Document Type
Article
Publication Date
2025
Abstract
We use individual pieces of evidence to construct our cases, recognizing that no one of them, taken in isolation, suffices to get the job done. As Professor McCormick famously said of evidence, “a brick is not a wall.” Federal Rule of Evidence 104(b) explains the logical relationship between those various pieces of evidence and how they help us build our proofs. Or perhaps we should say that the rule tries to explain it, without much success.
Recommended Citation
Niehoff, Leonard and Shannon Hickey. "Understanding Federal Rule of Evidence 104(b) on Building Walls and Missing Bricks." Litigation 52, no. 1 (2025): 42-45.
Comments
© 2025, Litigation Vol. 52, No. 1 Fall 2025 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.