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New Jersey Evidence Courtroom Manual

A concise, single-volume handbook for use in the courtroom to provide answers and guidelines for evidentiary questions.
Publisher: LexisNexis
eBook :mobi
2018 Edition
$232.00
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ISBN: 9781522134220
Publisher: LexisNexis
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Book Edition: 2018

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This convenient softbound manual is designed specifically for courtroom use and offers judges and practitioners many trial-tested features that not only provide fast, accurate answers to evidentiary questions, but also guide the user to the underlying authorities and secondary sources.

Written by Glen Weissenberger, one of the nation's most widely-published evidence scholars, New Jersey Evidence Courtroom Manual provides quick, authoritative answers to evidence questions arising in the course of trials and hearings.

Features include:

Up-to-date evidentiary statutes and summaries of the common law
Authoritative commentary
Scores of cases and constitutional considerations affecting evidence issues
Illustration sections demonstrating the proper handling of evidentiary issues during trial
Analysis of current trends and new developments in the law of evidence
Complementary statutes
Quick-reference index
Section locator

The eBook versions feature links to Lexis Advance for further legal research options.

Featured Authors

Table of Contents

I: General Provisions


101. Scope; Definitions
101(a). Applicability; Exceptions
101(b). Definitions
101(c). Repeal
102. Purpose and Construction
103. Rulings on Evidence (Not Adopted)
104. Preliminary Questions
105. Limited Admissibility 106. Remainder of or Related Writings or Recorded Statements


II: Judicial Notice


201. Judicial Notice of Law and Adjudicative Facts
202. Judicial Notice in Proceedings Subsequent to Trial


III: Presumptions

301. Effect of Presumption
302. Choice of Law
303. Presumptions Against the Accused in Criminal Cases

IV: Relevancy and Its Limits

401. Definition of "Relevant Evidence"
402. Relevant Evidence Generally Admissible
403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
404. Character Evidence Not Admissible to Prove Conduct; 


Exceptions; Other Crimes; Evidence

405. Methods of Proving Character
406. Habit, Routine Practice
407. Subsequent Remedial Measures
408. Settlement Offers and Negotiations
409. Payment of Medical and Similar Expenses
410. Inadmissibility of Pleas, Plea Discussions and Related Statements
411. Liability Insurance
412. Prosecutions for Rape and Related Offenses (Not Adopted)


V: Privileges

500. General Rule
501. Privilege of Accused
502. Definition of Incrimination
503. Self-Incrimination
504. Lawyer-Client Privilege
505. Psychologist Privilege
506. Patient and Physician Privilege
507. Utilization Review Committees of Certified Hospital or Extended Care Facility; Exceptions
508. Newsperson's Privilege
509. Marital Privilege--Confidential Communications
510. Marriage Counselor Privilege
511. Priest-Penitent Privilege
512. Religious Belief
513. Political Vote
514. Trade Secret
515. Official Information
516. Identity of Informer
517. Victim Counselor Privilege
518. Social Worker Privilege
519-529 [Reserved]
530. Waiver of Privilege by Contract or Previous Disclosure; Limitations
531. Admissibility of Disclosure Wrongfully Compelled
532. Reference to Exercise of Privileges
533. Effect of Error in Overruling Claim of Privilege


VI: Witnesses

601. General Rule of Competency
602. Lack of Personal Knowledge
603. Oath or Affirmation
604. Interpreters
605. Restriction on Judge as Witness
606. Restriction on Juror as Witness
607. Credibility and Neutralization
608. Evidence of Character for Truthfulness or Untruthfulness
609. Impeachment by Evidence of Conviction of Crime
610. Religious Beliefs or Opinions
611. Mode and Order of Interrogation and Presentation
612. Writing Used to Refresh Memory
613. Prior Statements of Witnesses
614. Calling and Interrogation of Witnesses by Judge
615. Sequestration of Witnesses


VII: Opinion and Expert Testimony


701. Opinion Testimony of Lay Witnesses
702. Testimony by Experts
703. Bases of Opinion Testimony by Experts
704. Opinion on Ultimate Issue
705. Disclosure of Facts or Data Underlying Expert Opinion; Hypotheses Not Necessary
706. Court Appointed Experts [Not Adopted]


VIII: Hearsay

801. Definitions
802. Hearsay Rule
803(a). Hearsay Exceptions Not Dependent On Declarant's Unavailability--Prior Statement of Witnesses
803(b). Hearsay Exceptions Not Dependent On Declarant's Unavailability--Admission by Party Opponent
803(c). Hearsay Exceptions Not Dependent On Declarant's Unavailability--Statements Not Dependent on Declarant's Availability
804. Hearsay Exceptions: Declarant Unavailable
805. Hearsay Within Hearsay
806. Attacking and Supporting Credibility of Declarant
807. Discretion of Judge to Exclude Evidence Under Certain Exceptions
808. Expert Opinion Included in a Hearsay Statement Admissible Under an Exception


IX: Authentification and Identification

901. Requirement of Authentication or Identification
902. Self-Authentication
903. Testimony of Subscribing Witness Unnecessary


X: Contents of Writings and Photographs

1001. Definitions
1002. Requirement of Original
1003. Admissibility of Duplicates
1004. Admissibility of Other Evidence as Contents
1005. Public Records
1006. Summaries
1007. Testimony or Written Admission of Party
1008. Functions of Judge and Jury


XI: Miscellaneous

1101. Applicability of Rules (Not Adopted)
1102. Amendment of Rule (Not Adopted)
1103. Title


Appendix



Advisory Committee Notes to the New Jersey Rules of Evidence