Evidence Rules Committee Approved Proposed New Evidence Rule 502

At its April 12-13, 2007, meeting, the Advisory Committee on Evidence Rules considered public comments on proposed new Evidence Rule 502, which was published for comment in August 2006. The advisory committee approved the proposed new rule, with modifications. The advisory committee will transmit the proposed new rule to the Committee on Rules of Practice and Procedure with a recommendation that it be approved and transmitted to the Judicial Conference for its consideration.

The advisory committee also approved sending a report to Congress, suggesting that it is neither necessary nor desirable to amend the Federal Rules of Evidence to make the confidential marital communications privilege and the adverse spousal privilege inapplicable “in any Federal proceeding in which a spouse is charged with a crime against . . . (1) a child of either spouse; or (2) a child under the custody or control of either spouse,” as required by the Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. No. 109-248).

Finally, the advisory committee also approved proceeding with the restyling of the Federal Rules of Evidence. The advisory committee's report to the Standing Rules Committee can be accessed by clicking on this link, www.uscourts.gov/Reports/EV05-2007.pdf.

Thanks to Mark Herrmann of Jones Day for the tip.