Evidence Research Guide
This guide is a starting point for research in evidence law, focusing on the Federal Rules of Evidence and related materials.
Introduction
This guide includes both primary and secondary materials, in both print and electronic formats. It is focused on the Federal Rules of Evidence and related materials. For information on state rules of evidence, please refer to the "Statutes and Legislation" section of our research guide for any particular state (state rules of evidence will generally be found in that state's statutory code). .
Introductory Resources
The following are some significant, highly regarded secondary sources covering evidence law. They are excellent places to begin your research, especially if you are new to this area of law.
Federal Practice and Procedure (Wright and Miller) KF9619 .W7
Also available on Westlaw
Multi-volume treatise covering all aspects of federal civil, criminal and appellate procedure, including rules of procedure and evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more.
Federal Rules of Evidence Service (Pike and Fischer)KF8935 .F4
West case reporter and digest covering cases arising under the Federal Rules of Evidence.
Evidence: An Overview (Cornell Legal Information Institute)
Provides an overview of evidence including links to related statutes, judicial decisions, conventions and treaties, and key Internet sources.
Primary Law Resources
The Federal Rules of Evidence are available from a variety of sources, both in print and online. For a list and links to sources, please refer to our Court Rules Research Guide.
Treatises and In-Depth Resources
Evidence KF8935 .M84 (4th ed., 2009)
This single volume offers comprehensive coverage of the Federal Rules of Evidence and related matters.
Evidentiary Foundations KF8935.Z9 I45 (7th ed., 2008)
This book covers all major evidentiary doctrines, providing for each doctrine: a brief description of the pertinent Federal Rules of Evidence and the most recent leading cases construing the Rules; a list of foundational elements-the events and facts you need to lay a complete foundation; and an illustrative foundation showing how each question relates to a particular element of the foundation.
Federal Rules of Evidence KF8935 .R651 (3rd ed., 2002 - )
Also available on Westlaw
This work provides extensive coverage of the Federal Rules of Evidence, the legislative and drafting history of each Rule, the amendments, source material, and current case law. Looseleaf publication updated annually.
Handbook of Federal Evidence KF8935 .G73 (6th ed., 2006 - )
Also available on Westlaw
This work provides a complete, in-depth overview of the subject, based on over 20,000 federal cases construing and applying the Federal Rules of Evidence. Updated with annual pocket parts.
McCormick on Evidence (West Hornbook) KF8935 .M291 (6th ed., 2006)
Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence. Updated with annual pocket parts.
The New Wigmore
This modern day compilation includes four distinct volumes which comprehensively cover the evidentiary issues in litigation. Volumes include Expert Evidence, Evidentiary Privileges, Evidence of Other Misconduct, and Selected Rules of Limited Admissibility. Each volume includes a table of authorities, table of cases and table of statutes. Cumulative supplements are published annually.
- Evidence Of Other Misconduct And Similar Events KF8935 .L46 2009
- Evidentiary Privileges KF8935.A1 I49 (2nd ed., 2010)
- Expert Evidence KF8935.A1 K39 2004
- Selected Rules Of Limited Admissibility: Regulation Of Evidence To Promote Extrinsic Policies And Values KF8935.A1 L46 (Rev. ed., 2002)
Weinstein's Federal Evidence KF8935 .W39 (2nd ed. 1997 - )
Also available on Lexis
The online volume comprehensively covers the Federal Rules of Evidence for judges, lawyers and students who need a concise guide to the practical and theoretical information required in the court, office, and classroom. It is intended to accompany the multi-volume treatise which we have in print, for purposes of more detailed research and briefwriting. The multi-volume set contains comprehensive legislative history, extensive analysis of topics such as judicial notice, presumptions, expert testimony and hearsay, and many more citations to federal cases. Updated at least 3 times a year with looseleaf pages.
For additional treatises, consult the Evidence Treatise Finder.
Current Awareness
Digital Discovery & E-Evidence (BNA)
This electronic newsletter is a new information service on the evidentiary value of electronic data in litigation, providing in-depth intelligence and insights from leading courtroom and computer forensics experts.
Expert Evidence Report (BNA)
This electronic resource monitors the latest federal and state news and guidance relating to expert evidence -- including court rulings on discoverability, admissibility, and sufficiency of expert evidence, Daubert hearings, legislative proposals, and changes to federal rules -- in all litigation areas.
Federal Evidence Blog
Highlights recent cases and issues involving the Federal Rules of Evidence and other topical evidence matters.
Government Resources
Federal Judicial Center
The FJC is the research and education agency of the federal judicial system.
Federal Rulemaking (from the Administrative Office of the U.S. Courts)
This is the Federal judiciary's Web site containing the federal rules of practice, procedure, and evidence. Provides access to the national and local rules currently in effect in the federal courts, as well as background information on the federal rules and the rulemaking process. Includes information about pending and proposed rules changes, and public commentary.
House Committee of the Judiciary
Official Web site for the U. S. House of Representatives Committee on the Judiciary which has jurisdiction over matters relating to the administration of justice in Federal courts, administrative bodies, and law enforcement agencies. Provides access to legislative documents including committee reports and procedural rules.
- The site links to federal procedure documents which include the following:
Senate Committee on the Judiciary
Official website of the United States Senate Committee on the Judiciary. Contains committee information, rules, hearings, reports and other documents.
Other Resources
Evidence Project (American University)
Proposals with accompanying commentary, addressing substantive and structural problems in the Federal Rules of Evidence with the goal of facilitating a national debate on the Rules as we approach the first quarter of a century of practice under them. Produced by the American University Washington College of Law.
Evidence: An Overview (Cornell Legal Information Institute)
Provides an overview of evidence including links to related statutes, judicial decisions, conventions and treaties, and key internet sources.
Updated 09/10 (NKR)
Updated 02/11 (TV)
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