In recent past evidence surveys, the author has suggested, perhaps presumptuously, that the Eleventh Circuit has markedly decreased its level of scrutiny of district court evidentiary decisions. It appears that in most cases, the Eleventh Circuit is willing to defer broadly to the discretion afforded district judges in evidentiary rulings. As a result, the number of Eleventh Circuit decisions in which evidentiary issues played a predominant part has decreased. Decisions rendered by the Eleventh Circuit during the current survey period suggest that the court is allocating its resources to evidentiary issues in which appellate guidance is broadly needed rather than micro-managing the routine evidentiary decisions of district judges. Thus, while the number of evidentiary decisions during the current survey period was again "down," the court issued significant rulings in the areas of privilege and hearsay. The court, it seems, continues to avoid what had been fertile ground in the past-the admissibility of extrinsic act evidence under Rules 403 and 404.
Treadwell, Marc T.
Mercer Law Review: Vol. 46
, Article 8.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol46/iss4/8