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LAYING FOUNDATIONS AND MEETING OBJECTIONS: How to Succeed with Exhibits at Deposition and Trial

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ISBN/ISSN: 9781601562661
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ISBN/ISSN: 9781632813886
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In Laying Foundations and Meeting Objections, Deanne Siemer gives you the questions to ask and the answers to get from your witness so that your exhibits will be admitted in evidence. Set up the foundation for an exhibit and protect against the objections available to your opponent. This text provides easy-to-follow examples for text documents, e-mails, spreadsheets, computer printouts, charts, graphs, maps, diagrams, drawings, computer animations, and more.

Never lose an exhibit to your opponent's objection. Make sure you do not miss any of the four elements of foundation: competence of the witness, identification of the exhibit, relevance, and authentication. Each of the elements has specific requirements right from the evidence rules. Keep yourself on firm ground so that each element is met. See how you can separate the objection to foundation from the other objections--hearsay, original document, and policy (undue prejudice, confusion, waste of time)--so that you can respond quickly and effectively when your opponent challenges your exhibit.

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Table of contents

CONTENTS

Introduction

Part One The Fundamentals: Foundation and Objections

1.1 Laying Foundation for Exhibits
1.2 Meeting Objections to Exhibits
1.3 Ethics Rules and Exhibits

Part Two Text Documents
2.1 Original Documents
2.2 Duplicates and Nonconforming Copies of Text Documents
2.3 Summaries of Documents
2.4 E-Mail and Other E-Discovery Documents

Part Three Numbers Documents: Charts, Graphs, Time Lines, Tables, and Computer Data Printouts
3.1 Charts and Graphs
3.2 Timelines
3.3 Tables and Computer Data Printouts

Part Four Illustrative Documents: Maps, Diagrams, Drawings, and Sketches
4.1 Maps
4.2 Drawings
4.3 Diagrams
4.4 Sketches

Part Five Physical Objects and Substances
5.1 Unique Objects
5.2 Nonunique Objects and Substances

Part Six Recordings of Physical Objects: Photographs, Medical Imaging, and Video and Audio Recordings
6.1 Photographs
6.2 Medical Imaging: CAT Scans, Magnetic Resonance Images, X-Rays, and Sonograms
6.3 Video Recordings
6.4 Audio Recordings

Part Seven Replications of Physical Objects: Animations, Models, Demonstrations, and Reconstructions
7.1 Animations
7.2 Models
7.3 Demonstrations
7.4 Reconstructions

Part Eight Special Considerations: Exhibits in Depositions, Pretrial Motions, and Trials
8.1 Depositions
8.2 Pretrial Motions
8.3 Trials