The Trial-Time/Forum Principle and the Nature of Evidence Rules

23 Pages Posted: 10 Mar 2008 Last revised: 9 Nov 2013

Alex Stein

Brooklyn Law School

Date Written: March 1, 2008

Abstract

This Article examines two principles that settle temporal and jurisdictional conflicts between evidentiary rules: the trial-time principle and the forum principle. Under the trial-time principle, evidentiary rules that exist at the time of the trial override rules that existed before trial when the relevant action or transaction took place. Under the forum principle, evidentiary rules of the court's jurisdiction override rules applicable in the jurisdiction in which the relevant action or transaction took place. These principles control the application of rules categorized as strictly evidentiary, as opposed to substantive. The Article explains, criticizes, and refines this categorization.

Keywords: evidence, trial-time principle, forum principle, substantive versus evidentiary rules

Suggested Citation

Stein, Alex, The Trial-Time/Forum Principle and the Nature of Evidence Rules (March 1, 2008). Current Trends in Criminal Procedure and Evidence: A Collection of Essays in Honor of Professor Eliahu Harnon 81-103 (Anat Horovitz & Mordechai Kremnitzer, eds. 2009), Cardozo Legal Studies Research Paper No. 220. Available at SSRN: https://ssrn.com/abstract=1103254 or http://dx.doi.org/10.2139/ssrn.1103254

Alex Stein (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States
718-780-0615 (Phone)

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