California Law Revision Commission

Conforming Evidence Code to Federal Rules

    The Commission is conducting a study comparing the Evidence Code with the Federal Rules of Evidence. This is a multi-year project. The focus of the study is on distinctions between corresponding provisions of the Evidence Code, the Federal Rules of Evidence, and the Uniform Rules of Evidence. Due to limited resources, the Commission does not plan to investigate other issues relating to these provisions unless they are brought to the Commission's attention.
    The Commission is assisted in this study by Professor Miguel Méndez of Stanford Law School. Prof. Méndez is preparing a background study for the Commission, which will consist of eight parts:

(1) Hearsay and Its Exceptions

(2) Expert Testimony and the Opinion Rule

(3) The role of judge and jury

(4) Evidence excluded by extrinsic policies

(5) Presumptions and burdens of proof

(6) Authentication and the best evidence rule

(7) Competency of witnesses and witness credibility

(8) Judicial notice
 

    The first two parts are complete (see below); the remainder are in progress. The Commission has begun to consider the hearsay issues and is working towards a tentative recommendation covering some or all of those issues.
    If you have questions or comments on this study, send email to Barbara Gaal at bgaal@clrc.ca.gov.

Related Material

• Commission Decisions (Meeting Minutes)
• Staff Memoranda
• Background Study
• Subscribe to Receive Notice of New Materials

Meeting Minutes

• November 21, 2003 Meeting in Burbank
• September 18-19, 2003 Meeting in Burbank
• March 7, 2003 Meeting in Sacramento
• September 13, 2002 Meeting in San Francisco

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Staff Memoranda

• Memo 2003-39, Supp. 1 -- Conforming the Evidence Code to the Federal Rules of Evidence: Comments of Professor Méndez (11/18/2003)

   

• Memo 2003-39 -- Conforming the Evidence Code to the Federal Rules of Evidence: Additional Hearsay Issues (10/30/2003)

   

• Memo 2003-26, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Input of State Bar Trusts and Estates Section on Evidence Code Section 1260 (9/15/2003)

   

• Memo 2003-26 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (8/4/2003)

   

• Memo 2003-7, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (2/28/2003)

   

• Memo 2003-7 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (2/25/2003)

   

• Memo 2002-56, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Comments of Prof. Mendez Regarding Dying Declarations (11/4/2002)

   

• Memo 2002-56 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (10/29/2002)

   

• Memo 2002-41, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Comments of Professor Slomanson (9/12/2002)

   

• Memo 2002-41 -- Comparison of Evidence Code with Federal Rules: Introduction of Study and Definition of Hearsay (8/29/2002)

   

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Background Study

• Background Study -- Comparison of Evidence Code with Federal Rules: Part I. Hearsay and Its Exceptions; Prof. Miguel A. Méndez (May 2002, Corrected Oct. 2003)

   

• Background Study -- Comparison of Evidence Code with Federal Rules: Part I. Hearsay and Its Exceptions; Prof. Miguel A. Méndez (May 2002)

   

• Background Study -- Comparison of Evidence Code with Federal Rules: Part II. Expert Testimony and the Opinion Rule; Prof. Miguel A. Méndez (May 2002)

   

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