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Starting PointsEvidence Lawby Kara Phillips Evidence rules govern the admissibility of evidence in legal actions. The law of evidence has its basis in common law, but is now primarily codified in rules of court and statutes. Federal Courts adhere to the Federal Rules of Evidence (FRE). Two significant codifications preceded the current FRE: the Model Code of Evidence, promulgated by the American Law Institute in 1942 and Uniform Rules of Evidence (1953) and (1974), promulgated by the National Conference of Commissioners on Uniform State Laws and the American Bar Association. Although evidence law is mostly codified at the federal and state level, there is room for interpretation of the rules by the courts. About this Research GuideThis research guide is not intended to be comprehensive, but rather will list some of the major sources of law in the area and a variety of tools for the researcher to use when confronted with an evidence issue. Links in this research guide will take the researcher to information about the resource, and in some cases, will link to the full text of the resource. The titles of materials held in the Seattle University Law Library are linked to the bibliographic records in the library's catalog. The title or citation for web-based materials will be linked to the internet site where those materials or information about them may be found. Citations to materials that are available on WESTLAW, Lexis, or other databases, including cases, statutes, and law review articles of interest, may be linked to their source in one of those databases, and if so, will be available only to authorized users. Questions about the content of this page should be directed to Kara Phillips. Statutes / FederalFederal Rules of Evidence (proposed, pending and approved) For a detailed discussion of the rule making process, see Rulemaking Process - Introduction: A Summary for Bench and Bar. In addition to the electronic sources noted above, the FRE is codified at 28 USC Rules Appendix. The text can be located in Federal Civil Judicial Procedure and Rules, KF8816.A193, Open Reserve or Federal Criminal Code and Rules, KF9606.99.D567, Open Reserve. Statutes / WashingtonIn addition to the electronic source noted above, the text can be located in Washington Court Rules - State, KFW529.A317A2, Open Reserve. For amendments, adoptions or rescissions to the Washington Rules of Evidence, consult the Washington Reports Official Advance Sheets, Reference, Open Reserve & 4th Floor. Cases and Case FindingFederal Rules of Evidence Service, KF8935.F4, Reference - Contains cases interpreting FRE. The text of cases is in abbreviated form, emphasizing evidentiary issues. Provides table of FRE sections and the cases which reference them. Updated by monthly advance sheets. Its companion, the Federal Rules of Evidence Digest compiles and summarizes cases interpreting the FRE. Updated by pocket parts. The Finding Aids Binder has the full text of the FRE with Advisory Committee and other explanatory notes, subject matter indices and cumulative table of cases. Federal Research Coordinator, KF8810.F43, Reference - Organized by rule number under the Federal Rules of Evidence, Rules of Civil Procedure and Rules of Appellate Procedure, this guide references key numbers in the West Federal Practice Digest to retrieve relevant cases. It also provides quick access to the appropriate volumes and section numbers of other West federal research publications such as Federal Procedure, Federal Practice and Procedure, Federal Procedural Forms, and West's Federal Forms. American Law Reports, 3rd Floor - Using A.L.R. annotations (now in a 5th edition) can save research time. The series editor begins by selecting a key case in a growing area of law and then writes an annotation. The essay which results comments on the points of law raised in that case by exploring related decisions from all over the country. The footnotes, law review, and treatise references offer a good launching point for research. Don’t forget to look at the corollary references if the annotation you are examining is not exactly on point. The American Law Reports are available through Lexis (ALR;ALR) and WESTLAW (ALR). You can manually search for evidence-related topics by using the headings "Evidence", "Evidence Rules" or more specific topics like "Dying Declarations" in the ALR Index located at the end of the sets in the library. The ALR Index Tables volume has a handy table of the FRE and applicable ALR annotations. Shepard's Federal Rules Citations, KF8816.A23S54, Reference - Provides comprehensive case citations to the Federal Rules of Evidence and other federal rules. Annotated codes - To find cases interpreting the FRE, consult 28 USCA Rules Appendix or 28 USCS Rules Appendix. Washington Court Rules Annotated, KFW529.A2, Open Reserve - Contains citations to cases and other materials referencing the Washington State Rules of Evidence. BooksFor a general overview: Evidence : Essential Terms
and Concepts / Mark Reutlinger, KF8935.R46 1996, Open Reserve For more detailed treatment: Evidence in Trials at Common Law / John Henry Wigmore et al., KF8935.L46 1996, Reference - A massive scholarly work on the general law of evidence. Professor Wigmore was a leading authority on evidence and a prolific writer in the field. This work was the culmination of his research and writing. It is updated and revised by various legal scholars. This multi-volume work contains commentary on all aspects of evidence law and theory with detailed references to primary and secondary authority. There is a table of Statutes and Cases cited as well as a Table of Authors cited. The set is updated by an annual supplement. Due to the significance of this work, the library maintains copies of previous editions. Federal Evidence / Christopher Mueller, Laird Kirkpatrick, KF8935.L68 1994, 4th Floor - Primarily a practitioner-oriented set focusing on the FRE and the common law for those areas not addressed by the FRE. Citations are to current and leading cases and are not intended to be exhaustive. Updated by pocket parts. Federal Practice and Procedure / Charles Alan Wright et al., KF8840.W68, Reference - A prominent and scholarly work on the topic of federal procedure, volumes 21 - 30 analyze the FRE. The evidence volumes contain an in-depth analysis of the codification and construction of the FRE, along with the text of the rule, advisory committee notes, legislative history, and footnotes to pertinent case law. Updated by pocket parts. Federal Rules of Evidence Manual : a Complete Guide to the Federal Rules of Evidence / Stephen A. Saltzburg et al.,KF8935.S2 1998, 4th Floor - This set provides a detailed study of the FRE. For each rule, there are conveniently organized sections containing the official text, editorial analysis, case annotations, and legislative history. Updated by pocket parts. Jones on Evidence, Criminal and Civil / Burr Jones, Clifford Fishman, KF8935.J62 1992, Reference - This set has a practitioner focus and does not include the lengthy annotations in Wigmore and Weinstein. It compares and discusses the FRE, the state evidentiary rules and the Uniform Rules of Evidence. Additionally, it covers developing areas of law such as expert testimony, scientific evidence, and electronic surveillance. Updated by pocket parts. Weinstein's Federal Evidence: Commentary on Rules of Evidence for the United States Courts / Jack B.Weinstein et al., KF8935.W39 1997, Reference - A core work on the Federal Rules of Evidence, the set is organized by rule number with the text of each rule, comments and analysis, legislative history, advisory committee notes, secondary sources, state adaptation, and comprehensive citations to federal and state cases construing the rules. There is an index, table of statutes and rules, table of cases, and table of secondary materials referenced. The set is updated by new looseleaf filings.: For subject-specific treatment: Art of Advocacy: Demonstrative
Evidence / Ashley S. Lipson, KF8967.L56 1988, 4th Floor For Washington Treatment: Courtroom Handbook on
Washington Evidence, KFW80.W32 v.5D, Open Reserve Finding Additional MaterialsSupplementary resources in our collection can be located by using the Research Portal, our catalog of print and non-print resources. Guides on Search Tips, Keyword Searching, and Limiting a Search will show you how to use the catalog to the best advantage. Using Library of Congress subject headings will help you systematically locate materials. Some suggested headings are: Evidence
Law Periodical ArticlesLaw reviews and journals reflect the latest thinking on topical issues. All current periodicals are kept in open reserve on the second floor of the law library. Older, bound volumes are located on the Court level which is reached by the elevator inside the library. To find articles on particular topics use Current Law Index (CLI), Index to Legal Periodicals (ILP), Current Index to Legal Periodicals (CILP) and the Index to Foreign Legal Periodicals (IFLP) located at Reference in the library. For law school students, the indices are available on Lexis and/or WESTLAW (please note: the online version of CLI is Legal Resources Index (LRI). Non-law Seattle University students can search the Index to Legal Periodicals and Index to Foreign Legal Periodicals online via Internet databases. Additionally, here are a couple of specialized sources which might prove useful: Federal Rules of Evidence News, Open Reserve - Contains summary and commentary on cases and legislation pertaining to the Federal Rules of Evidence. Tegland's Litigation Today, Open Reserve - Discusses recent Washington cases dealing with evidence issues and their implications. Web sitesEvidence: An Overview - Hosted by the Legal Information Institute at Cornell Law School, this site contains links to federal and state rules. Federal Judiciary Home page - This site contains the current FRE, proposed amendments submitted for public comment, and approved proposed amendments pending review by the Supreme Court and Congress. Washington State Courts Home page - This site contains the text of the Washington rules of evidence. It is important to read the disclaimer page for currency of the rules. Last Updated: May 1, 2000 |
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