NITA Publications

Florida Evidence Code with Objections

At 4-by-6 inches, this complete reference guide to Florida evidence travels easily to the courtroom or classroom. NITA's handy guide, compiled by David Sonenshein, Anthony Bocchino, Teresa Davenport, and Lisa Hirsch, enables you to quickly reference objections and responses during trial.

Objections, followed by the accurate responses, are listed alphabetically with thumb tabs so that you can go right to the one you want. The Florida Evidence Code is reproduced in its entirety in the last section of the book.

Gain insight from crucial practice tips and legal interpretations and access the rules when you need them most - this pocket-size guide is always at hand. Includes a mini-CD-ROM with the entire book in PDF format hyperlinked and bookmarked for ease of use.

• >> TABLE OF CONTENTS
  CONTENTS
  
  Ambiguous Questions
  
  Argumentative Questions
  
  Asked and Answered Questions
  
  Assuming Facts Not in Evidence
  
  Authentication of Instruments
  
  Authentication of Telephone
  
  Conversation and Voices
  
  Character Evidence
  Generally
  Accused or Victim in a Criminal Case
  Other Crimes, Wrongs, or Acts (Williams Rule)
  Prior Sexual Activity of Alleged Victim (The Rape Shield)
  
  Competence to Testify
  
  Compound Questions
  
  Compromise/Offers of Compromise
  
  Cross-Examination
  Generally
  Scope
  
  Exhibits
  Demonstrative
  Illustrative
  Tangible Objects
  Writings
  
  Expert Opinion
  
  Firsthand Knowledge
  
  Guilty Pleas (Offers of Pleas and Related Statements)
  
  Habit and Routine Practice
  
  Hearsay
  Generally
  Attacking and Supporting the Credibility of a Hearsay Declarant
  Non-Hearsay Prior Statements
  Hearsay within Hearsay
  
  Hearsay Exception
  Absence of Entry in Business Records
  Absence of Public Records or Entry
  Admissions
  Excited Utterance
  Family Records
  Former Testimony
  Judgment of Previous Conviction
  Learned Treatises
  Market Reports and Commercial Publications
  Marriage, Baptismal, and Similar Certificates
  Public Records and Reports
  Records of Documents Affecting an Interest in Property
  Recorded Recollection
  Records of Regularly Conducted Activity (Business Records)
  Records of Religious Organizations
  Records of Vital Statistics
  Reputation as to Character
  Reputation Concerning Boundaries or General History
  Reputation Concerning Personal or Family History
  Requirement of Unavailability for Rule 90.804 Hearsay Exceptions
  Spontaneous Statement
  Statement Against Interest
  Statement in Ancient Documents
  Statement of Child Victim
  Statement by Deceased or Ill Declarant Similar to One Previously Admitted
  Statement in Documents Affecting an Interest in Property
  Statement of Personal or Family History
  Statement for Purposes of Medical Diagnosis or Treatment
  Statement under Belief of Impending Death
  Then-Existing Mental or Emotional Condition
  Then-Existing Physical Condition
  
  Impeachment
  Bias, Prejudice, Interest, and Improper Motive
  Character Evidence
  Memory
  Perception
  Prior Convictions (Civil Cases)
  Prior Convictions (Criminal Cases)
  Prior Inconsistent Statements
  Religious Beliefs or Opinions
  Specific Instances of Misconduct
  
  Judicial Notice
  
  Lay Opinion Evidence
  
  Leading Questions
  
  Misquoting the Witness
  
  Narratives
  
  Non-Responsive Answers
  
  Objections
  
  Offers of Proof
  
  Original Document Rule
  (Use of Duplicates)
  
  Original Document Rule
  (Contents of Writing)
  
  Payment of Medical and Similar Expenses
  
  Presumptions
  
  Privileges
  General
  Accountant-Client
  Husband-Wife
  Journalist's Privilege
  Lawyer-Client
  Member of the Clergy
  Psychotherapist-Client
  Sexual-Assault Counselor
  Trade Secrets
  
  Refreshing Present Recollection
  
  Relevance
  Generally
  Conditional Admissibility
  Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of time
  Limited Admissibility
  Rule of Completeness
  Statements of Sympathy
  
  Subsequent Remedial Measures
  
  Florida Evidence Code

• >> AUTHORS
  
  
  • Honorable Teresa J. Davenport
    
    
    • Honorable Teresa J. Davenport is a United States Administrative Law Judge at Social Security Administration in Jacksonville, Florida.

  
  

  • Lisa A. Hirsch
    
    
    • Lisa A. Hirsch is an Assistant U.S. Attorney in the Department of Justice, Appellate Division, Southern District of Florida in Miami.

  
  

  • Anthony J. Bocchino
    
    
    • Professor Anthony Bocchino is an honors graduate of the University of Connecticut School of Law after which he was a Bradway Fellow at the Duke University School of Law. He served as a full time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979. At the Beasley School of Law for the period 1979 -1989 he was Director of Temple's Trial Advocacy and Clinical Programs. He has designed the program, written materials and taught in the law school's Integrated Trial Advocacy Program which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association. In 1997 he was named by Temple University as the Jack E. Feinberg Professor of Litigation.
      
      Professor Bocchino has been honored with teaching awards from Duke University School of Law where he received the Mordecai Society Award and the Beasley School of Law where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.
      
      In addition to his law school duties Professor Bocchino has served as a faculty member for the National Institute for Trial Advocacy (NITA) since 1974, served as NITA's Director for five years and served as the organization's Editor in Chief. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice and appellate advocacy programs for more than 30 law firms and numerous public agencies. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.
      
      Professor Bocchino is the author of over 60 books and articles, predominantly in the fields of Evidence, Trial Advocacy, Civil Litigation and Professional Responsibility. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.
      
      Professor Bocchino has been elected as a member of the American Law Institute, and named a Fellow of the American Bar Foundation, Litigation Counsel of America and the International Society of Barristers.

  
  

  • David A. Sonenshein
    
    
    • David A. Sonenshein is the I. Herman Stern Professor of Law at Temple University. He has also been a faculty member at George Washington University National Law Center, DePaul University College of Law, and Boston University School of Law, teaching civil procedure, criminal procedure, evidence, professional responsibility, trial advocacy, and complex civil litigation. He has received the Outstanding Professor Award at both DePaul and Temple Law Schools a total of six times. He is a nationally recognized lecturer on the law of evidence in the courtroom. As a consultant to the Federal Judicial Center, he leads seminars for all new Federal District Court Judges on the law of evidence, as well as offering seminars for experienced U.S. District Court Judges. He has served as an instructor on evidence and trial advocacy for NITA, AILTO (of which he is the Director), ALI-ABA, and the National Practice Institute. Professor Sonenshein earned the Francis E. Rawle Award from the American Law Institute and American Bar Association for his outstanding contributions to the field of post-admission legal education. He received his B.A. from Cornell University and his J.D. from New York University School of Law.