News & Analysis as of

Federal Rules of Evidence Hearsay Exceptions

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126.  Broad...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Opposes CVC's Motion to Exclude Evidence and CVC Files Reply

Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and...more

Butler Snow LLP

Revisions to Rule 807’s “Residual Hearsay Exception” Modify Trustworthiness and Notice Requirements

Butler Snow LLP on

Federal court practitioners should be aware that, as of December 1, 2019, the Federal Rules of Evidence’s “Residual Hearsay Exception,” Rule 807, has been revised. The revisions are intended to create a more uniform standard...more

Holland & Knight LLP

Amendment to Residual Exception to Broaden Scope of Admissible Hearsay Evidence

Holland & Knight LLP on

The Federal Rules of Evidence usually deem all hearsay – out-of-court statements offered to prove the truth of the matter asserted – inadmissible unless the statement falls into one of the hearsay exceptions contained in...more

Husch Blackwell LLP

Changes To Federal Rules Of Evidence Broaden Hearsay Exception

Husch Blackwell LLP on

The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which may lead to the...more

Butler Snow LLP

Revisions to the Residual Exception Contained in Federal Rule of Evidence 807 Seek to Provide Clarity and Uniformity

Butler Snow LLP on

The residual exception in Federal Rule of Evidence 807 provides a vehicle for the admission of hearsay statements that are not otherwise admissible under Rule 803 or 804. As the Fifth Circuit has observed, though, the...more

Jones Day

PTAB Webinar Addresses Hearsay and Authentication Issues

Jones Day on

On December 6, 2018, the PTAB hosted a Boardside Chat webinar on hearsay and authentication. The Administrative Patent Judges presenting the webinar were Michael Zecher, Tom Giannetti, and Grace Obermann. The webinar began...more

BakerHostetler

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

BakerHostetler on

Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic...more

Burr & Forman

US 9th Circuit Holds Google Beyond Question: Map Tack Not Hearsay

Burr & Forman on

A Ninth Circuit Panel held that a GPS location tack generated out of court on a Google-Maps satellite image is not hearsay under the Federal Rules of Evidence. In an immigration prosecution, the location of the arrest...more

Bradley Arant Boult Cummings LLP

Admitting corporate records under the Business Records Exception to the Hearsay Rule: Lessons from Florida

The party who seeks to utilize the Business Records Exception must come to trial with a witness who is competent and prepared to lay an appropriate foundation. Introduction - Under the Federal Rules of Evidence...more

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