New Jersey Trial Evidence and Procedure
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New Jersey Trial Evidence and Procedure provides a practical and comprehensive presentation of trial evidence as well as procedure, encompassing the rules and laws governing trial found in evidence rules, court rules, court decisions, and Model Civil Jury Charges. This volume provides important practice pointers and insights as to how evidence law plays out in the courtroom for the best chance of success.
The new edition includes important updates on the topics of offer of judgment, affidavit of merit, litigation privilege, expert testimony, peremptory challenges, res ipsa loquitor, Rule 104 hearings, lay expert testimony, hearsay exceptions, the best evidence rule, common law right of access, and judicial recusal. It also features a new chapter on the appellate standards governing review of a jury verdict and trial court decisions.
Many critical evidentiary rules are found only in the New Jersey decisional law—for example, the parol evidence rule, the net opinion rule affecting experts, spoliation of evidence, and the adverse inference charge relating to witnesses, which are identified and discussed in this book.
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Table of contents
Chapter 1: Trial Calendar and Pretrial Information Exchange
Chapter 2: Selecting a Jury
Chapter 3: Jury Note Taking and Jury Questions
Chapter 4: Opening Statement
Chapter 5: Preliminary Hearing
Chapter 6: Conditional Evidence
Chapter 7: Judicial Notice
Chapter 8: Presumptions
Chapter 9: Relevance, Exclusionary Rules, Limiting Instructions, and Stipulations
Chapter 10: Character Evidence
Chapter 11: Privileges
Chapter 12: Lack of Personal Knowledge
Chapter 13: Order of Interrogation and Presentation of Proofs
Chapter 14: Refreshing Recollection and Past Recollection Recorded
Chapter 15: Questioning and Calling of Witnesses by the Trial Judge
Chapter 16: Sequestration of Witnesses
Chapter 17: Attacking Credibility
Chapter 18: Prior Inconsistent Statement Used to Impeach the Witness
Chapter 19: Prior Inconsistent Statements Admitted for Their Truth
Chapter 20: Prior Consistent Statements and Vouching
Chapter 21: Expert Testimony
Chapter 22: Use of Depositions and Prior Testimony at Trial
Chapter 23: Use of Interrogatory Answers at Trial and Requests for Admissions
Chapter 24: Hearsay
Chapter 25: Authentication of Trial Exhibits
Chapter 26: The Parol Evidence Rule
Chapter 27: Trial Objections
Chapter 28: Closing Statement
Chapter 29: Jury Charge and Verdict Sheet
Chapter 30: Trial Motions
Chapter 31: Punitive Damages
Chapter 32: Spoliation of Evidence
Chapter 33: Offer of Judgment
Chapter 34: Video Transmission of Trial Testimony
Chapter 35: Judge Recusal
Chapter 36: Appellate Standards in Reviewing Jury Verdict and Trial Court Decisions
Table of Cases
Table of Rules, Statutes and Jury Instructions
Index