Courtroom Evidence Handbook 2005-2006: Student Edition

, by Goode, Steven; Wellborn, Olin Guy, III

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ISBN: 9780314161895 | 0314161899
Cover: Paperback
Copyright: 5/27/2005

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Supplemental Materials

Preface

iii

Federal Rules of Evidence

General Provisions

Scope

(1)

Purpose and Construction

(1)

Rulings on Evidence

(1)

Preliminary Questions

(1)

Limited Admissibility

(1)

Remainder of or Related Writings or Recorded Statements

(1)

Judicial Notice

Judicial Notice of Adjudicative Facts

(1)

Presumptions in Civil Actions and Proceedings

Presumptions in General in Civil Actions and Proceedings

(1)

Applicability of State Law in Civil Actions and Proceedings

(1)

Relevancy and Its Limits

Definition of ``Relevant Evidence''

(1)

Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

(1)

Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

(1)

Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

(1)

Methods of Proving Character

(1)

Habit; Routine Practice

(1)

Subsequent Remedial Measures

(1)

Compromise and Offers to Compromise

(1)

Payment of Medical and Similar Expenses

(1)

Inadmissibility of Pleas, Plea Discussions, and Related Statements

(1)

Liability Insurance

(1)

Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition

(1)

Evidence of Similar Crimes in Sexual Assault Cases

(1)

Evidence of Similar Crimes in Child Molestation Cases

(1)

Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation

(1)

Privileges

General Rule

(1)

Witnesses

General Rule of Competency

(1)

Lack of Personal Knowledge

(1)

Oath or Affirmation

(1)

Interpreters

(1)

Competency of Judge as Witness

(1)

Competency of Juror as Witness

(1)

Who May Impeach

(1)

Evidence of Character and Conduct of Witness

(1)

Impeachment by Evidence of Conviction of Crime

(2)

Religious Beliefs or Opinions

(1)

Mode and Order of Interrogation and Presentation

(1)

Writing Used to Refresh Memory

(1)

Prior Statements of Witnesses

(1)

Calling and Interrogation of Witnesses by Court

(1)

Exclusion of Witnesses

(1)

Opinions and Expert Testimony

Opinion Testimony by Lay Witnesses

(1)

Testimony by Experts

(1)

Bases of Opinion Testimony by Experts

(1)

Opinion on Ultimate Issue

(1)

Disclosure of Facts or Data Underlying Expert Opinion

(1)

Court Appointed Experts

(1)

Hearsay

Definitions

(1)

Hearsay Rule

(1)

Hearsay Exceptions; Availability of Declarant Immaterial

(4)

Hearsay Exceptions; Declarant Unavailable

(2)

Hearsay Within Hearsay

(1)

Attacking and Supporting Credibility of Declarant

(1)

Residual Exception

(1)

Authentication and Identification

Requirement of Authentication or Identification

(2)

Self--Authentication

(2)

Subscribing Witness' Testimony Unnecessary

(1)

Contents of Writings, Recordings and Photographs

Definitions

(1)

Requirement of Original

(1)

Admissibility of Duplicates

(1)

Admissibility of Other Evidence of Contents

(1)

Public Records

(1)

Summaries

(1)

Testimony or Written Admission of Party

(1)

Functions of Court and Jury

(1)

Miscellaneous Rules

Applicability of Rules

(2)

Amendments

(1)

Title

(7)

Evidence Rules with Authors' Commentary

General Provisions

Scope

(1)

Purpose and Construction

(1)

Rulings on Evidence

(4)

Preliminary Questions

(3)

Limited Admissibility

(2)

Remainder of or Related Writings or Recorded Statements

(1)

Judicial Notice

Judicial Notice of Adjudicative Facts

(6)

Presumptions in Civil Actions and Proceedings

Presumptions in General in Civil Actions and Proceedings

(2)

Applicability of State Law in Civil Actions and Proceedings

(1)

Presumptions in Criminal Cases

(2)

Relevancy and Its Limits

Definition of ``Relevant Evidence''

(5)

Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

(1)

Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

(5)

Character Evidence Not Admissible to Prove Conduct; Exceptions

(5)

Other Crimes, Wrongs, or Acts

(10)

Methods of Proving Character

(4)

Habit; Routine Practice

100

(3)

Subsequent Remedial Measures

103

(4)

Compromise and Offers to Compromise

107

(3)

Payment of Medical and Similar Expenses

110

(1)

Inadmissibility of Pleas, Plea Discussions and Related Statements

111

(3)

Liability Insurance

114

(1)

Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition

115

(5)

Evidence of Similar Crimes in Sexual Assault Cases

120

(2)

Evidence of Similar Crimes in Child Molestation Cases

122

(2)

Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation

124

(1)

Privileges

General

125

(2)

Required Reports Privileged By Statute

127

(1)

Lawyer-Client Privilege

128

(8)

Psychotherapist-Patient Privilege

136

(2)

Husband-Wife Privilege

138

(4)

Communications to Clergymen

142

(2)

Political Vote

144

(1)

Trade Secrets

144

(1)

Secret of States and Other Official Information

145

(2)

Identity of Informer

147

(3)

Waiver of Privilege By Voluntary Disclosure

150

(3)

Privilege Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

153

(1)

Comment Upon or Inference From Claim of Privilege; Instruction

154

(2)

Witnesses

General of Competency

156

(2)

Lack of Personal Knowledge

158

(2)

Oath or Affirmation

160

(1)

Interpreters

161

(1)

Competency of Judge as Witness

162

(2)

Competency of Juror as Witness

164

(3)

Who May Impeach

167

(6)

Evidence of Character and Conduct of Witness

173

(5)

Impeachment by Evidence of Conviction of Crime

178

(5)

Religious Beliefs or Opinions

183

(1)

Mode and Order of Interrogation and Presentation

184

(7)

Writing Used to Refresh Memory

191

(3)

Prior Statements of Witnesses

194

(4)

Calling and Interrogation of Witnesses by Court

198

(1)

Exclusion of Witnesses

199

(3)

Opinions and Expert Testimony

Opinion Testimony by Lay Witnesses

202

(3)

Testimony by Experts

205

(8)

Bases of Opinion Testimony by Experts

213

(4)

Opinion on Ultimate Issue

217

(4)

Disclosure of Facts or Data Underlying Expert Opinion

221

(3)

Court Appointed Experts

224

(2)

Hearsay

Definitions

226

(1)

Definition of Hearsay

227

(4)

Prior Statement by Witness

231

(4)

Admission by Party--Opponent

235

(4)

Hearsay Rule

239

(3)

Hearsay Exceptions; Availability of Declarant Immaterial

242

(3)

Present Sense Impression

245

(2)

Excited Utterance

247

(3)

Then Existing Mental, Emotional, or Physical Condition

250

(2)

Statements for Purposes of Medical Diagnosis or Treatment

252

(2)

Recorded Recollection

254

(1)

Records of Regularly Conducted Activity

255

(6)

Public Records and Reports

261

(4)

Learned Treatises

265

(1)

Hearsay Exceptions; Declarant Unavailable

266

(2)

Definition of Unavailability

268

(2)

Former Testimony

270

(1)

Statement Against Interest

271

(3)

Forfeiture by Wrongdoing

274

(1)

Hearsay Within Hearsay

275

(1)

Attacking and Supporting Credibility of Declarant

276

(1)

Residual Exception

277

(3)

Authentication and Identification

Requirement of Authentication and Identification

280

(5)

Self--Authentication

285

(3)

Subscribing Witness' Testimony Unnecessary

288

(1)

Contents of Writings, Recordings, and Photographs

Definitions

288

(3)

Requirement of Originals

291

(2)

Admissibility of Duplicates

293

(1)

Admissibility of Other Evidence of Contents

294

(3)

Public Records

297

(1)

Summaries

298

(2)

Testimony or Written Admission of Party

300

(1)

Functions of Court and Jury

301

(1)

Miscellaneous Rules

Applicability of Rules

302

(2)

Amendments

304

(1)

Title

304

(3)

Common Objections and Responses

Objections to Form of Question

307

(5)

Ambiguous Question (Rule 611(a))

307

(1)

Argumentative Question (Rule 611(a))

307

(1)

Asked and Answered (Rule 611(a))

308

(1)

Assumes Facts Not in Evidence (Rule 611(a))

308

(1)

Compound Question (Rule 611(a))

308

(1)

Confusing (Rule 611(a))

309

(1)

Harassing the Witness (Rule 611(a))

309

(1)

Leading Question (Direct Examination) (Rule 611(c))

309

(1)

Leading Question (Cross-Examination) (Rule 611(c))

310

(1)

Narrative Testimony, Calls for (Rule 611(a))

311

(1)

Repetitious Question (Rule 611(a))

311

(1)

Unintelligible Question (Rule 611(a))

311

(1)

Objections to Admissibility

312

(62)

Authentication Insufficient (Rules 901 and 902)

312

(1)

Best Evidence Not Being Offered (Rules 1001 and 1002)

313

(1)

Bolstering (Rules 607, 608 and 801(d)(1)(B))

314

(1)

Chain of Custody Not Established (Real Evidence) (Rule 901)

315

(1)

Character Evidence in Form of Opinion Testimony (Rule 405)

316

(1)

Character Evidence Inadmissible (Rule 404(a))

316

(1)

Character Evidence, Specific Acts Inadmissible (Rule 405)

317

(1)

Character Witness, Improper Cross-Examination as to Specific Acts (Rule 405)

318

(2)

Character Witness Not Qualified to Testify in the Form of Reputation or Opinion (Rule 405)

320

(1)

Compromise of or Offer to Compromise a Civil Claim (Rule 408)

320

(2)

Conclusion of Law, Expert Witness (Rules 702 and 704)

322

(1)

Conclusion of Law, Lay Witness (Rules 701 and 704)

322

(1)

Confusion of the Issues (Rule 403)

323

(1)

Cross-Examination, Beyond Scope of Direct (Rule 611(b))

324

(1)

Cumulative (Rule 403)

324

(1)

Dead Man's Act Renders Witness Incompetent (Rule 601)

325

(1)

Exclusion of Witness, Violation of (Rule 615)

325

(1)

Expert Lacks Sufficient Basis for Opinion (Rule 702)

326

(1)

Expert May Not Relate Hearsay Basis For Opinion (Rule 703)

326

(1)

Expert Not Qualified (Rule 702)

327

(1)

Expert Opinion Based Solely on Hearsay Not Reasonably Relied Upon (Rule 703)

327

(1)

Expert Opinion Is Speculative, Conjectural (Rule 702)

328

(1)

Expert Opinion Not Helpful (Rule 702)

328

(2)

Habit Evidence Not Admissible (Rule 406)

330

(1)

Hearsay (Rules 801 and 802)

330

(2)

Hypothetical Question Includes Facts Not in Evidence (Rule 705)

332

(1)

Hypothetical Question Not Helpful (Rule 705)

332

(1)

Identification Insufficient (Rules 901 and 902)

332

(2)

Impeachment, Bias (Rules 607 and 611)

334

(1)

Impeachment, Extrinsic Evidence of Prior Conduct Inadmissible (Rule 608)

335

(1)

Impeachment of Own Witness (Rule 607)

335

(1)

Impeachment of Own Witness With Prior Inconsistent Statement (Rules 403 and 607)

336

(1)

Impeachment on Collateral Matter (Rules 403 and 607)

336

(2)

Impeachment, Prior Conviction Inadmissible (Rule 609)

338

(1)

Incompetent; Witness Is Incompetent (Rules 601 and 403)

339

(1)

Insurance (Rule 411)

340

(1)

Irrelevant (Immaterial, Not Probative) (Rules 401 and 402)

340

(1)

Judge as Witness (Rule 605)

341

(1)

Juror as Witness at Trial (Rule 606(a))

341

(1)

Juror as Witness to Impeach Verdict (Rule 606(b))

342

(1)

Lay Opinion Testimony (Rule 701)

342

(1)

Lay Witness Testifying as Expert (Rule 701)

343

(1)

Medical, Hospital, or Similar Expenses, Payment of (Rule 409)

344

(1)

Mental State or Condition of Accused (Rule 704(b))

344

(1)

Misleading the Jury (Rule 403)

345

(1)

Nonresponsive Answer (Rule 611)

346

(1)

Other Accidents (Rules 401--403)

346

(1)

Other Claims by Plaintiff (Rules 401--403)

347

(1)

Other Contracts or Transactions Involving a Party (Rules 401--403)

348

(1)

Other Crimes Evidence; Insufficient Notice of Intent to Offer (Rules 404(b), 413, 414 and 415)

349

(1)

Other Crimes Evidence Not Adequately Proven (Rules 104(b), 404(b), 413, 414 and 415)

349

(1)

Other Crimes Evidence Not Admissible to Prove Character (Rules 404(b), 413, 414 and 415)

350

(2)

Other Crimes Evidence Offered for an Undisputed Point (Rules 403, 404(b), 413, 414 and 415)

352

(1)

Personal Knowledge Lacking (Rule 602)

352

(1)

Photograph Inflammatory and Unfairly Prejudicial (Rule 403)

353

(1)

Photograph, Motion Picture, Videotape, or Sound Recording not Authenticated (Rule 901)

353

(1)

Pleas and Plea Bargaining (Rule 410)

354

(1)

Prejudicial Effect Outweighs Probative Value (Rule 403)

355

(1)

Prior Consistent Statement Not Admissible to Rehabilitate (Rule 613)

356

(1)

Prior Inconsistent Statement; Extrinsic Evidence Inadmissible (Rule 613(b))

357

(1)

Prior Inconsistent Statement; Must Disclose Contents of Writing (Rule 613)

357

(1)

Privilege, Comment on or Adverse Inference From Invocation (Proposed Rule 513)

358

(1)

Privileged (Rule 501; Proposed Rules 502--513)

358

(1)

Privileged Attorney-Client Communication (Proposed Rule 503)

359

(1)

Privileged; Clergy-Communicant Privilege (Proposed Rule 506)

360

(1)

Privileged Marital Communication (Proposed Rule 505)

361

(1)

Privileged; Marital Testimonial Privilege (Proposed Rule 505)

362

(1)

Privileged Physician-Patient Communication (Proposed Rule 504)

363

(1)

Privileged Psychotherapist-Patient Communication (Proposed Rule 504)

363

(1)

Privileged Required Report (Proposed Rule 502)

364

(1)

Religious Belief or Opinion (Rule 610)

364

(1)

Scientific Evidence Not Admissible (Rule 702)

365

(1)

Sexual Conduct or Predisposition of Alleged Victim of Sexual Misconduct; Civil Case (Rule 412)

366

(1)

Sexual Conduct or Predisposition of Alleged Victim of Sexual Misconduct; Criminal Case (Rule 412)

366

(1)

Speculation, Question Calls for (Rules 602, 701 and 702)

367

(1)

Subsequent Remedial Measure (Rule 407)

368

(1)

Summary Not Admissible (Rule 1006)

369

(1)

Truthfulness of Another's Testimony (Rules 608, 701 and 702)

370

(1)

Ultimate Issue (Rule 704)

371

(3)

Checklists and Foundations

374

(29)

Offering an Exhibit (Documentary, Real, or Illustrative Evidence) (Rules 401, 402, 901 and 902)

374

(3)

Character Evidence (Rules 404 and 405)

377

(2)

Impeachment (Rules 607--613)

379

(10)

Present Recollection Refreshed (Rule 612)

389

(1)

Expert Testimony (Rule 702)

390

(3)

Hearsay Exceptions (Rule 803)

393

(6)

Foundation for Summary of Voluminous Writings (Rule 1006)

399

(4)

Table of Cases

403

(30)

Index

433

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Courtroom Evidence Handbook 2005-2006: Student Edition

Table of Contents

Supplemental Materials