Court-Martial Trial Practice Blog
Rule 1102. Amendments. Amendments to the Federal Rules of Evidence shall apply to the Military Rules of Evidence 18 months after the effective date of such amendments, unless action to the contrary is taken by the President.
On September 19, 2008, Fed. R. Evid. 502, a new evidence rule concerning the attorney-client privilege and work-product doctrine, was enacted. See Pub. L. No. 110-322, 122 Stat. 3537.
Pending Rule Amendment: Fed. R. Evid. 804(b)(3) (Declarations Against Interest)
The amendment process for a potential new rule is already underway. On August 8, 2008, the U.S. Judicial Conference Committee on Rules of Practice and Procedure issued a draft amendment to Fed. R. Evid. 804(b)(3) for public comment. The public comment period ends by February 17, 2009.
The proposed amendment would clarify that the corroborating circumstances requirement under the rule applies to statements against penal interest introduced by the government. This requirement already applies to statements admitted by the defendant.