These rules may be amended as provided in 28 U.S.C. § 2072.
Summary and Explanation
Federal Rule of Evidence 1102 pertains to the process of amending the Federal Rules of Evidence. Here’s a summary and explanation:
Content of the Rule: Rule 1102 states that any amendment to the Federal Rules of Evidence must be made by the Supreme Court of the United States. The amendment process follows a specific procedure:
- Proposal and Review: An amendment is proposed and initially reviewed by the Judicial Conference of the United States. This body consists of judges and legal experts who evaluate the need and implications of any proposed changes.
- Supreme Court Approval: After review by the Judicial Conference, the proposed amendment is submitted to the Supreme Court. The Supreme Court must approve any changes to the rules.
- Congressional Approval: Once the Supreme Court approves an amendment, it is transmitted to Congress. The amendment becomes effective unless Congress enacts legislation to reject, modify, or defer it.
Purpose and Application:
- The rule establishes a structured and deliberative process for amending evidence rules, involving multiple levels of review and approval.
- This process ensures that changes to the rules are thoroughly considered and vetted by both the judicial and legislative branches of government.
Scope:
- The rule applies to all amendments to the Federal Rules of Evidence, encompassing changes to existing rules or the addition of new rules.
In essence, Federal Rule of Evidence 1102 provides a clear and formal procedure for amending the rules that govern the use of evidence in federal courts. This process ensures that any changes are made thoughtfully, with input from various legal authorities, and with oversight from both the judicial and legislative branches, maintaining the integrity and efficacy of the legal system.
History
(Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1948; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 26, 2011, eff. Dec. 1, 2011.)
Notes of Advisory Committee on Rules—1991 Amendment
The amendment is technical. No substantive change is intended.
Committee Notes on Rules—2011 Amendment
The language of Rule 1102 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.