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Episode 30 – Code of Evidence: The Structure
This episode focuses on the structure and overview of the code. In this episode, Mike and Judge Prescott don’t dive deep into the code, but talk broadly about how the code interacts with statutes, Practice Book sections and the Connecticut Constitution.
The code applies to all proceedings in the Superior Court in which facts in dispute are to be found. There are currently seven instances in which the code does not apply to Superior Court proceedings in which facts in dispute are to be found. Grand jury proceedings and proceedings involving sentencings are two examples of these exceptions.
Tidbits from this episode:
When the Code of Evidence applies in a certain proceeding, it gives way to statutes, practice book provisions and constitutional provisions if there is any conflict or if any of those other sources of law say that they apply.
The commentary for the Code of Evidence is “official.” As such, the commentary is an important source of information as to how the actual Code provisions should be interpreted.
The savings clause is a recognition by the adopters of the code that there will be gaps in the code.