Rhode Island Evidence Manual

Whether you are a judge or an attorney, Rhode Island Evidence Manual ...

by Professor Eric D. Green (Author) , Justice Robert G. Flanders, Jr. (Author)

Publisher: LexisNexis

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ISBN: 9780820574912

Publisher: LexisNexis

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Whether you are a judge or an attorney, Rhode Island Evidence Manual is a practical courtroom reference delivering all you need to know about the Rules of Evidence in Rhode Island. It includes the complete text of the Rhode Island Rules of Evidence and of Advisory Committee's Note for each rule. The chapter for each rule includes Rhode Island Supreme Court decisions interpreting that rule. When there are many cases about a rule, they are organized into subsections by topic, to make it easy for the reader to find a case on point.

This 2005 Edition of Rhode Island Evidence Manual has been updated to include new case law and legislation. This reader-friendly resource guides you quickly and efficiently to the information you need to build a winning case. The chapters are newly divided into sections and subsections that make it easier to find the answers to your questions. The table of cases is keyed to the new section structure, so it leads you swiftly to the desired goal.

Featured Authors

Professor Eric D. Green

Justice Robert G. Flanders, Jr.

Professor Eric D. Green

Eric. D. Green, Professor of Law, Boston University School of Law
J.D. magna cum laude, Harvard Law School

A leader in the national movement for alternative dispute resolution, Eric Green has served on the School of Law faculty since 1977. Early in his career, he clerked for Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court. He then became a member of the Los Angeles law firm of Munger, Tolles and Rickershauser and attorney advisor to the regional director of the Federal Trade Commission.

Professor Green is the founder of two Boston firms specializing in alternative dispute resolution, JAMS/Endispute, Inc., and Resolutions, LLC. At BUSL, he teaches courses and seminars in the areas of evidence, dispute resolution, complex processes, negotiation and mediation, and mass torts. He has also served as visiting professor at Harvard Law School. He is author of "What Will We Do When Adjudication Ends? We'll Settle in Bunches: Bringing Rule 23 Into the Twenty-first Century," for a 1997 issue of UCLA Law Review, and co-author of the textbook and teaching manual Problems, Cases, and Materials on Evidence.

In addition to his expertise in dispute resolution, Professor Green is a recognized authority in asbestos injury cases, serving as special master in multidistrict asbestos litigation and as the court-appointed legal representative for future claimants in several asbestos-related bankruptcies. He also served as the court-appointed mediator in the Microsoft and Enron/Arthur Anderson cases.

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Justice Robert G. Flanders, Jr.

Robert G. Flanders, Jr. is a former Justice of the Rhode Island Supreme Court, where he served from 1996 through 2004, when he resigned to return to private law practice and the teaching of law. Presently, he is a partner at the law firm of Hinckley, Allen & Snyder LLP in Providence, Rhode Island, where he concentrates in complex litigation matters. He is also a Distinguished Visiting Professor of Law at the Roger Williams University School of Law in Bristol, Rhode Island, where he teaches constitutional law and judicial process, and an Assistant Professor of Law and Public Policy at Brown University, where he teaches courses in law and public policy.

Judge Flanders is a graduate of Brown University (AB 1971), magna cum laude, and Harvard Law School (JD 1974). He is the author of numerous legal publications and articles, including an article on judicial dissents that the Roger William University Law Review published in 1999 entitled ¿The Utility of Dissenting Opinions in Courts of Last Resort.¿

Among his other interests, Judge Flanders serves on various non-profit boards, including serving as the Vice Chair of the Women & Infants Hospital Board, a Trustee of the Greater Providence YMCA, and a Board member of the Rhode Island Historical Society.

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ARTICLE I. GENERAL PROVISIONS

Chapter Rule 100. Title

Rule 101. Scope and Applicability of Rules

Rule 102. Purpose and Construction

Rule 103. Rulings On Evidence

Rule 104. Preliminary Questions

Rule 105. Limited Admissibility

Rule 106. Remainder Of Or Related Writings Or Recorded Statements

ARTICLE II. JUDICIAL NOTICE

Rule 201. Judicial Notice Of Adjudicative Facts

ARTICLE III. PRESUMPTIONS

Rule 301 Presumption and Inference Defined

Rule 302. Presumptions In Civil Proceedings

Rule 303. Presumption Affecting the Burden of Producing Evidence in Civil Cases Defined

Rule 304. Effect of Presumption Affecting Burden of Producing Evidence in Civil Cases

Rule 305. Presumption Affecting the Burden of Persuasion in Civil Cases Defined

Rule 306. Effect of Presumption Affecting Burden of Persuasion in Civil Cases

Rule 307. Presumptions in Criminal Cases

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 401. Definition Of “Relevant Evidence”

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

Rule 403. Exclusion Of Relevant Evidence On Grounds Of Prejudice, Confusion, Or Waste Of Time

Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes

Rule 405. Methods Of Proving Character

Rule 406. Habit; Routine Practice

Rule 407. Subsequent Remedial Measures

Rule 408. Compromise And Offers To Compromise

Rule 409. Payment Of Medical And Similar Expenses

Rule 410. Inadmissibility Of Pleas, Plea Discussions, And Related Statements

Rule 411. Liability Insurance

Rule 412. Sex Offense Cases; Relevance Of Victim’s Past Behavior

ARTICLE V. PRIVILEGES

501 Rule 501. Existing Privileges Retained

ARTICLE VI. WITNESSES

Rule 601. General Rule Of Competency

Rule 602. Lack Of Personal Knowledge

Rule 603. Oath Or Affirmation

Rule 604. Interpreters

Rule 605. Competency Of Judge As Witness

Rule 606. Competency Of Jurors As Witness

Rule 607. Who May Impeach

Rule 608. Evidence Of Character And Conduct Of Witness

Rule 609. Impeachment By Evidence Of Conviction Of Crime

Rule 610. Religious Beliefs Or Opinions

Rule 611. Mode And Order Of Interrogation And Presentation

Rule 612. Writing Used To Refresh Memory

Rule 613. Prior Statements Of Witnesses

Rule 614. Calling And Interrogation Of Witnesses By Court

Rule 615. Exclusion Of Witnesses

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 701. Opinion Testimony By Lay Witnesses

Rule 702. Testimony By Experts

Rule 703. Bases Of Opinion Testimony By Experts

Rule 704. Opinion On Ultimate Issue

Rule 705. Disclosure Of Facts Or Data Underlying Expert Opinion

Rule 706. Court Appointed Experts

ARTICLE VIII. HEARSAY

Rule 801. Definitions

Rule 802. Hearsay Rule

Rule 803. Hearsay Exceptions; Availability Of Declarant Immaterial

Rule 804. Hearsay Exceptions; Declarant Unavailable

Rule 805. Hearsay Within Hearsay

Rule 806. Attacking And Supporting Credibility Of Declarant

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

Rule 901. Requirement Of Authentication Or Identification

Rule 902. Self-Authentication

Rule 903. Subscribing Witness Testimony Unnecessary

ARTICLE X. CONTENTS OF WRITINGS, RECORDIGS, AND PHOTOGRAPHS

Rule 1001. Definitions

Rule 1002. Requirement Of Original

Rule 1003. Admissibility Of Duplicates

Rule 1004. Admissibility Of Other Evidence Of Contents

Rule 1005. Public Records

Rule 1006. Summaries

Rule 1007. Testimony Or Written Admission Of Party

Rule 1008. Functions Of Court And Jury

Rhode Island Evidence Manual

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Featured Authors

Professor Eric D. Green

Justice Robert G. Flanders, Jr.

Table of Contents

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