Wednesday, December 2, 2020

Get to know the new Rule 404(b)

There's a new rule in town worth getting to know. Amendments to Federal Rule of Evidence 404(b) came into effect on December 1, 2020. The new rule eliminates the need to request notice; obligates the government to articulate the purpose of the evidence noticed; and obligates the government to put its notice in writing. No more can the government claim that you got notice via evidence buried somewhere in a discovery dump. Here are the changes:

Be sure to check out the robust Advisory Committee Notes to the amendment. You can review those and other historical materials here.

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