Foreword After extensive hearings and deliberations, the Subcommittee on Criminal Justice developed a Committee Print of H.R. 5463, a bill to "establish the Federal Rules of Evidence, and for other purposes." The Subcommittee circulated this Committee Print, dated June 28, 1973, nationwide for comment. Views were solicited from the Bar Association of each of the fifty states and the District of Columbia, the Department of Justice, the Supreme Court and the Judicial Conference, and all individuals and organizations of whose interest the Subcommittee was aware. The text of the Print was inserted in the Congressional Record, two days earlier, on June 26, 1973. On July 17, 1973 the Print was published in the U.S. Law Week, and on July 18, 1973 it appeared in The Criminal Law Reporter. The West Publishing Company reprinted it in the U.S. Code Congressional and Administrative News on August 10, 1973. Many valuable comments, suggestions, and observations were received by the Subcommittee as a result of this wide circulation. For the most part, these appear in this supplement following the June Print. The material preceding the June Print consists mainly of documents received prior to June 28, 1973, but not printed in the original volume of the hearings. On October 10, 1973, the Subcommittee published a second Committee Print. This Print represents the final action of the Subcommittee taken in five markup sessions at which the comments received on the earlier Print were considered. The October 9, 1973 Print, beginning on page 357, concludes this supplement. In sum, this supplement together with the original hearings contains all of the testimony and materials considered by the Subcommittee in its six days of hearings, the seventeen markup sessions leading to the development of the Committee Print of June 28, 1973, and the five subsequent markup sessions this Fall culminating in the Print of October 10, 1973. As Chairman of the Subcommittee, I wish to express my thanks to the members of the Subcommittee and the staff for their diligent attention to this very important work, and to the many individuals. and organizations whose testimony and written submissions were of immeasurable assistance. A special word of tribute to the committees of the Judicial Conference which developed the proposed rules that served as our starting point. Their encouragement and advice contributed much to the Subcommittee's work. Finally, our thanks to Professor Edward W. Cleary, Reporter of the Advisory Committee on Rules of Evidence, whose counsel during our deliberations was always cheerfully available. Within Z. Kungate Chairman, Subcommittee on Criminal Justice. CONTENTS Ackroyd, Gilbert G., executive director, Pennsylvania Bar Institute, Agnor, William H., professor of law, Emory University, July 26, 1973- Bass, Dennis R., coordinator, Environmental Action Fund, July 11, Becker, William H., judge and chairman of the Board of Editors, Blair, John A., attorney, August 21, 1973. Blanchard, Karl W., Missouri Bar Civil Practice and Procedure Com- Page 237 192 250 206 238 192 328 219 Bucklin, Leonard H., chairman, North Dakota State Bar Association 185 Burdick, Eugene A., Judge, Fifth Judicial District, State of North 220 Burns, Kenneth J., Jr., secretary, American Bar Association, Septem- 337 Callahan, John J., attorney, July 27, 1973. 241 Carey, William A., general counsel, Equal Employment Opportunity 311 July 5, 1973__ 190 Clare, Robert L., Jr., chairman, New York Committee of Trial Law- 190 Correspondence-Centinued Connally, Ben C., judge, Southern District of Texas, July 24, 1973- Page 228 257 Davidson, John L., Jr., attorney, July 25, 1973-August 8, 1973--- 234, 317 August 7, 1973.. 312 Dennis, David W., a Representative in Congress from the State of 217 Doyle, Charles, legislative attorney, August 20, 1973- 318 Dunham, Corydon B., vice president and general counsel, National 200 Dungan, Malcolm T., attorney, July 24, 1973- 229 Dwyer, Jean F., U.S. Magistrate, U.S. District Court, District of 82 Fellers, James A., American Bar Association, July 26, 1973- - Foley, William E., secretary, Committee on Rules of Practice and Frampton, George T., Washington Council of Lawyers, April 13, 1973- Friendly, Henry J., Judge, U.S. Court of Appeals for the Second Gaucher, Harry S., Jr., president, Connecticut Bar Association, 273 July 30, 1973_ . 258 Graham, Kenneth W., Jr., professor of law, University of California Hancock, Ed. W., Attorney General, State of Kentucky, July 20, 1973- 216 1973... 214 Horning, George D., professor of law, American University, July 10, 191 Howard, Dr. Ernest B., executive vice president, American Medical 281 Knibb, David G., attorney, August 22, 1973. 329 Knox, William W., judge, U.S. District Court, Western District of 303 Koch, Francis E., attorney, June 13, 1973_ 104 Krattenmaker, Thomas G., associate professor of law, Georgetown 207 McRae, Robert M., Jr., judge, U.S. district court, Memphis, August Maris, Judge Albert B., chairman, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States- Martell, Frank J., president, District of Columbia Defense Lawyers McCarthy, Joseph S., chairman, Study Committee on Federal Rules of Evidence of the District of Columbia Bar, July 31, 1973.. McClellan, Hon. John L., a U.S. Senator from the State of Arkansas- McGinniss, Frederick, commissioner, State of Alaska, Department 215 331 Meserve, Robert W., president, American Bar Association, June 20, 116 Moore, Dr. Burness E., president, the American Psychoanalytic Reutlinger, Mark, attorney, July 30, 1973– 242 |