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Episode 27 – An Introduction to the Code Of Evidence
We start season 2 with the first episode of a multi-part series on the Code of Evidence featuring Appellate Court Judge Eliot Prescott. The first episode will provide an overview of the history and background of the code of evidence. The next episode will give a rough overview of the code and its structure. With our remaining episodes, we will dive deeper into the substance of the code with episodes on hearsay, witnesses and relevancy. We’ll end our series with a dos and don’ts podcast and highlight a few examples of common evidentiary problems.
The code of evidence has its roots in common law dating back to our time as a colony. Over the last two-hundred years, the code has grown with statutory enactments. In 1975, the federal rules of evidence were codified for the first time. Following that, Connecticut began considering adopting its own code of evidence that would be easy to access. Early on, the plan for the code was that it would be a statute that contained all the rules of evidence. Once the process got underway, it became clear that the Judicial Branch would be better suited to make changes to the code than to undergo the process that would be required to change a statute. As such, the code was turned over to the judges of the Superior Court.
Currently, the ultimate authority on the rules of evidence in Connecticut is the Supreme Court.