The Federal Rules of Evidence (FRE) 39

The Federal Rules of Evidence (FRE) are civil code that generally governs civil and criminal proceeding in U.S. courts and bankruptcy courts and before U.S. magistrates to the extent and with the exceptions stated in the rules. The FRE are designed to secure judicial fairness, eliminate unjustifiable expense and delay, and promote the growth and development of the law of evidence.

The FRE have the force of statute, and the courts interpret them as they would any other statute. The Supreme Court promulgates the FRE, and they are amended from time to time by Congress—such as in 2008, when FRE 502 was enacted to provide limitations on the waiver of attorney-client privilege and work product protection.40 This ...

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