What happened

The U.S. Supreme Court has sent Congress an amendment to Federal Rule of Evidence 801, advancing a change to the rule governing definitions and exclusions from hearsay.

The April 8 order says the Federal Rules of Evidence are amended to include an amendment to Rule 801. The amendment is scheduled to take effect Dec. 1, 2026, and to govern proceedings filed after that date, as well as then-pending proceedings where doing so is just and practicable.

The visible rule text concerns Rule 801(d)(1), which treats certain declarant-witness prior statements as not hearsay when the declarant testifies and is subject to cross-examination about the prior statement.

The excerpted language includes prior statements that are consistent with the declarant's testimony and offered to rebut a charge of recent fabrication, improper influence or motive, or to rehabilitate the declarant's credibility after another type of attack. It also includes a prior statement that identifies a person as someone the declarant perceived earlier.

Chief Justice John Roberts transmitted the amendment to the House speaker and Senate president, according to the packet, and the order authorizes him to transmit the amendment to Congress under Title 28.

The practical significance cannot be fully assessed from the supplied spans alone. The order references accompanying materials, including a blackline version with a committee note and excerpts from rules committee reports, but those materials are not included in the provided packet.