Evidence

This survey marks the fourteenth year the author has surveyed Eleventh Circuit evidence decisions. During these years there has been, in the author's opinion, an unmistakable trend-a trend that continued during the current survey period. In stark contrast to the days when the Eleventh Circuit rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now carefully defers to district judges. The abuse-of-discretion standard that has always governed evidentiary issues on appeal now seems to be the standard of review in practice as well as in name.

Absent some action by Congress, the most extensive changes to the Federal Rules of Evidence in recent years will become effective December 1, 2000. A summary and brief discussion of the amendments follow. The full text of the new Rules and the Advisory Committee notes can be found at the website of the Administrative Office of the United States Courts.