Trial Evidence Foundations
Back to the book page
To quickly search for key terms, use your browser's 'Find' function, found in the 'Edit' menu.
Table of Contents
1. Introduction
to Evidentiary Foundations
§100 In General: Laying
a Foundation
§100.1 Miscellaneous Tools for Foundations (Documents, Discovery Responses
and Prior Testimony)
§100.2 Inapplicability of the Federal Rules
§100.3 Purpose and Construction of the Rules
§101 Witness
Preparation
§102 Witness
Preparation Checklist
§110 Direct Examination
§111 Judicial Control
Over Presentation of Evidence
§112 Judicial Control
Over Jury’s Right to Interrogate Witness
§113 Judicial Control
Over Structuring Admission of Evidence
§120 Cross-Examination
§121 Judicial Control
of Cross-Examination
§122 Request for
Admissions
§130 Trial Tactics
§131 Deficiencies
§131.1 Effects of
Erroneous Rulings
§132 Objections
§132.1 Responding to
Objections
§132.2 Remedial Actions
§132.3 Objections Based
on Prejudicial Evidence
§133 Offers of Proof
§133.1 Plain Error
Doctrine
§134 Rule of
Completeness
§135 Harmless Error
Doctrine
§136 Constitutional
Error
§140 Practice Pointers
2. Trial
Proceedings and Motions
§200 In General
§201 Voir Dire
§202 Opening Statements
§202.1 Checklist on
Opening Statements
§203 Closing Arguments
§203.1 Checklist on
Closing Arguments
§210 Motions in Limine
§210.1 Appealability of Motions in Limine
§211 Conditional
Relevance
§212 Curative
Admissibility
§220 Motion to Strike
§230 Motion to Voir
Dire
§240 Request for
Limiting Instructions
§250 Motions Heard
Outside Presence of Jury
§251 Pretrial Testimony
by Accused
§251.1 Special Cases: Testimony by the Accused in Criminal Cases (Arguments
by the Prosecutor)
§252 Attacking Weight
or Credit to Be Given Evidence
§260 Practice Pointers
3. Witnesses
§300 In General
§310 Competency:
General
§311 Competency to
Stand Trial
§312 Criminal
Responsibility
§320 Competency:
Specific Areas
§321 Personal Knowledge
§322 Child Witness
§322.1 Self
Representation and Child Witness
§322.2 Guidelines for
Child Witness Testimony
§322.3 Statutory
Presumption of Child Witness’ Competency to Testify
§323 Witness Spouse
§324 Miscellaneous
Attacks on Competency
§324.1 Dead Man’s
Statutes (Survivorship Statutes)
§324.2 Felons
§324.3 Language
Barriers
§324.4 Inability or
Unwillingness to Take Oath
§324.5 Testimonial
Privileges
§324.6 Insanity
§324.7 Mental
Deficiency
§324.8 Judges
§324.9 Jurors
§324.10 Hypnosis
§324.11 Attorneys
§324.12 Narcotics Users
§324.13 Facilitated Communication
§325 Witnesses Called
by Court
§330 Credibility:
Establishment
§331 Prior
Identification
§332 Fresh Complaint
§333 Expert Testimony
Relating to Credibility
§340 Credibility:
Attack
§341 Impeachment
§341.1 Prior Bad Acts
§341.2 Character Trait
of Untruthfulness
§341.3 Convictions
§341.4 Bias
§341.4.1 Evidence of
Pending Charges Against State Witnesses
§341.5 Prior
Inconsistent Statements
§341.6 Deficiencies in
Mental or Physical Capacity
§341.6.1 Psychiatric
Testimony to Attack a Witness’ Competency
§341.7 Exclusion of
Witnesses
§341.8 Impeachment of a
Party’s Own Witness
§341.9 The Empty Chair
Doctrine
§341.10 Impeachment Through Other Witness
Contradiction
§341.11 Impeachment of Hearsay Declarants
§350 Rehabilitation
§351 Prior Consistent
Statements
§352 Character Trait of
Truthfulness
§353 Underlying Acts
Resulting in Conviction
§354 Rehabilitation of
Hearsay Declarants
§355 Rehabilitation
Through Evidence Attacking Party’s Prior Bad Act
§356 Rehabilitation:
Daubert Challenges
§360 Practice Pointers
4. Opinion
§400 In General
§410 Lay Witness
§411 Collective Fact
Opinion
§412 Skilled Lay
Observer Testimony
§420 Experts
§421 Medical Experts
§422 Economic Experts
§423 Forensic Experts
§423.1 Technical
Experts
§424 The
Daubert Standard
§424.1
Daubert on Remand
§424.2
Daubert and Non-Scientific
Evidence
§424.3 Standard of
Review on Daubert Rulings
§424.4
Daubert and
Kumho Tire
§424.5
Daubert and
Kumho Tire
§425 Eyewitness
Identification
§426 Battered Woman
Syndrome
§427 Battered Child
Syndrome
§428 Rape Trauma
Syndrome
§430 Practice Pointers
5.
Authentication
§500 In General
§510 Writings: Private
§520 Writings: Business
§530 Writings: Official
§540 Oral Statements
§550 Audio Recordings
§560 Video Recordings
§560A
Evidence Rules Applicable to Computer-Generated Evidence
§560B
Authentication and Identification of Computer-Generated Evidence
§560C
Particular Types of Computer-Generated Evidence
§570 Real or Physical
Evidence
§580 Demonstrative
Evidence
§581 Specific Forms
§582 Miscellaneous
Scientific Evidence
§583 Application of
Rule 403 to Real Proof and Demonstrative Evidence
§590 Practice Pointers
6. Hearsay
§600 In General
§610 Assertive Versus
Non-Assertive Conduct
§620 Hearsay Versus
Non-Hearsay Purpose
§621 Prior Statement by
Witness
§622 Former Testimony
§623 Judicial Findings
of Fact
§624 Confrontation
Clause Issues
§624.1 Crawford's Holding
§624.2 What Are
Testimonial Statements?
§624.3 911 Calls
§624.4 Autopsies
§624.5 Laboratory Reports
§624.6 Police
Involvement in Psychological and Medical Care
§624.7 Taped Telephone
Calls
§624.8 The Dying
Declaration Exception
§624.9 Forfeiture by Wrongdoing: Giles v.
§624.10
Statements Not Offered for the Truth
§624.11 Proceedings in Which
Crawford
Does Not Apply
§624.12 Preserving
Crawford
Challenges to Evidence
§624.13 The Basic
Crawford Analysis
§630 Admissions
§631 Personal
§631.1 Confessions
§631.2 Suppression of
Confessions, Admissions and Other Incriminating Evidence
§632 Adoptive
§633 Vicarious
§633.1 Co-Conspirator
Statements
§634 Rule 36 Admissions
§635 Judicial
Admissions
§640 Declarations
§641 Declarations
Against Interest
§641.1
Bruton Rule and Declarations
Against Interest
§641.2 Defense Use of
Third Party Exculpatory Statements
§642 State of Mind
§643 Bodily
Condition/Medical Diagnosis and Treatment
§644 Declarations in
Anticipation of Death
§645 Residual Exception
§650 Records
§651 Business
§651.1 Authentication
of Domestic and Foreign Records
§652 Official
§652.1 Records of Vital
Statistics
§652.2 Absence of
Public Record or Entry
§652.3 Records of
Religious Organizations
§652.4 Records of
Marriage, Baptismal, and Similar Certificates
§652.5 Family Records
§652.6 Records of
Documents Affecting an Interest in Property
§652.7 Statements in
Documents Affecting an Interest in Property
§652.8 Statements in
Ancient Documents
§652.9 Market Reports
and Commercial Publications
§653 Prior Testimony
§654 Past Recollection
Recorded
§655 Present
Recollection Refreshed
§656 Other Hearsay
Exceptions
§656.1 Learned
Treatises
§656.2 Reputation
Concerning Personal or Family History
§656.3 Reputation
Concerning Boundaries or General History
§656.4 Reputation as to
Character
§656.5 Judgment of
Previous Conviction
§656.6 Judgment as to
Personal, Family, General History, or Boundaries
§656.7 Catchall Hearsay
Exceptions
§656.8 Witness
Intimidation
§656.9 Forfeiture by
Wrongdoing
§657 Affidavits and
Depositions
§660 Excited Utterances
§670 Present Sense
Impression
§680 Practice Pointers
7. Privileges
§700 In General
§701 Application of
State Law
§710 Waiver
§711 In Court
§712 Out of Court
§712.1 Federal Rule of Evidence 502: Limitations on Waiver of Attorney-Client and Work Product Privilege
§712.2 Potential Waiver
of Opinion Work Product Privilege and Attorney-Client Privilege When
Privileged Materials Are Shown to a Testifying Expert Witness
§713 Practice Pointers
§720 Specifics
§721 Work Product
§721.1 Absolute Work
Product Privilege
§722 Attorney-Client
§722.1 Appellate Review
of Orders Compelling Disclosure of Attorney-Client Communications
§722.2 The
Attorney-Client Privilege and Corporations
§723 Physician-Patient
§723.1
Psychotherapist-Patient
§724 Clergyman
§725 Husband and Wife
§725.1 Parent-Child
Privilege
§726 Trade Secrets
§726.1 Self-Evaluation
Privilege
§727 Government
Information (Identity of Informants), Military Secrets, State Secrets,
Decision-Making Deliberative Process
§728 Journalist’s
Privilege
§729 Accountant-Client
§730 Self-Incrimination
§740 Practice Pointers
8. Other
Evidence Rules
§800 In General
§801 Relevant Evidence
§802 Relevant Evidence
Versus Irrelevant Evidence
§803 Exclusion of
Relevant Evidence
§804 Recurrent Factual
Issues
§804.1 Similar
Incidents
§804.2 Consciousness of
Guilt
§804.3 Possession of
Weapons or Other Criminal Paraphernalia
§804.4 Evidence of
Indebtedness
§804.5 Codes and
Standards
§804.6 Profile Evidence
§810 Original Documents
(Best Evidence Rule)
§820 Compromise
Statements: Civil and Criminal
§821 Payment of Medical
and Similar Expenses
§830 Subsequent
Remedial Measures
§840 Consent
Orders/Stipulations
§841 Confessions
§842 Jury Views
§850 Judicial Notice
§851 Presumptions
§852 Stipulations
§860 Prior
Convictions/Sentence Enhancement
§861 Victim Impact
Evidence
§870 Liability
Insurance
§880 Character and
Habit Evidence
§880.1 Amendments to
Rules on Evidence of Accused’s Character
§880.2 Habit and
Corporations
§880.3 Similar
Happenings Evidence
§881 Character of a
Witness
§882 Methods of Proving
Character
§883 Habit and Routine
Practice
§884 Sex Offense Cases
§885 Experts and
Character Evidence
§890 Motions to
Suppress Evidence
§891 Practice Pointers
§892 Spoliation of
Evidence
Index
H9
Updated 04/06/12
