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A Practical Guide to Federal Evidence
This guide outlines the foundations needed to admit evidence—useful whether you are proffering or objecting. The Quick Reference Guide at the end of the book provides instant access to ninety common objections. New with this edition, the eBook links the objections in the Quick Reference Guide back to the full text, putting instant reference to the appropriate rule and commentary at your fingertips.
Publisher: NITA
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The Twelfth Edition of A Practical Guide to Federal Evidence is a fundamental revision of this essential reference book. In addition to including changes in the Federal Rules of Evidence through December 1, 2017, this guide has been updated to reflect current trial practice. The modernized writing style makes the information easy to comprehend and put into practice. This book will help you think on your feet when you offer or oppose objections during pretrial and trial. Each section is laid out for easy reference and includes:
- a definition of the topic;
- the specific forms of objections and responses;
- the controlling rule; and
- commentary that gives experienced, real-world insights into typical issues you might confront.
This guide outlines the foundations needed to admit evidence—useful whether you are proffering or objecting. The Quick Reference Guide at the end of the book provides instant access to ninety common objections. New with this edition, the eBook links the objections in the Quick Reference Guide back to the full text, putting instant reference to the appropriate rule and commentary at your fingertips.
Table of Contents
CONTENTS
FOREWORD
ACKNOWLEDGMENTS
CHAPTER 1. GENERAL CONSIDERATIONS
Objections
Offers of Proof
Competence to Testify
Firsthand Knowledge
Judicial Notice
Presumptions
Privileges
CHAPTER 2. FORMS OF QUESTIONS
Ambiguous Questions
Argumentative Questions
Asked and Answered
Assuming Facts Not in Evidence
Compound Questions
Leading Questions
Misquoting the Witness
Narratives
Refreshing Present Recollection
Nonresponsive Answers
CHAPTER 3. RELEVANCE
Relevance: Generally
Relevance: Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Relevance: Conditional Admissibility
Relevance: Rule of Completeness
Relevance: Limited Admissibility
Habit and Routine Practice
Subsequent Remedial Measures
Compromise Offers and Negotiations
Offers to Pay Medical and Similar Expenses
Guilty Pleas, Offers of Pleas, and Related Statements
Insurance against Liability
CHAPTER 4. AUTHENTICATION AND ORIGINAL DOCUMENTS
Authentication of Instruments
Authentication of Telephone Conversations and Voices
Original Document Rule (Best Evidence Rule)
CHAPTER 5. EXHIBITS
Exhibits: Writings
Exhibits: Illustrative
Exhibits: Demonstrative
Exhibits: Tangible Objects
CHAPTER 6. OPINIONS
Lay Opinion Evidence
Expert Opinion
CHAPTER 7. CROSS-EXAMINATION AND IMPEACHMENT
Cross-Examination: Generally
Cross-Examination: Scope
Impeachment: Generally
Impeachment by Bias, Prejudice, Interest, and Improper Motive
Impeachment by Character Evidence
Impeachment of Memory
Impeachment of Perception
Impeachment by Prior Conviction (Civil Cases)
Impeachment by Prior Conviction (Criminal Cases)
Impeachment by Prior Inconsistent Statements
Impeachment by Specific Instances of Conduct
CHAPTER 8. CHARACTER EVIDENCE
Character Evidence: Generally
Character Evidence: The Accused or Victim in a Criminal Case
Character Evidence: Prior Sexual Activity of Alleged Victim (Criminal Cases)
Character Evidence: Prior Sexual Activity of Alleged Victim (Civil Cases)
Character Evidence: Evidence of Similar Crimes or Acts in Civil or Criminal Sexual Assault or Child Molestation Cases
Character Evidence: Other Acts, Crimes, or Wrongs
CHAPTER 9. HEARSAY
Hearsay: Generally
Hearsay in Criminal Cases: Confrontation Clause Issues
Hearsay: Hearsay within Hearsay
Hearsay: Attacking and Supporting the Credibility of a Hearsay Declarant
Hearsay: Nonhearsay Prior Statements
Hearsay: Nonhearsay Opposing Party Statements
Hearsay Exception: Present Sense Impression
Hearsay Exception: Excited Utterance
Hearsay Exception: Then-Existing Mental or Emotional Condition
Hearsay Exception: Then-Existing Physical Condition
Hearsay Exception: Statements for Purposes of Medical Diagnosis or Treatment
Hearsay Exception: Recorded Recollection
Hearsay Exception: Records of Regularly Conducted Activity (Business Records)
Hearsay Exception: Absence of Entry in Business Records
Hearsay Exception: Public Records and Statements
Hearsay Exception: Absence of Public Record
Hearsay Exception: Records of Vital Statistics
Hearsay Exception: Records of Religious Organizations
Hearsay Exception: Marriage, Baptismal, and Similar Certificates
Hearsay Exception: Family Records
Hearsay Exception: Records of Documents Affecting an Interest in Property
Hearsay Exception: Statements in Documents Affecting an Interest in Property
Hearsay Exception: Statements in Ancient Documents
Hearsay Exception: Market Reports and Commercial Publications
Hearsay Exception: Learned Treatises
Hearsay Exception: Reputation Concerning Personal or Family History
Hearsay Exception: Reputation Concerning Boundaries or General History
Hearsay Exception: Reputation as to Character
Hearsay Exception: Judgment of Previous Conviction
Hearsay Exception: Judgment as to Personal, Family or General History, or Boundaries
Hearsay Exception: Requirement of Unavailability
Hearsay Exception: Former Testimony
Hearsay Exception: Statement under Belief of Impending Death
Hearsay Exception: Statement against Interest
Hearsay Exception: Statement of Personal or Family History
Hearsay Exception: Forfeiture by Wrongdoing
Hearsay Exception: Residual Exception
APPENDIX
Federal Rules of Evidence
Quick Reference Guide
