What Rights Do.I.Have As A 16 Yr Old In Maryland Hooray for the Federal Rules of Evidence!

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Hooray for the Federal Rules of Evidence!

The Federal Rules of Evidence used in the US federal courts and adopted by many states and the military are a codification of many years of common law evidentiary rules. The development of the modern rules of evidence was a process of nothing more than putting old wine into new bottles. If one can understand common law notions of evidence, the Federal Rules will be easy to understand.

The purpose of the Federal Rules of Evidence is to ensure fairness in the administration of trials; eliminate unjustified expenses and delays; and promote the growth and development of the law of evidence so that truth can be ascertained and proceedings justly determined. As a former attorney and current law school professor who teaches the rules of evidence to students, I view the Federal Rules of Evidence, adopted by Congress in 1975, as a masterful work of putting the old common law wine into a new bottle. I have used the Federal Rules of Evidence throughout my career.

This article is not about any specific common law rule or rules that may have been put into the new bottle known as the Federal Rule of Evidence. Instead, I write this to show how influential and widespread the use of the rules was. Forty-four states, Guam, Puerto Rico, the Virgin Islands, and the military have all adopted all or parts of the Federal Rules for use in their court systems. This is a very good trend because the obvious rules of most states will be roughly the same throughout the United States.

The following paragraphs provide background information on the jurisdictions that have adopted rules of evidence under the Federal Rules. They include information about the date the local rules came into force and when they have been changed, if at all:

ALABAMA. Adopted by the Alabama Supreme Court effective January 1, 1996. No amendments.

ALASKA. Adopted by the Alaska Supreme Court effective August 1, 1979. Last amended October 15, 2003.

ARIZONA. Adopted by the Arizona Supreme Court effective September 1, 1977. Last amended June 1, 2004.

ARKANSAS. Adopted by the Arkansas Supreme Court effective October 13, 1986. Last amended January 22, 1998.

COLORING. Adopted by the Colorado Supreme Court Effective January 1, 1980. Last amended July 1, 2002.

CONNECTICUT. Adopted by the justices of the Connecticut Supreme Court effective January 1, 2000. No amendments.

DELAWARE. Adopted by the Delaware Supreme Court effective February 1, 1980. Last amended December 10, 2001.

FLORIDA. The Florida Evidence Code was enacted by the Florida Legislature effective July 1, 1979. Most recent amendment July 1, 2003.

GEORGIA. Governor Nathan Deal signed a House bill that made the Georgia rules effective January 1, 2013. No amendments.

GUAM. Adopted by the Guam Judicial Council effective November 16, 1979. Last amended July 18, 2003.

HAWAII. Enacted by the Hawaii Legislature effective January 1, 1981. No amendments.

IDAHO. Adopted by the Idaho Supreme Court effective July 1, 1985. No amendments.

ILLINOIS. Adopted by the Illinois Supreme Court effective January 1, 2011. No amendments.

INDIAN. Adopted by the Indiana Supreme Court effective January 1, 1994. Last amended January 1, 2004.

IOWA. Adopted by the Iowa Supreme Court effective July 1, 1983. Last amended February 15, 2002.

KENTUCKY. Enacted by the Kentucky Legislature effective July 1, 1992. Last amended July 1, 2003.

LOUISIANA. Enacted by the Louisiana Legislature effective January 1, 1989. Last amended August 15, 2003.

MAINE. Adopted by the Maine Supreme Judicial Court effective February 2, 1976. Last amended July 1, 2002.

MARILAND. Adopted by the Maryland Court of Appeals effective July 1, 1994. Last amended January 1, 2004.

MICHIGAN. Adopted by the Michigan Supreme Court effective March 1, 1978. Last amended January 1, 2004.

MINNESOTA. Adopted by the Minnesota Supreme Court effective April 1, 1977. Last amended January 1, 1990.

MISSISSIPPI. Adopted by the Mississippi Supreme Court effective January 1, 1986. Last amended May 27, 2004.

MONTANA. Adopted by the Montana Supreme Court effective July 1, 1977. Last amended October 18, 1990.

NEBRASKA. Enacted by the Nebraska Legislature effective December 31, 1975. Last amended July 13, 2000.

NEVADA. Enacted by the Nevada Legislature effective July 1, 2004. No amendments.

NEW HAMPSHIRE. Adopted by the New Hampshire Supreme Court effective July 1, 1985. Last amended January 1, 2003.

NEW JERSEY. Adopted by the New Jersey Supreme Court and the New Jersey Legislature through joint procedure effective July 1, 1993. Last amended July 1, 1993.

NEW MEXICO. Adopted by the New Mexico Supreme Court effective July 1, 1973. The latest amendment became effective February 1, 2003.

NORTH CAROLINA. Enacted by the North Carolina Legislature effective July 1, 1984. Last amended October 1, 2003.

NORTH DAKOTA. Adopted by the North Dakota Supreme Court effective February 15, 1977. Last amended March 1, 2001.

OHIO. Adopted by the Ohio Supreme Court effective July 1, 1980. Last amended July 1, 2003.

OKLAHOMA. Enacted by the Oklahoma Legislature effective October 1, 1978. Last amended November 1, 2003.

OREGON. Enacted by the Oregon Legislature effective January 1, 1982. Last amended July 3, 2003.

PENNSYLVANIA. Adopted by the Pennsylvania Supreme Court effective October 1, 1998. Last amended January 1, 2002.

PUERTO RICO. Enacted by the Puerto Rico Legislature effective October 1, 1979. Last amended August 30, 1999.

RHODE ISLAND. Adopted by the Rhode Island Supreme Court effective October 1, 1987. No amendments.

SOUTH CAROLINA. Enacted by the South Carolina Legislature effective September 3, 1995. No amendments.

SOUTH DAKOTA. Enacted by the South Dakota Legislature effective July 1, 1978. No amendments.

TENNESSEE. Adopted by the Tennessee Supreme Court effective January 1, 1990. Last amended July 1, 2003.

TEXAS. Adopted by the Texas Supreme Court effective March 1, 1998. No amendments.

UTAH. Adopted by the Utah Supreme Court effective September 1, 1983. Last amended November 1, 2004.

VERMONT. Adopted by the Vermont Supreme Court effective April 1, 1983. Last amended May 27, 2003.

WASHINGTON. Adopted by the Washington Supreme Court effective April 2, 1979. Last amended September 1, 2003.

WEST VIRGINIA. Adopted by the West Virginia Supreme Court effective February 1, 1985. Last amended January 1, 1995.

WISCONSIN. Adopted by the Wisconsin Supreme Court effective January 1, 1974. Last amended March 30, 2004.

Wyoming. Adopted by the Wyoming Supreme Court effective January 1, 1978. Last amended February 28, 1995.

THE WAR. The Army Rules of Evidence were adopted by Executive Order No. 12,198 on March 12, 1980. Most recently amended by Executive Order No. 13,262 on April 11, 2002.

THE Commonwealth of the Northern Mariana Islands. No date of adoption found.

THE US VIRGIN ISLANDS. No date of adoption found.

What an impressive list of adoptions and enactments under the Federal Rules of Evidence! Several jurisdictions have not adopted rules of evidence based on the Federal Rules of Evidence. They are: California, the District of Columbia, Kansas, Massachusetts, Missouri, New York and Virginia.

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