
Amendments to the evidence rules took effect December 1. There is a new rule for illustrative aids that are not summary evidence. Important changes to existing rules are in bold. Here is the full text. https://www.govinfo.gov/content/pkg/CDOC-118hdoc126/pdf/CDOC-118hdoc126.pdf Know the rules!
Rule 106 – Illustrative Aids – new rule
Can use them if helps jury understand, no unfair prejudice or confusion
Cannot go to jury room unless all parties consent or court orders it
Should be made part of the record when practicable
Doesn’t cover summaries of voluminous evidence – see Rule 1006
Rule 613 – witness’s prior statement
Extrinsic evidence of a prior inconsistent statement is not admissible until after witness examined by adverse party and has opportunity to explain (unless the judge orders otherwise)
Rule 801(E) – exclusions from hearsay
“If a party’s claim, defense, or potential liability is directly derived from a declarant or the declarant’s principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party.”
Rule 804(b)(3)(B) – exceptions to hearsay rule when declarant unavailable
“if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its trustworthiness, after considering the totality of the circumstances under which it was made and any evidence that supports or undermines it.”