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- SUPREME COURT OF THE UNITED STATES
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- Friday, April 29, 1994
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- ORDERED:
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- 1.That the Federal Rules of Evidence for the
- United States District Courts be, and they hereby are,
- amended by including therein an amendment to Evidence
- Rule 412.
-
- [See infra., pp. .]
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- 2.That the foregoing amendment to the Federal
- Rules of Evidence shall take effect on December 1,
- 1994, and shall govern in all proceedings thereafter
- commenced and, insofar as just and practicable, all
- proceedings then pending.
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- 3.That THE CHIEF JUSTICE be, and he hereby is,
- authorized to transmit to the Congress the foregoing
- amendment to the Federal Rules of Evidence in
- accordance with the provisions of Section 2072 of Title
- 28, United States Code.
-
- PROPOSED AMENDMENTS TO THE
- FEDERAL RULES OF EVIDENCE
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- RULE 412. ADMISSIBILITY OF ALLEGED VICTIM'S
- SEXUAL BEHAVIOR OR ALLEGED SEXUAL
- PREDISPOSITION
- (a)Evidence Generally Inadmissible.
- The following evidence is not admissible in
- any criminal proceeding involving alleged
- sexual misconduct except as provided in
- subdivisions (b) and (c):
- (1)evidence offered to prove that any
- alleged victim engaged in other sexual
- behavior; and
- (2)evidence offered to prove any
- alleged victim's sexual predisposition.
- (b)Exceptions.
- In a criminal case, the following
- evidence is admissible, if otherwise
- admissible under these rules:
- (1)evidence of specific instances of
- sexual behavior by the alleged victim offered
- to prove that a person other than the accused
- was the source of semen, injury, or other
- physical evidence;
- (2)evidence of specific instances of
- sexual behavior by the alleged victim with
- respect to the person accused of the sexual
- misconduct offered by the accused to prove
- consent or by the prosecution; and
- (3)evidence the exclusion of which
- would violate the constitutional rights of the
- defendant.
- (c)Procedure to Determine
- Admissibility.
- (1)A party intending to offer evidence
- under subdivision (b) must:
- (A)file a written motion at least
- 14 days before trial specifically
- describing the evidence and stating the
- purpose for which it is offered unless
- the court, for good cause requires a
- different time for filing or permits
- filing during trial; and
- (B)serve the motion on all parties
- and notify the alleged victim or, when
- appropriate, the alleged victim's
- guardian or representative.
- (2)Before admitting evidence under this
- rule the court must conduct a hearing in
- camera and afford the victim and parties a
- right to attend and be heard. The motion,
- related papers, and the record of the hearing
- must be sealed and remain under seal unless
- the court orders otherwise.
-