Trial Evidence Foundations
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Product description
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This handy courtroom guide will keep you from missing any of the elements required to lay a proper foundation and alert you to when your opponent has. The latest edition features 34 sections that have been updated with 70+ case notes of recent significant federal and state decisions.
Some of the topics covered include—
Rule of Completeness
- When otherwise inadmissible evidence is offered to satisfy rule of completeness.
Impeachment by Prior Bad Acts
- Sexual assault allegations to rebut a fabrication defense.
- Civil judgments in criminal case arising from same facts.
- Past retention of classified documents in prosecution for similar new offense.
Impeachment by Prior Convictions
- Conviction for tampering with evidence as dishonest act under Rule 609(a)(2).
- Judge reverses ruling and allows prior conviction in when defendant is in middle of testimony.
Lay Opinion Evidence
- Testimony of business owners, officers, and executives about business operations and projects.
- Testimony of police sergeant on speed of vehicle based on accident reconstruction calculations.
Expert Opinion Evidence– Daubert Consideration
- Expert opinion on class action requirements; reliance on data and information provided by third parties.
- Expert opinion on class action requirements; reliance on data and information provided by third parties.
Authentication
- Phone calls by defendant from jail.
- Video recordings between drug traffickers and defendants.
- Copies of harassing emails from father to daughter.
- Text messages between man and ex-wife.
- Facebook posts.
- Victim’s transcriptions of text messages from defendant.
- Text messages retrieved from cell phone by forensic techniques.
- Types of circumstantial evidence that will corroborate identity of sender of electronic communications.
Hearsay and Hearsay Exceptions
- Text messages offered to show mother’s awareness of daughter’s molestation.
- Requirements for forfeiture by wrongdoing doctrine.
- Evidence of flight requires extrinsic evidence of guilt.
- Requirements for adoptive admissions by silence.
- Declarant must be identified before his statement can be admissible as vicarious admission.
- Rule 36(b)(6) testimony is an evidential, not judicial, admission.
- Assessing context and trustworthiness of statements against interest.
- Terminally ill declarant’s affidavit accepting criminal liability was self-serving.
- State-of-mind exception not applicable to statements of memory or belief to prove the fact remembered or believed.
- Historic cell site analysis evidence not admissible as a business record.
- Bolivian government reports not admissible either as business records or public records, or under the residual exception.
- Sexual assault as a startling event for purposes of excited utterance exception.
Attorney-client and work product privilege
- Privileged documents required to be produced as discovery sanction were not admissible at trial.
Subsequent Remedial Measures
- Evidence of subsequent remedial measures to show control over construction site.
Character Evidence
- Evidence of intemperate habits as proof of drunkenness in accident cases.
- Evidence of the medical examiner’s administrative shortcomings and lack of candor with superiors to impeach credibility.
Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.
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Table of contents
1. INTRODUCTION TO EVIDENTIARY FOUNDATIONS
2. TRIAL PROCEEDINGS AND MOTIONS
3. WITNESSES
4. OPINION
5. AUTHENTICATION
6. HEARSAY
7. PRIVILEGES
8. OTHER EVIDENCE RULES
APPENDIX A: QUICK REVIEW FOUNDATION CHECKLISTS
QUICK REFERENCE CARD
INDEX
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