Over a quarter of a century ago, the consensus among evidence scholars was that the rules of evidence were in need of thorough reform. Case law had become so confusing and contradictory that the American Law Institute regarded a straightforward restatement of the law of evidence as a practical impossibility. Instead that body decided upon a new proposal which might readily be adopted by the states as a comprehensive set of evidence rules. Its aim was a more sensible and simple guide for trial judge and attorney than the existing rules. Leading scholars and jurists collaborated to produce a Model Code of Evidence, but the proposal failed to win acceptance. Not a single jurisdiction adopted it.
Erosion of the Hearsay Rule,
U. Rich. L. Rev.
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