Thirty-Nine Distinctions Between the Louisiana Code of Evidence and the Federal Rules of EvidenceTulane Law Review (2016)
The Louisiana legislature enacted theLouisiana Codeof Evidence in 1988, and it became effective on January 1, 1989.Chapter 5 of the Code, which contains the privileges, followed soon thereafter in 1992. The Louisiana legislature enacted the final chapter of the Louisiana Code of Evidence, “Presumptions and Prima Facie Evidence,” in1997. Drafters of the Louisiana Code of Evidence largely modeled it after the Federal Rules of Evidence of 1975, and upon first glance, it might appear as though the two sets of rules are substantially identical. Upon closer review, however, there are distinct differences in the rules. The Louisiana Code contains several provisions that are not included in the Federal Rules, several of Louisiana’s provisions are more detailed regarding how a rule should reapplied, and other provisions reflect a recognition of the greater protections provided to the citizens of the state by the Louisiana Constitution of 1974. Thus, the rules should not be referred to interchangeably, and great care should be taken in relying upon federal case law to aid the interpretation of Louisiana’s provisions.This Article will discuss thirty-nine distinctions between the Louisiana Code of Evidence and the Federal Rules of Evidence. While this is not a comprehensive list of the distinctions between the federal and Louisiana rules, this Article includes a list of some of the most significant distinctions in the rules, as well as some minor distinctions, including Louisiana articles not contained in the Federal Rules.
- Louisiana code of evidence,
- federal rules of evidence
Publication DateSpring March, 2016
Citation InformationShenequa L. Grey, J.D., LL.M.. "Thirty-Nine Distinctions Between the Louisiana Code of Evidence and the Federal Rules of Evidence" Tulane Law Review Vol. 90 Iss. 4 (2016) p. 727 - 803
Available at: http://works.bepress.com/shenequa_grey/7/