A Practical Guide to Federal Evidence

by Anthony J. Bocchino (Author) , David A. Sonenshein (Author)

Publisher: NITA

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Print Book :Softbound, 354 pages

12th Edition

ISBN: 9781601567673

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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.

Authors / Contributors

Anthony J. Bocchino

David A. Sonenshein

Anthony J. Bocchino

Professor Anthony Bocchino is the Jack E. Feinberg Professor of Litigation Emeritus of the Temple University Beasley School of Law. He served as a full-time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979 and served for 10 years as the Director of Advocacy. He has designed the program, written materials, and taught in the law school’s Integrated Trial Advocacy Program, which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association.

Professor Bocchino has been honored with teaching awards from Duke University School of Law, where he received the Mordecai Society Award, and the Beasley School of Law, where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.

In addition to his law school duties, Professor Bocchino has an over 40 year relationship with NITA, and served as a faculty member, author, Editor in Chief, and Director. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice, and appellate advocacy programs for more than thirty law firms and numerous public agencies, including several projects for the Federal Judicial Center. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.

Professor Bocchino is the author of over sixty books and articles, predominantly in the fields of evidence, trial advocacy, civil litigation and professional responsibility. His most recent book with David Sonensein, entitled The Modern Deposition (Amazon 2017), has been evaluated as revolutionary and groundbreaking. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.

Professor Bocchino is a member of the Order of the Coif, has been elected to the American Law Institute and designated a Fellow of the American Bar Foundation; Litigation Counsel of America; and the International Society of Barristers.

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David A. Sonenshein

David A. Sonenshein is the I. Herman Stern Professor of Law Emeritus at Temple University. He has also been a faculty member at George Washington University National Law Center, DePaul University College of Law, and Boston University School of Law, teaching civil procedure, criminal procedure, evidence, professional responsibility, trial advocacy, and complex civil litigation. He has received the Outstanding Professor Award at both DePaul and Temple Law Schools a total of six times. He is a nationally recognized lecturer on the law of evidence in the courtroom. As a consultant to the Federal Judicial Center, he leads seminars for all new federal district court judges on the law of evidence, as well as offering seminars for experienced U.S. district court judges. He has served as an instructor on evidence and trial advocacy for NITA, AILTO (of which he is the Director), ALI-ABA, and the National Practice Institute.

Professor Sonenshein earned the Francis E. Rawle Award from the American Law Institute and American Bar Association for his outstanding contributions to the field of post-admission legal education. He received his B.A. from Cornell University and his J.D. from New York University School of Law.

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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

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A Practical Guide to Federal Evidence

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Authors / Contributors

Anthony J. Bocchino

David A. Sonenshein

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