The admissibility of extra-judicial utterances as "vicarious admissions" under the Uniform Rules of Evidence would be regulated by Rule 63 (8)(a) and Rule 63 (9), quoted in the margin. Adoption of these rules would work substantial changes in existing doctrine; changes which the informed consensus may ultimately deem desirable, but which, nonetheless, appear to deserve somewhat more penetrating discussion than has so far been engendered. I hasten to make it clear that I do not necessarily oppose the proposals; merely that I have some doubts which have not as yet been resolved. One further preliminary word: the proposals of the Uniform Rules follow almost exactly the proposals of the Model Code of Evidence, and the draftsmen of the Uniform Rules, for explanation of the grounds of the proposals, in effect refer us to the Comment appended to the Model Code provisions. Accordingly, to that Comment we shall necessarily turn.
Judson F. Falknor,
Vicarious Admissions and the Uniform Rules,
14 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol14/iss3/12