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AMENDMENTS TO PROPOSED CODE OF EVIDENCE-CHANGES IN T.D. 2 1 (February 1942)

handle is hein.ali/alievidence0037 and id is 1 raw text is: AMENDMENTS TO PROPOSED CODE OF EVI- DENCE ADOPTED BY COUNCIL, AMERICAN LAW' INSTITUTE, FEBRUARY, 192. Substantial Changes in Tentative Draft No. 2. Rule i. i. All references to administrative tribunals have been eliminated. 2. Paragraph (13) has been amended to read as follows: (13) Unavailable as a witness concerning a matter means exempted from testifying as to the matter on the ground of privilege, or disqualified from testifying as to the matter, or unable to testify because of death, or of physical or mental illness, permanent or temporary, or absent from the place of trial per- manently or temporarily if (a) the exemption, disqualification, inability or absence is not due to the procurement or wrongdoing, for the purpose of preventing the witness from attending or testifying, by the party in whose favor a finding of unavailability is sought, or to tie culpable neglect of that party, and (b) the importance of the issue or the added reliability of the witness's testimony in court or his deposition does not justify the expense and inconvenience of procuring his presence or taking his deposition. Rule 12. This Rule has been omitted. The Comment to Rule 2 explains that it is contemplated that a repealing provision will be inserted according to the approved practice wherever the Code is adopted. Rule 104. The phrasing of the Rule has been changed. There is no change in meaning because Rule i now contains a definition of

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