RESOLUTION REGARDING PENNSYLVANIA'S PROPOSED RULES OF EVIDENCE

WHEREAS, standardization of the law of evidence through codification and the adoption of formal evidentiary rules has gained wide acceptance among lawyers practicing in the federal courts and in most state courts throughout the country;

WHEREAS, the Philadelphia Bar Association has followed, supported, and actively participated in the formulation of rules of evidence for Pennsylvania for many years;

WHEREAS, an Ad Hoc Committee on Evidence of the Supreme Court of Pennsylvania has proposed Rules which delineate the law of evidence for Pennsylvania in an organized and coherent fashion;

WHEREAS, the substance of the proposed Rules of Evidence conform in numbering and sequence to the Federal Rules of Evidence;

WHEREAS, the adoption of Pennsylvania Rules of Evidence will help unify the practice of law in the various courts of the Commonwealth and conform Pennsylvania practice to federal practice;

NOW, THEREFORE, BE IT RESOLVED that the Board of Governors supports the adoption of the Rules as proposed and further recommends:

a. that all presently existing statutory privileges be incorporated in Article V of the proposed Rules;

b. that the Supreme Court and appropriate legislative committees undertake an approach to insure that future statutes dealing with evidentiary issues are fully integrated into the Rules;

c. that choices regarding various alternatives to Rules, including Rule 407 and Rule 803(25), be left to other groups or individuals;

d. that members of the Association carefully consider these Rules and inform the Ad Hoc Committee of their views on specific rules;

e. that the Supreme Court be urged to incorporate into the adopted Rules the accompanying comments prepared by the Ad Hoc Committee on Evidence.

AND BE IT FURTHER RESOLVED that the Board of Governors directs the Chancellor to communicate its support for adoption of the Rules as proposed and its further recommendations to the Ad Hoc Committee on Evidence of the Supreme Court.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: May 29, 1997