The Online Encyclopedia and Dictionary







This is the most common use of "evidence." For the science fiction short story by Isaac Asimov, see Evidence (Asimov). For the file-manager, see Enlightenment (X window manager).

Evidence is:

Evidence - law

In the United States

Federal Courts

Prior to the 1975 enactment of the Federal Rules of Evidence (FRE), the rules of evidence were governed primarily by a chaotic body of case law at both the federal and state levels. The FRE and its state counterparts were mostly inspired by the California Evidence Code, which had been enacted in 1872.

The success of the CEC stimulated the U.S. Supreme Court into promulgating drafts of the FRE in 1969, 1971 and 1972; Congress then exercised its right under the Rules Enabling Act to suspend implementation of the FRE until it could study them further. After a long delay blamed on the Watergate scandal, Congress finally allowed the FRE to become federal law in 1974.

FRE 102 includes the following elements in the "Purpose and Construction" of the Federal Rules of Evidence : "These rules shall be construed to..."

  • secure fairness in administration
  • eliminate unjustifiable expense and delay
  • promote growth and development of the law of evidence to the end that the truth may be ascertained, and proceedings justly determined

The following is the table of contents of the FRE:

I. General Provisions

  • Rule 101: Scope
  • Rule 102: Purpose and Construction
  • Rule 103: Rulings on Evidence
  • Rule 104: Preliminary Questions
  • Rule 105: Limited Admissibility
  • Rule 106: Remainder of or Related Writings or Recorded Statements

II. Judicial Notice

  • Rule 201: Judicial Notice of Adjudicative Facts

III. Presumptions in Civil Actions and Proceedings

  • Rule 301: Presumptions in General Civil Actions and Proceedings
  • Rule 302: Applicability of State Law in Civil Actions and Proceedings

(to be cont.)

See also: Law, Affidavit, Circumstantial evidence, Corroborating evidence, Rebuttal, chain of custody, Forensic evidence

Last updated: 06-01-2005 23:20:40
The contents of this article are licensed from under the GNU Free Documentation License. How to see transparent copy