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California Objections

Publisher: James Publishing

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ISBN: 9781945421723
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The new edition of California Objections: Civil and Criminal brings you 19 updated chapters addressing more than 100 recent cases, plus a new objection added to the 125+ objections already in the book:

Objection: Proposed pleading amendment is untimely or prejudicial. Pattern language, commentary, tactics for objecting and responding, and case summaries are included.

New cases and updated text cover a broad range of topics. For example:

JURY SELECTION

  • Court’s obligation to advise a defendant of the mechanics of a jury trial in a waiver colloquy.
  • Excusing jurors based on questionnaire answers in capital cases.
  • Race neutral reasons for challenging a juror.

HEARSAY

  • Admissibility of exculpatory portion of declaration against penal interest.
  • Methods of proving a conviction of a sexually violent offense.

PRIVILEGES

  • Privileged status of invoices for legal services.
  • Factors courts should consider when determining whether inadvertent disclosure waived attorney-client privilege.
  • Privileged status of confidential attorney-client communications disclosed to a retained expert.
  • When a predecessor trustee may rely on attorney-client privilege to withhold confidential documents in trust’s files from a successor.
  • Disclosure of informant’s identity by prosecution when informant is a material witness.
  • Exclusion under collateral source rule of gratuitous payments by employer.
  • Threshold for admissibility of uncharged crimes evidence.

PHOTOGRAPHS AND RECORDINGS

  • Requirements for presenting a sound-and-video recording of a deposition or prior testimony.
  • Requirements for presenting a sound or sound-and-video recording other than a deposition or prior testimony.
  • Jurors’ use of a transcript as an aid while listening to a sound recording.

EXPERT WITNESSES

  • Expert testimony on gang behavior and language.
  • Expert testimony on excessive use of force.
  • Impeachment of an expert by defendant’s suppressed statement during sanity phase of criminal trial.
  • Admissibility of expert testimony based on hearsay.

ATTORNEY CONDUCT

  • When an attorney may be disqualified for violation of the “State Fund rule.”
  • Disqualification of attorney for conflict of interest when representing a client in multiple class actions.

CLOSING ARGUMENT

  • Scope of appellate review when prosecution in a criminal case elects in opening statement or closing argument to tie each count to a specific criminal act.
  • Proper and improper appeals to jurors during closing argument.

Table of Contents

Chapter 1 Objections, Motions and Related Procedures
Chapter 2 Jury Selection
Chapter 3 Jury Conduct and Management
Chapter 4 Order of Proceedings
Chapter 5 Opening Statement
Chapter 6 Witness Competence
Chapter 7 Witness Examination
Chapter 8 Relevance and Prejudice
Chapter 9 Hearsay
Chapter 10 Privileges and Public Policy Exclusions
Chapter 11 Character and Habit
Chapter 12 All Physical Evidence
Chapter 13 Photographs, Recordings and X-Rays
Chapter 14 Documents
Chapter 15 Parol Evidence
Chapter 16 Demonstrative Evidence
Chapter 17 Expert Witnesses
Chapter 18 Alternative Methods of Proof
Chapter 19 Disqualification of Judges and Judicial Conduct
Chapter 20 Attorney Conduct
Chapter 21 Closing Argument
Chapter 22 Submission to Jury and Deliberations
Table of Cases
Table of Statutes, Rules
Index