How to Lay and Oppose Evidentiary Foundations
Remembering all the elements required to lay a proper foundation can be difficult. Take the simple admission of a letter. First you have to authenticate the document, then demonstrate that it complies with the best evidence rule if its terms are in issue, then show that it is not hearsay if you intend to use its contents. Trial Evidence Foundations is a quick-reference solution. Here is a handy courtroom guide that will keep you from overlooking any required foundational elements, and point out when your opponent has. Cleary and Tarantino's Trial Evidence Foundations contains the rule, elements, tactics, and key cases for most foundations.
Witnesses
- Competency
- Establishing credibility
- Attacking credibility
- Rehabilitation
Authentication
- Writings
- Oral statements
- Recordings
- Real or physical evidence
- Demonstrative evidence
Hearsay
- Admissions
- Declarations
- Records
- Excited utterances
- Present sense impression
Opinion
- Lay witnesses
- Experts
Privileges
- Waiver
- Specific privileges
Designed for use when time is short, the book is formatted for quick reference. Each foundation is tightly covered in three or four pages. Frequent headings and key words are emphasized with bold type, and case citations and descriptions are condensed with small type. 20 sturdy divider tabs, each printed with a foundation category and color-coded, quickly direct you to the correct page. The book is small enough to fit into a trial case and designed to be taken to the courtroom.
Use Mr. Tarantino’s helpful guidance to keep you from overlooking any required foundational elements, and point out when your opponent has. Trial Evidence Foundations provides step-by-step instructions for laying objection-proof foundations. The well-organized format makes it easy to quickly find the information you need. For each foundation, the book provides in three or four pages:
- The Rule. A concise statement of the scope, application and rationale of the rule underlying each foundation.
- Elements. The heart of the book, this section lists each fact which must be established to build a proper foundation.
- Tactics for the proponent: anticipating and avoiding the possible objections to your foundation, meeting any objections made, alternative admission procedures, expected judicial reactions, and tactics of the opposition.
- Tactics for the opponent: supporting your objection, alternative arguments, effect on the jury, judicial preferences, and protecting the record.
- Key cases. The names, citations, facts, and holdings of significant state and federal cases are listed. This section gives you fast, on-the-spot citations for the court, something any judge is sure to appreciate.
Frequent headings and key words are emphasized with bold type, and case citations and descriptions are condensed with small type. 20 sturdy divider tabs, each printed with a foundation category and color-coded, quickly direct you to the correct page. The book is small enough to fit into a trial case and designed to be taken to the courtroom. Includes a handy 30-page quick reference guide covering each type of evidence foundation.
Trial Evidence Foundations
