Charlisa J. Gaines, Esq.
Upcoming Projects
Charlisa is currently working on several public speaking and writing projects that she hopes to share with everyone over the next six months.
Blog
“Those of us in the Third Branch must continue to decide the cases before us according to our oath, doing equal right to the poor and to the rich, and performing all of our duties faithfully and impartially under the Constitution and laws of the United States.” Chief Justice of the United States, John G. Roberts, Jr. (emphasis added)
A significant revision to Federal Rule of Evidence 801(d)(1)(A) becomes effective December 1, 2026. The amendment will eliminate the prior limitation on the permissible use of a declarant-witness’s prior statements and substantially expand its scope and practical application. The current rule requires that the prior statement “was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition.” Under the revised hearsay exclusion rule, the declarant-witness need not have been under oath, and all prior inconsistent statements are admissible.
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