty or nolo contendere to the crime charged or any other
crime, or of statements made in connection with, and relevant to, any
of the foregoing pleas or offers, is not admissible in any civil or
criminal proceeding against the person who made the plea or offer.
However, evidence of a statement made in connection with, and rele-
vant to, a plea of guilty, later withdrawn, a plea of nolo contendere,
or an offer to plead guilty or nolo contendere to the crime charged
or any other crime, is admissible in a criminal proceeding for perjury
or false statement if the statement was made by the defendant under
oath, on the record, and in the presence of counsel.".
(10) In the final sentence of rule 606(b), by striking out "what" and
inserting "which" in lieu thereof.
(11) In the catchline of rule 803 (23) by inserting a comma immedi-
ately after "family".
CORRECTED SHEET
H. R. 9915-2
(12) In the catchline of rule 804, by striking out the colon and insert-
ing a semicolon in lieu thereof.
(13) In the final sentence of rule 804(b) (3), by striking out "admis-
sable" and inserting "admissible" in lieu thereof.
(14) In rule 1101 (e), by striking out "admirality" and inserting
"admiralty" in lieu thereof.
SEC. 2. Section 2076 (relating to rules of evidence) of title 28 of the
United States Code is amended by inserting a period at the end
thereof.
SEC. 3. Section 3491 (relating to authentication of foreign docu-
ments) of title 18 of the United States Code is amended by striking out
"the requirements of section 1732 of title 28" and inserting "the authen-
tication requirements of the Federal Rules of Evidence" in lieu thereof.
SEC. 4. Section 3492(a) (relating to authentication of foreign docu-
ments) of title 18 of the United States Code is amended by striking
out "the requirements of section 1732 of title 28" and inserting "the
authentication requirements of the Federal Rules of Evidence" in lieu
thereof.
SEC. 5. The Federal Rules of Criminal Procedure (as amended by
the Federal Rules of Criminal Procedure Amendments Act of 1975)
are further amended by striking out paragraph (4) of rule 16(a) and
paragraph (3) of rule 16(b) ; by changing the reference to rule 4(b)
(1) in rule 9(b) (1) to rule (c) (1) ; and by changing the reference to
rule 4(c) (1), (2), and (3) in rule 9(c) (1) to rule 4(d) (1), (2), and
(3).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 4, 1975
Dear Mr. Director:
The following bill was received at the White
House on December 4th:
H.R. 9915
Please let the President have reports and
recommendations as to the approval of this
bill as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lymn
Director
Office of Management and Budget
Washington, D. C.