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2024 Amendments to the Federal Rules of Evidence: New Rule 107, Illustrative Aids, Summaries, and Hearsay Exceptions

Understanding the Amendments, Updating Best Trial Practices, and Avoiding Potential Pitfalls From Unanswered Questions

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 18, 2025 (in 13 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, February 7, 2025

or call 1-800-926-7926
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This CLE webinar will offer guidance on the 2024 amendments to the Federal Rules of Evidence (613, 801, 804, and 1006), paying particular attention to new FRE 107. The program will review what the amendments say and do, discuss what adjustments trial attorneys will need and want to make, and offer insights into avoiding potential pitfalls caused by unanswered questions.

Description

The biggest change brought about by the amendments, effective Dec. 1, 2024, is the new FRE 107. Rule 107 states that "illustrative aids" that merely help the jury understand evidence are not themselves evidence and should not be sent into jury deliberations. It also incorporates a utility-undue prejudice balancing test. Rule 107, however, does not assist counsel in determining whether a particular item is in fact substantive evidence or just an illustrative aid. The rule leaves many questions unanswered and the distinction has a significant impact on discovery, notice obligations, and how much judicial scrutiny an "aid" receives before the jury can see it.

Amended FRE 1006 acknowledges that a summary of otherwise admissible but voluminous documents is itself admissible evidence governed by Rule 1006, while an illustrative summary that merely helps the trier of fact to understand admissible evidence is not admissible but governed by new Rule 107. Amended FRE 613(b) changes the logistics of introducing extrinsic evidence of prior inconsistent statements. Amendments to FRE 801(d)(2) and 804(b)(3) clarify and expand certain hearsay exemptions.

Listen as this panel of experienced litigators guides counsel through the Dec. 1, 2024, amendments to the Federal Rules of Evidence and identifies new issues to consider.

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Outline

  1. New Rule 107
    1. Role of visual aids at trial
    2. Discovery
    3. Juror access
    4. Governing standards
    5. Distinguishing between an illustrative aid and demonstrative evidence
    6. Key issues
  2. Other amendments
    1. FRE 1006
    2. FRE 613(b)
    3. Hearsay exceptions: FRE 801(d)(2) and 804(b)(3)

Benefits

The panel will review these and other key issues:

  • Factors that distinguish an illustrative aid under FRE 107 and demonstrative evidence
  • Impact of amendments to FRE 801 on bankruptcy trustees, receivers, and other representative parties
  • Ways to ensure that juries do not rely on illustrative aids for improper purposes

Faculty

Campbell, Christopher
Christopher G. Campbell
Partner
DLA Piper

Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases...  |  Read More

Fradette, Jacquelyn
Jacquelyn E. Fradette
Attorney
Sidley Austin

Ms. Fradette is a complex civil litigator who represents clients in all areas of trial litigation. Her experience...  |  Read More

Miller, Colin
Professor Colin Miller
Professor of Law
University of South Carolina School of Law

Professor Miller is the creator and Blog Editor of EvidenceProf Blog, which addresses recent developments in...  |  Read More

Attend on February 18

Early Discount (through 02/07/25)

Cannot Attend February 18?

Early Discount (through 02/07/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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