Document Type

Article

Publication Date

2012

First Page

14

Volume

38

Issue

December-January

Source Publication Abbreviation

Mont. Law.

Abstract

This article traces the history of the wholesale revision of Montana's evidence rules that stemmed from a corresponding changes in the Federal Rules of Evidence (FRE) in 1975. The article begins discussion with the appointment of the Montana Supreme Court Commission on the Rules of Evidence in 1974 and continues to the adoption of the new Montana Rules of Evidence (MRE) effective January 1977.

The author points out that the current version of the MRE is substantively identical to the 1977 version. By contrast the FRE has gone through twenty separate, substantive amendments. The author suggests that the drastic difference in pace of change may have erected gaps between the two systems and thus it may be time to conduct a line-by-line review of the MRE to bring it back into conformity with the current FRE.

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