Federal Rules of Evidence in a Nutshell

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ISBN: 9780314176066 | 0314176063
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Copyright: 12/31/2006

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The Federal Rules of Evidence in a Nutshell, 7th is a perfect supplement for students learning evidence through the case method. Commentary sections explaining and exploring the concepts underlying the particular rules help students understand the theory, application, and interrelationships found in the Federal Rules of Evidence. This new edition is updated throughout and includes discussions of the important Crawford case and Davis case. It also includes the Rules Amendments through December 1, 2006.

Preface

Table of Cases

xxxvii

Article I. General Provisions

Rule 101. Scope

(1)

Scope of Rules

(1)

Rule 102. Purpose and Construction

(1)

Purpose and Construction

(1)

Rule 103. Rulings on Evidence

(21)

Rule 103(a): Reversible, Harmless and Structural Error; An Overview

(5)

Rule 103(a)(1): Error in Admitting; Objection, Presentation and Waiver

(3)

Rule 103(a)(1): Error in Admitting; Time of Objecting; Motion to Curative Instructions

(1)

Error in Admitting: Waiver of Right to Object by Other Than Failure to Make; Door Opening

(2)

Error in Admitting: Nonjury and Chancery Cases

(1)

Rule 103(a)(2) and (b): Error in Excluding; Offer of Proof

(3)

Rule 103(c): Hearing of Jury; Motions in Limine

(3)

Rule 103(d): Plain Error

(2)

Rule 104. Preliminary Questions

(6)

Rule 104(a) and (e): Preliminary Questions of Admissibility; Weight and Credibility

(2)

Rule 104(b): Relevancy Conditioned on Fact; Connecting Up

(2)

Rule 104(c): Hearing in Presence of Jury

(1)

Rule 104(d): Testimony by Accused Upon Preliminary Matter; Suppressed Evidence

(1)

Rule 105. Limited Admissibility

(6)

Limited Admissibility

(2)

Rule 106. Remainder of or Related Writings or Recorded Statements

(1)

Remainder of or Related Writings and Recorded Statements Employed at Time of Introduction

(2)

Remainder of Oral Statements, Writing or Recorded Statement Employed on Next Examination

(2)

Article II. Judicial Notice

Rule 201. Judicial Notice of Adjudicative Facts

(15)

Rule 201(a): Nature of Judicial Notice; An Overview

(3)

Rule 201(b)(1): Adjudicative Facts; Matters Generally Known

(1)

Rule 201(b)(2): Adjudicative Facts; Accurate and Ready Determination

(4)

Judicial Notice: Ascertaining the Appropriate Law

(1)

Judicial Notice of Legislative Facts: Factual Bases of Judicial Rules

(1)

Judicial Notice of Legislative Facts: Factual Aspects of Legislation

(1)

Rules 201(c)-(g): Procedural Aspects of Judicial Notice

(4)

Article III. [Burdens of Proof and] Presumptions in Civil [and Criminal] Actions and Proceedings

Rule 301. Presumptions in General in Civil Actions and Proceedings

(24)

Burdens of Proof and Presumptions in Civil Cases: An Introduction

(1)

Burden of Proof: Allocating the Elements; Burden of Pleading

(2)

Burden of Proof: Description and Nature of Responsibility; State Law Supplying Rule of Decision

(1)

Burden of Production: Measure and Effect; Prima Facie Case

(2)

Burden of Persuasion: Incidence and Measure in Civil Cases

(1)

Presumptions in Civil Cases: Definition and Nature

(4)

Presumptions: Inferences and Permissive Presumptions

(1)

Presumptions: Prima Facie Evidence

(1)

Presumptions: Conclusive and Irrebuttable Presumptions

(1)

Presumptions as Evidence

(1)

Conflicting Presumptions

(1)

Presumptions: Attack by Rebutting Basic Facts or Presumed Fact; Effect on Jury Instructions

(3)

Presumptions: Instructing the Jury

(3)

Presumptions: Statutory and Common Law Illustrations

(2)

Rule 302. Applicability of State Law in Civil Actions and Proceedings

(2)

Applicability of State Law in Civil Actions and Proceedings

(2)

Standard 303. Presumptions in Criminal Cases

(14)

Burden of Proof in Criminal Cases: Allocating the Elements; Procedure for Allocating

(2)

Burden of Producing Evidence

(1)

Burden of Persuasion: Incidence, Measure and Shifting

(1)

Standard 303(a), (b) and (c): Presumptions in Criminal Cases; Definition, Nature and Instructions; Constitutionality

(7)

Presumption of Innocence

(2)

Article IV. Relevancy and Its Limits

Rule 401. Definition of ``Relevant Evidence''

(17)

Relevant Evidence: Materiality and ``Fact of Consequence''

(3)

Demonstrative and Real Evidence: Definition

(2)

Demonstrative and Real Evidence: Relevancy

(1)

Real Evidence: Tangible Objects; Instrumentalities of Crime

(1)

Real Evidence: Exhibiting Personal Injuries; Bodily Demonstrations

(1)

Demonstrative Evidence: Maps, Models, Drawings, Charts and Tangible Items

(1)

Demonstrative Evidence: Photographs, Videotapes, Animations

100

(5)

Demonstrative Evidence: X-rays

105

(1)

Demonstrative Evidence: Courtroom and Out of Court Demonstrations

105

(1)

Experiments

106

(1)

View by Trier of Fact

107

(1)

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

108

(2)

Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

109

(1)

Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

110

(5)

Exclusion of Relevant Evidence: Factors to Be Considered; Standard Applied

110

(5)

Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

115

(12)

Character Evidence: An Overview

117

(2)

Rule 404: Character Evidence; Circumstantial Use in Civil Cases

119

(1)

Rule 404(a)(1): Character Evidence of the Accused

120

(1)

Rule 404(a)(2): Character Evidence of the Alleged Victim

121

(1)

Rule 404(b): Other Crimes, Wrongs or Acts

122

(5)

Rule 405. Methods of Proving Character

127

(5)

Rule 405(a): Method of Proof of Character; Reputation or Opinion; Specific Instances Permitted Only on Cross-Examination

128

(2)

Rule 405(b): Character as an Element; Specific Instances of Conduct

130

(2)

Rule 406. Habit; Routine Practice

132

(5)

Habit and Routine Practice: An Overview

132

(2)

Habit of an Individual

134

(1)

Routine Practice of an Organization

135

(1)

Method of Proof of Habit or Routine Practice

136

(1)

Rule 407. Subsequent Remedial Measures

137

(1)

Subsequent Remedial Measures

137

(1)

Rule 408. Compromise and Offers to Compromise

138

(5)

Compromise and Offers to Compromise

139

(4)

Rule 409. Payment of Medical and Similar Expenses

143

(1)

Payment of Medical and Similar Expenses

143

(1)

Rule 410. Inadmissibility of Pleas, Plea Discussions and Related Statements

144

(9)

Rule 410: Inadmissibility of Pleas, Plea Discussions, and Related Statements

145

(8)

Rule 411. Liability Insurance

153

(1)

Liability Insurance

153

(1)

Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition

154

(13)

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

156

(11)

Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

167

(3)

Evidence of Similar Crimes in Sexual Assault Cases

168

(2)

Rule 414. Evidence of Similar Crimes in Child Molestation Cases

170

(2)

Evidence of Similar Crimes in Child Molestation Cases

171

(1)

Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation

172

(3)

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

173

(2)

Article V. Privileges

Rule 501. General Rule

175

(12)

Rule 501: General Rule of Privilege; An Overview

175

(5)

Lawyer-Client Privilege

180

(3)

Husband-Wife Privileges

183

(1)

Waiver of Privilege; Disclosure Without Opportunity to Claim

184

(3)

Article VI. Witnesses

Rule 601. General Rule of Competency

187

(10)

General Rule of Competency: An Overview

187

(4)

Mental Capacity: Preliminary Hearings; Ordering of Psychiatric Examinations; Children

191

(5)

Alcohol or Drug Use as Affecting Competency

196

(1)

Dead Man's Statutes

196

(1)

Rule 602. Lack of Personal Knowledge

197

(3)

The Requirement of Personal Knowledge

198

(2)

Rule 603. Oath or Affirmation

200

(1)

Oath or Affirmation

200

(1)

Rule 604. Interpreters

201

(1)

Interpreters

201

(1)

Rule 605. Competency of Judge as Witness

202

(1)

Competency of Judge as Witness

202

(1)

Rule 606. Competency of Juror as Witness

203

(5)

Rule 606(a): Competency of Juror as Witness at Trial

204

(1)

Rule 606(b): Competency of Juror to Attack Validity of Verdict or Indictment

204

(3)

Competency and Propriety of Lawyer for a Party as Witness at Trial

207

(1)

Rule 607. Who May Impeach

208

(19)

Impeachment: Components of Credibility

208

(2)

Contradiction: Collateral and Non-Collateral Matters; Good Faith Basis

210

(5)

Impeachment of a Party's Own Witness

215

(5)

Personal Knowledge: Mental Capacity; Expert Testimony

220

(1)

Alcohol or Drug Use as Affecting Credibility

221

(1)

Name, Occupation and Residence of the Witness

222

(1)

Untrustworthy Partiality: Interest, Bias, Corruption, or Coercion; Foundation

223

(3)

Contradiction by Other Evidence

226

(1)

Rule 608. Evidence of Character and Conduct of Witness

227

(11)

Character of Witness for Truthfulness or Untruthfulness: An Overview

228

(2)

Rule 608(a): Opinion or Reputation Testimony Relating to Truthfulness; When Permitted

230

(2)

Rule 608(b): Opinion or Reputation Testimony Relating to Truthfulness; Basis and Content

232

(1)

Rule 608(b)(1): Cross-Examination as to Specific Acts of Conduct of the Witness; Extrinsic Evidence

233

(2)

Rule 608(b)(2): Cross-examination of Character Witness as to Specific Acts of Conduct of Principal Witness; Extrinsic Evidence

235

(3)

Rule 609. Impeachment By Evidence of Conviction of Crime

238

(20)

Impeachment by Evidence of Conviction of a Crime: The Dilemma

240

(3)

Rule 609(a): Impeachment by Evidence of Conviction; The General Rule; An Overview

243

(2)

Rule 609(a)(1): Crimes Punishable by Death or Imprisonment in Excess of One Year; Discretionary Balancing Test

245

(4)

Rule 609(a)(2): Crimes of Dishonesty or False Statement

249

(3)

Rule 609(b): Conviction as to Which More Than Ten Years Has Elapsed

252

(1)

Rule 609(a) and (b): Method of Establishing Convictions; Preserving Error for Appeal; Timing of Ruling; Limiting Instructions

253

(3)

Rule 609(c): Effect of a Pardon, Annulment, or Certificate of Rehabilitation

256

(1)

Rule 609(d): Juvenile Adjudications

257

(1)

Rule 609(e): Pendency of Appeal

258

(1)

Rule 610. Religious Beliefs or Opinions

258

(1)

Religious Beliefs or Opinions

259

(1)

Rule 611. Mode and Order of Interrogation and Presentation

259

(31)

Mode and Order of Interrogation and Presentation: An Overview

260

(1)

Order of Presentation: Voir Dire, Opening Statements and Closing Arguments

261

(2)

Order of Presentation: Evidence Introduced at Trial

263

(2)

Rule 611(a): Control by Court of Order of Presentation of Evidence

265

(2)

Introduction of Evidence After Parties Rest

267

(1)

Direct Examination

267

(1)

Attendance of Witnesses and Production of Documents at Trial: Witness Fees

268

(1)

Rule 611(c): Form of Testimony on Direct; Leading Questions

268

(4)

Lack of Foundation: ``Voir Dire'' as to Admissibility of Evidence

272

(2)

Cross-Examination: An Overview; Rule 611(c), Leading Questions

274

(3)

Rule 611(b): Scope of Cross-Examination

277

(1)

Redirect and Recross Examination

278

(2)

Rebuttal and Surrebuttal: Corroboration of Witness; Rebutting Attacks

280

(1)

Trial Objections: An Overview; Form of the Question

281

(2)

Question Is Too Broad or Calls for a Narrative Answer

283

(1)

Compound Questions

284

(1)

Question Is Repetitive: Asked and Answered

285

(1)

Question Calls for Conjecture, Speculation or Judgment of Veracity

285

(1)

Question Is Ambiguous, Imprecise, Unintelligible or Calls for a Vague Answer

286

(1)

Question Is Argumentative or Contains an Improper Characterization

287

(1)

Questions Assuming Facts Either Not in Evidence or in Dispute

288

(1)

Misquoting a Witness in a Question

289

(1)

Unresponsive Answer: No Question Pending

289

(1)

Rule 612. Writing Used to Refresh Memory

290

(7)

Refreshing Recollection: General Considerations; Use of Leading Questions

291

(3)

Rule 612: Writings Used to Refresh Memory

294

(3)

Rule 613. Prior Statements of Witnesses

297

(11)

Rule 613(a) and (b): Prior Statements of Witnesses; An Overview

298

(1)

Prior Statements of Witnesses: Requirement of Inconsistency

299

(2)

Prior Statements of Witnesses: Foundation Requirement; Good Faith Basis; Extrinsic Proof; Limiting Instruction

301

(4)

Requiring a Foundation on Cross-Examination

305

(2)

Prior Conduct of a Witness

307

(1)

Use of Suppressed Statements and Illegally Seized Evidence to Impeach

307

(1)

Rule 614. Calling and Interrogation of Witnesses by Court

308

(3)

Rule 614(a): Calling of Witnesses by the Court

308

(2)

Rule 614(b): Interrogation by the Court

310

(1)

Rule 614(c): Objection to Calling or Interrogation of Witness

310

(1)

Rule 615. Exclusion of Witnesses

311

(3)

Exclusion and Separation of Witnesses

311

(3)

Article VII. Opinions and Expert Testimony

Opinions of Lay and Expert Witnesses

314

(1)

Opinions of Lay and Expert Witnesses: Historical Perspective and Introduction

314

(2)

Rule 701. Opinion Testimony by Lay Witnesses

316

(4)

Opinion Testimony of Lay Witnesses

317

(3)

Rule 702. Testimony By Experts

320

(32)

Testimony by Experts: An Overview

320

(3)

Qualifications of Experts

323

(1)

Compensation of Experts; Compelling Testimony at Trial, Contingent Fees

324

(1)

Assist the Trier of Fact; Common Knowledge

324

(1)

``Gatekeeping'' Under Daubert/Kumho/Rule 702: Determining ``Reliable''

325

(22)

Subjects of Expert Testimony

347

(5)

Rule 703. Bases of Opinion Testimony by Experts

352

(7)

Bases of Opinion Testimony by Experts

353

(6)

Rule 704. Opinion on Ultimate Issue

359

(5)

Opinion on Ultimate Issue: An Overview

360

(3)

Opinion on Ultimate Issue: Mental State or Condition

363

(1)

Rule 705. Disclosure of Facts or Data Underlying Expert Opinion

364

(5)

Disclosure of Facts or Data Underlying Expert Opinion

364

(2)

Discretionary Use of Hypothetical Question

366

(1)

Cross-Examining Experts

367

(2)

Rule 706. Court Appointed Experts

369

(8)

Court Appointed Experts: Policy Considerations

370

(3)

Court Appointed Experts: Procedure

373

(4)

Article VIII. Hearsay

The Hearsay Rule And Hearsay Exceptions

377

(1)

The Hearsay Rule and Hearsay Exceptions

377

(56)

Rules 801(a), (b) and (c). Definition of Hearsay

384

(1)

Rules 801(a)(1) and (2), (b) and (c): Definition of Hearsay

384

(8)

Rule 801(a)(2): Nonverbal Conduct Intended as an Assertion

392

(1)

Rule 801(a)(2): Nonverbal Conduct Not Intended as an Assertion

392

(2)

Rule 801(a)(1): Oral or Written Conduct Not Intended as an Assertion

394

(1)

Rule 801(c): Statements Offered Other Than to Prove the Truth of the Matter Asserted; Verbal Act; Characterizing Act; Affect on Listener; Impeachment

395

(2)

Rule 801(c): Statements Offered Other Than to Prove the Truth of the Matter Asserted; Circumstantial Evidence

397

(7)

Rule 801(c): Statements Offered Other Than to Prove the Truth of the Matter Asserted; Basis for Nonasserted Inference or ``Implied Assertion''

404

(3)

Rules 801(a), (b) and (c): Statements Not Made in Presence of Opposite Party

407

(1)

Rules 801(a), (b) and (c): Hearsay Admitted Without Objection

407

(1)

Rules 801(a), (b) and (c): Interpreting the Definition of Hearsay

408

(1)

Rule 801(d)(1). Statements Which are not Hearsay: Prior Statement by Witness

409

(1)

Rule 801(d)(1)(A): Prior Inconsistent Statements

410

(2)

Rule 801(d)(1)(B): Prior Consistent Statements

412

(2)

Rule 801(d)(1)(C): Prior Identification of a Person After Perceiving Him; Police Officer Testimony

414

(2)

Rule 801(d)(2). Statements Which are not Hearsay: Admission by Party-Opponent

416

(1)

Rule 801(d)(2): Admission by Party-Opponent; An Overview

417

(1)

Rule 801(d)(2)(A): Admissions; Statements of Party Made in Individual Capacity

418

(1)

Rule 801(d)(2)(A): Admissions; Plea of Guilty; Crimes Punishable in Excess of One Year, Minor Crimes Including Traffic Offenses

419

(1)

Rule 801(d)(2)(A): Admissions; Statements of Party Made in a Representative Capacity

420

(1)

Rule 801(d)(2): Admissions; Persons in Privity or Jointly Interested

421

(1)

Rule 801(d)(2)(B): Manifestation of Adoption or Belief in Truth of Statement; Words or Conduct

421

(1)

Rule 801(d)(2)(B): Admissions; Manifestation of Adoption or Belief in Truth of Statement; Silence

422

(2)

Rule 801(d)(2)(C): Admissions; Statements by Persons Authorized to Speak

424

(1)

Rule 801(d)(2)(D): Admissions; Statements by Agent or Servant Concerning Matter Within Scope of his Agency or Employment; Attorneys

424

(2)

Rules 801(d)(2): The Requirement of Personal Knowledge

426

(1)

Rule 801(d)(2)(E): Admissions; Statements by Coconspirator

426

(5)

Judicial and Evidentiary Admissions: Superseded and Alternative Pleadings; Testimony of a Party

431

(2)

Rule 802: Hearsay Rule

433

(15)

Rule 802: Hearsay Is Not Admissible

433

(1)

Rule 802: Hearsay Rule; Confrontation and Due Process

434

(14)

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial

448

(61)

Rule 803: Hearsay Exceptions; Availability of Declarant Immaterial

448

(2)

Rules 803(1) and (2). Present Sense Impression and Excited Utterance

450

(1)

Rule 803(1): Present Sense Impression

451

(1)

Rule 803(2): Excited Utterance; Abandonment of ``Res Gestae''

452

(3)

Rule 803(3). Then Existing Mental, Emotional, or Physical Condition; Intent as Proof of Doing Act Intended; Statement as Proof of Fact Remembered or Believed; Will Cases

455

(1)

Rule 803(3): Then Existing Mental, Emotional, or Physical Condition; Intent as Proof of Doing Act Intended; Statement as Proof of Fact Remembered or Believed; Will Cases

455

(5)

Rule 803(4). Statements for Purposes of Medical Diagnosis or Treatment

460

(1)

Rule 803(4): Statements for Purposes of Medical Diagnosis or Treatment

461

(3)

Rule 803(5). Recorded Recollection

464

(1)

Rule 803(5): Recorded Recollection

464

(2)

Rule 803(6). Records of Regularly Conducted Activity

466

(1)

Rule 803(6): Records of Regularly Conducted Activity; Business Records

467

(11)

Rule 803(7). Absence of Entry in Records of Regularly Conducted Activity

478

(1)

Rule 803(7): Absence of Entry in Records of Regularly Conducted Activity

479

(1)

Rule 803(8). Public Records and Reports

480

(1)

Rule 803(8): Public Records and Reports

480

(7)

Rule 803(9). Records of Vital Statistics

487

(1)

Rule 803(9): Records of Vital Statistics

487

(2)

Rule 803(10). Absence of Public Record or Entry

489

(1)

Rule 803(10): Absence of Public Record or Entry

489

(1)

Rule 803(11). Records of Religious Organizations

490

(1)

Rule 803(11): Records of Religious Organizations

490

(1)

Rule 803(12). Marriage, Baptismal, and Similar Certificates

491

(1)

Rule 803(12): Marriage, Baptismal and Similar Certificates

492

(1)

Rule 803(13). Family Records

493

(1)

Rule 803(13): Family Records

493

(1)

Rule 803(14). Records of Documents Affecting an Interest in Property

494

(1)

Rule 803(14): Records of Documents Affecting an Interest in Property

495

(1)

Rule 803(15). Statements in Documents Affecting an Interest in Property

496

(1)

Rule 803(15): Statements in Documents Affecting an Interest in Property

496

(1)

Rule 803(16). Statements in Ancient Documents

497

(1)

Rule 803(16): Statements in Ancient Documents

497

(1)

Rule 803(17). Market Reports, Commercial Publications

498

(1)

Rule 803(17): Market Reports, Commercial Publications; Mortality Tables

498

(2)

Rule 803(18). Learned Treatises

500

(1)

Rule 803(18): Learned Treatises

500

(2)

Rule 803(19). Reputation Concerning Personal or Family History

502

(1)

Rule 803(19): Reputation Concerning Personal or Family History

503

(1)

Rule 803(20). Reputation Concerning Boundaries or General History

504

(1)

Rule 803(20): Reputation Concerning Boundaries or General History

504

(1)

Rule 803(21). Reputation as to Character

505

(1)

Rule 803(21): Reputation as to Character

505

(1)

Rule 803(22). Judgment of Previous Conviction

506

(1)

Rule 803(22): Judgment of Previous Conviction; Other Adjudications

506

(2)

Rule 803(23). Judgment as to Personal, Family, or General History, or Boundaries

508

(1)

Rule 803(23): Judgment as to Personal, Family or General History, or Boundaries

508

(1)

Rule 803(24). Other Exceptions

509

(1)

Rule 803(24): Other Exceptions

509

(1)

Rule 804. Hearsay Exceptions, Declarant Unavailable

509

(28)

Rule 804: Hearsay Exceptions, Declarant Unavailable

509

(3)

Rule 804(a). Definition of Unavailability

512

(1)

Rule 804(a): Definition of Unavailability

513

(3)

Rule 804(b)(1). Former Testimony

516

(1)

Rule 804(b)(1): Former Testimony

516

(6)

Rule 804(b)(2). Statement Under Belief of Impending Death

522

(1)

Rule 804(b)(2): Statement Under Belief of Impending Death

523

(1)

Rule 804(b)(3). Statement Against Interest

524

(1)

Rule 804(b)(3): Statement Against Interest

525

(8)

Rule 804(b)(4). Statement of Personal or Family History

533

(1)

Rule 804(b)(4): Statement of Personal or Family History

533

(2)

Rule 804(b)(5). Other Exceptions

535

(1)

Rule 804(b)(5): Other Expenses

535

(1)

Rule 804(b)(6). Forfeiture by Wrongdoing

535

(1)

Rule 804(b)(6): Forfeiture By Wrongdoing

535

(2)

Rule 805. Hearsay Within Hearsay

537

(1)

Rule 805: Hearsay Within Hearsay

537

(1)

Rule 806. Attacking and Supporting Credibility of Declarant

538

(2)

Rule 806: Attacking and Supporting Credibility of Declarant

538

(2)

Rule 807. Residual Exception

540

(8)

Residual Exception

541

(7)

Article IX. Authentication and Identification

Rules 901(a) and (b). Requirement of Authentication or Identification

548

(22)

Rules 901(a) and (b): Authentication and Identification: General Provision

548

(2)

Rule 901(b)(1). Testimony of Witness With Knowledge

550

(1)

Rule 901(b)(1): Testimony of Witness With Knowledge; Chain of Custody

551

(1)

Rule 901(b)(2). Nonexpert Opinion on Handwriting

552

(1)

Rule 901(b)(2): Nonexpert Opinion on Handwriting

553

(2)

Rule 901(b)(3). Comparison By Trier or Expert Witness

555

(1)

Rule 901(b)(3): Comparison by Trier or Expert Witness

555

(2)

Rule 901(b)(4). Distinctive Characteristics and the Like

557

(1)

Rule 901(b)(4): Distinctive Characteristics and the Like

557

(1)

Rule 901(b)(5). Voice Identification

558

(1)

Rule 901(b)(5): Voice Identification; Sound Recordings; Transcripts of Recordings

559

(2)

Rule 901(b)(6). Telephone Conversations

561

(1)

Rule 901(b)(6): Telephone Conversations

561

(1)

Rule 901(b)(7). Public Records or Reports

562

(1)

Rule 901(b)(7): Public Records or Reports

563

(2)

Rule 901(b)(8). Ancient Documents or Data Compilation

565

(1)

Rule 901(b)(8): Ancient Documents or Data Compilation

565

(1)

Rule 901(b)(9). Process or System

566

(1)

Rule 901(b)(9): Process or System; Computer Records, Faxed Documents, E-Mail, Web Sites

566

(3)

Rule 901(b)(10). Methods Provided by Statute or Rule

569

(1)

Rule 901(b)(10): Methods Provided by Statute or Rule

569

(1)

Rule 902. Self-Authentication

570

(18)

Rule 902: Self-Authentication

570

(1)

Rule 902(1). Domestic Public Documents Under Seal

571

(1)

Rule 902(1): Domestic Public Documents Seal; Attestation

572

(1)

Rule 902(2). Domestic Public Documents Not Under Seal

572

(1)

Rule 902(2): Domestic Public Documents Not Under Seal

573

(1)

Rule 902(3). Foreign Public Documents

573

(1)

Rule 902(3): Foreign Public Documents

574

(1)

Rule 902(4). Certified Copies of Public Records

575

(1)

Rule 902(4): Certified Copies of Public Records

576

(2)

Rule 902(5). Official Publications

578

(1)

Rule 902(5): Official Publications

578

(1)

Rule 902(6). Newspapers and Periodicals

578

(1)

Rule 902(6): Newspapers and Periodicals

579

(1)

Rule 902(7). Trade Inscriptions and the Like

579

(1)

Rule 902(7): Trade Inscriptions and the Like

579

(1)

Rule 902(8). Acknowledged Documents

580

(1)

Rule 902(8): Acknowledged Documents

580

(1)

Rule 902(9). Commercial Paper and Related Documents

581

(1)

Rule 902(9): Commercial Paper and Related Documents

581

(1)

Rule 902(10). Presumptions Under Acts of Congress

582

(1)

Rule 902(10): Presumptions Under Acts of Congress

582

(1)

Rule 902(11). Certified Domestic Records of Regularly Conducted Activity

583

(1)

Rule 902(11): Certified Domestic Records of Regularly Conducted Activity

584

(1)

Rule 902(12). Certified Foreign Records of Regularly Conducted Activity

585

(1)

Rule 902(12): Certified Foreign Records of Regularly Conducted Activity

586

(2)

Rule 903. Subscribing Witness' Testimony Unnecessary

588

(4)

Rule 903: Subscribing Witness' Testimony Unnecessary

588

(2)

Article X. Contents of Writings, Recordings, and Photographs

Rules 1001-1008. The Original Writing (Best Evidence) Rule

590

(1)

The Original Writing (Best Evidence) Rule

590

(2)

Rule 1001. Definitions

592

(4)

Rules 1001(1), (2) and (3): Nature of an Original; An Overview

593

(1)

Rule 1001(3): Nature of an Original; Business and Public Records; Telegrams; Faxed Documents; E-Mail

594

(1)

Rule 1001(4): Duplicates

595

(1)

Rule 1002. Requirement of Original

596

(6)

Rule 1002: Requirement of Original: An Overview

596

(2)

Rule 1002: Requirement of Original; Former Testimony; Depositions

598

(2)

Rule 1002: Document Speaks for Itself; Cross-Examination on Writing

600

(1)

Rules 1002 and 1001(2): Photographs

601

(1)

Rule 1002: Chattels Bearing Inscription

602

(1)

Rule 1003. Admissibility of Duplicates

602

(2)

Rule 1003: Admissibility of Duplicates

602

(2)

Rule 1004. Admissibility of Other Evidence of Contents

604

(4)

Rule 1004: Admissibility of Other Evidence of Contents; No Degrees of Secondary Evidence

604

(1)

Rule 1004(1): Original Lost or Destroyed

605

(1)

Rule 1004(2): Original in Possession of Third Person Not Obtainable

606

(1)

Rule 1004(3): Original in Possession of Opponent; Notice to Produce

606

(1)

Rule 1004(4): Collateral Matters

607

(1)

Rule 1005. Public Records

608

(1)

Rule 1005: Public Records

608

(1)

Rule 1006. Summaries

609

(2)

Rule 1006: Summaries

610

(1)

Rule 1007. Testimony or Written Admission of Party

611

(1)

Rule 1007: Testimony or Written Admission of Party

611

(1)

Rule 1008. Functions of Court and Jury

612

(3)

Rule 1008: Functions of Court and Jury

613

(2)

Article XI. Miscellaneous Rules

Rule 1101. Applicability of Rules

615

(4)

Rule 1101: Applicability of Rules

618

(1)

Rule 1102. Amendments

619

(1)

Rule 1103. Title

619

(2)

Index

621

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Federal Rules of Evidence in a Nutshell

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Table of Contents

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