Fifth Circuit Survey: Evidence

Abstract

Since the last edition of the Texas Tech Law Review Fifth Circuit Survey dedicated to evidence, however, the Fifth Circuit ruled on several fundamental evidence issues, including reliance on hearsay in an affidavit and the contours of the relevance rules. It also detailed some important proof considerations on the common issue of whether a piece of correspondence was received.2 The Fifth Circuit has also held that FRE 404(b) applies only to persons and not to inanimate objects, and has confirmed that cumulative evidentiary error can-in rare instances-be so severe as to warrant reversal of a jury verdict. While the Fifth Circuit's evidentiary opinions during the relevant time were both pragmatic and thoughtful, it is impossible to identify any particular trend or unifying theme in the court's recent evidence jurisprudence.