The Case for eHearsay
19 Pages Posted: 11 Dec 2014
Date Written: December 10, 2014
This Essay is a contribution to the “Symposium on the Challenges of Electronic Evidence” convened in April 2014 by the Advisory Committee on the Federal Rules of Evidence. The Essay illustrates the application of a proposal, under consideration by the Committee, for a hearsay exception for Recorded Statements of Recent Perception. It also responds to concerns about the proposal raised by Professors Paul Shechtman and Colin Miller, and situates the proposal in the context of broader calls for hearsay reform by Judge Richard Posner and others.
Keywords: hearsay, electronic evidence
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