Evidence and the New Federal Rules of Civil Procedure

IN DRAFTING the new rules for civil procedure in the federal courtsthe Supreme Court's committee has dealt sparingly with the law ofevidence. Rule 44 as set out in the committee's report is designed primarilyto clear up the confusion which has existed heretofore with regardto the applicability of state rules of evidence in the federal courts andto avoid any further confusion which might arise from the union oflaw and equity under the new rules. Of the several possible methods oftreating these problems, that chosen by the committee is, it is submitted,best adapted to the situation. A thorough-going revision of the law ofevidence resulting in a code which is substantially complete probably isnot desirable in any case, certainly not in this. A single general rule,such as one requiring conformity to state law on all matters of evidence,would aid in alleviating the confusion; but to adopt a rule of thisnature would be to lose an excellent opportunity for eliminating someof the worst features of the present law of evidence. The alternativefollowed by the committee is to propose a few rules for specific instancesand a general one to cover the great body of evidence questions.