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The Federal Courts' Gate-Keeping Function for Fixed and Invariable Evidence of Custom and Usage

The role of the trial judge in screening proffered custom and usage evidence has evolved with time and is now part of the gate-keeping function provided in the federal rules of evidence. This article traces some of the relevant background and discusses how the federal rules now guide the courts in the exercise of that function.

20 minute read March 01, 2006 at 02:50 PM
By
Kenneth W. Erickson And Bryan R. Diederich
The Federal Courts' Gate-Keeping Function for Fixed and Invariable Evidence of Custom and Usage

The role of the trial judge in screening proffered custom and usage evidence has evolved with time and is now part of the gate-keeping function provided in the federal rules of evidence.

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