Chapter 1 Scope And Purpose
Chapter 2 Making Record Of Objections
103 Rule 103. Rulings On Evidence
Chapter 3 Preliminary Questions
104 Rule 104. Preliminary Questions
105 Rule 105. Limited Admissibility
106 Rule 106. Remainder Of Or Related Writings Or Recorded Statements
Chapter 4 Adjudicative Facts
201 Rule 201. Judicial Notice Of Adjudicative Facts
Chapter 5 In General Civil Proceedings
301 Rule 301. Presumptions In Civil Actions And Proceedings
Chapter 6 State Law Applicability
302 Rule 302. Applicability Of State Law In Civil Actions And Proceedings
Chapter 7 In General
401 Rule 401. Definition Of "Relevant Evidence"
402 Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Chapter 8 When Excludable For Prejudice
403 Rule 403. Exclusion Of Relevant Evidence On Grounds Of Prejudice, Confusion, Or Waste Of Time
Chapter 9 Character And Habit Evidence
404 Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
405 Rule 405. Methods Of Proving Character
406 Rule 406. Habit; Routine Practice
Chapter 10 Limited Admissibility
407 Rule 407. Subsequent Remedial Measures
408 Rule 408. Compromise And Offers To Compromise
409 Rule 409. Payment Of Medical And Similar Expenses
410 Rule 410. Inadmissibility Of Pleas, Plea Discussions, And Related Statements
411 Rule 411. Liability Insurance
412 Rule 412. Sex Offense Cases; Relevance Of Victim's Past Behavior
413 Rule 413. Evidence Of Similar Crimes In Sexual Assault Cases
414 Rule 414. Evidence Of Similar Crimes In Child Molestation Cases
415 Rule 415. Evidence Of Similar Acts In Civil Cases Concerning Sexual Assault Or Child Molestation
Chapter 11 General Rule
501 Rule 501. General Rule
Chapter 12 General Requirements
601 Rule 601. General Rule Of Competency
602 Rule 602. Lack Of Personal Knowledge
603 Rule 603. Oath Or Affirmation
604 Rule 604. Interpreters
Chapter 13 Judge Or Juror As Witness
605 Rule 605. Competency Of Judge As Witness
606 Rule 606. Competency Of Juror As Witness
Chapter 14 Impeachment And Character Witnesses
607 Rule 607. Who May Impeach
608 Rule 608. Evidence Of Character And Conduct Of Witness
609 Rule 609. Impeachment By Evidence Of Conviction Of Crime
610 Rule 610. Religious Beliefs Or Opinions
Chapter 15 Mode Of Interrogation
611 Rule 611. Mode And Order Of Interrogation And Presentation
Chapter 16 Use Of Writings And Prior Statements
612 Rule 612. Writing Used To Refresh Memory
613 Rule 613. Prior Statements Of Witnesses
Chapter 17 Court Control Over Witnesses
614 Rule 614. Calling And Interrogation Of Witnesses By Court
615 Rule 615. Exclusion Of Witnesses
Chapter 18 Opinions By Lay Witnesses
701 Rule 701. Opinion Testimony By Lay Witnesses
Chapter 19 Expert Opinions
702 Rule 702. Testimony By Experts
703 Rule 703. Bases Of Opinion Testimony By Experts
704 Rule 704. Opinion On Ultimate Issue
705 Rule 705. Disclosure Of Facts Or Data Underlying Expert Opinion
Chapter 20 Court Appointed Experts
706 Rule 706. Court Appointed Experts
Chapter 21 Definitions And Rules
801 Rule 801. Definitions
802 Rule 802. Hearsay Rule
Chapter 22 Hearsay Exceptions
803 Rule 803. Hearsay Exceptions; Availability Of Declarant Immaterial
804 Rule 804. Hearsay Exceptions; Declarant Unavailable
Chapter 23 Hearsay Within Hearsay, Credibility Of The Declarant, And The Residual Exception
805 Rule 805. Hearsay Within Hearsay
806 Rule 806. Attacking And Supporting Credibility Of Declarant
807 Rule 807. Residual Exception
Chapter 24 Requirements
901 Rule 901. Requirement Of Authentication Or Identification
902 Rule 902. Self-Authentication
903 Rule 903. Subscribing Witness Testimony Unnecessary
Chapter 25 Definitions
1001 Rule 1001. Definitions
Chapter 26 Originals vs. Duplicates
1002 Rule 1002. Requirement Of Original
1003 Rule 1003. Admissibility Of Duplicates
1004 Rule 1004. Admissibility Of Other Evidence Of Contents
Chapter 27 Public Records, Summaries And Admissions
1005 Rule 1005. Public Records
1006 Rule 1006. Summaries
1007 Rule 1007. Testimony Or Written Admission Of Party
1008 Rule 1008. Functions Of Court And Jury
Chapter 28 Miscellaneous Rules
1101 Rule 1101. Applicability Of Rules
1102 Rule 1102. Amendments
1103 Rule 1103. Title
Chapter 29 Use Of Depositions And Interrogatories
1200 Fed. R. Civ. P. 32. Use Of Depositions In Court Proceedings
1201 Fed. R. Civ. P. 43(E). Motions
1202 Fed. R. Crim. P. 15. Use Of Depositions In Criminal Cases
1203 Fed. R. Civ. P. 33. Use Of Interrogatories To Parties
Chapter 30 Introducing Documentary Evidence
1300 Local Rules Of Court-- Advance Notice Of Introduction
1301 Admissibility Of Documents Checklist
1302 Procedure For Introducing Exhibits
1303 Introducing Business Records
1304 Using Admissible Documents
1305 Laying A Foundation For Introducing Recorded Recollection
Chapter 31 Introducing Demonstrative And Experimental Evidence
1400 Procedure For Introducing Demonstrative Evidence
1401 Laying The Foundation
1402 Jury Consideration Of Exhibit In Evidence
1403 Procedure For Introducing Evidence Of Experiments
1404 Frequent Objections To Demonstrative And Experimental Evidence
Chapter 32 Introducing Expert Testimony
1500 Preparation Of Expert Witness For Deposition Or Trial
1501 Procedure For Testimony Of Expert
1502 Objections To Testimony Of Expert
1503 If Objection Overruled
1504 If Objection Sustained
1505 More On Questioning The Expert
1506 Cross-Examination Of Expert
Chapter 33 Robing Room (Threshold) Motions
1600 Purpose
1601 Time Of Motion
1602 Offer Of Proof
1603 Rulings Violated
1604 Subject Matter Of Threshold Rulings
1605 Delayed Motion
1606 Preserving Issue For Appeal

Cotchett, Joseph W.

Joseph W. Cotchett is the managing partner at Cotchett, Pitre & McCarthy in Burlingame, California. Joe Cotchett is a well known and highly respected trial attorney. He writes and speaks widely on litigation topics, particularly evidence.

He is Certified as a Civil Trial Advocate, National Board of Trial Advocacy and is: Member, Judicial Council Commission on the Future of The Courts, appointed by Chief Justice Malcolm Lucas, 1991-1993. Member: Select Committee on Judicial Retirement, 1993-1994, Appointed by Chief Justice Malcolm Lucas. Member, Judicial Council Task Force on Complex Civil Litigation, appointed by Chief Justice Ronald George, 1997-1999. Special Assistant Attorney General, State of South Dakota, 1978-1984. Member, California Commission on Judicial Performance, 1985-1989. Member: Board of Directors, Hastings College of the Law, University of California, 1981-1993; Hastings Blue Ribbon Committee, 2002- . Member, Board of Directors, Disability Rights Advocates, 1995-2002. Member, Board of Directors, Witkin Legal Institute, 1996- . Member, National Panel of Arbitrators, American Arbitration Association. Member, Board of Directors, Bay Meadows Charitable Foundation (1995- ). Member, Board of Directors, Public Citizen Foundation (1996- ). Member, Board of Directors, California Works Foundation, (2000- ). Member, Animal Legal Defense Fund (1999- ). Member, Federal Judicial Advisory Committee, Central District of California . Member, Board of Advisors, Army War College (2000- ). Member, Board of Directors, U.S. District Court, Northern District of California Historical Society (1995- ). Member, Board of Directors, Leo T. McCarthy Center for Public Service and The Common Good, 2003- . Member, Board of Directors, Earthjustice, 2003. Fellow: American College of Trial Lawyers; American Bar Foundation; International Academy of Law and Science; International Academy of Trial Lawyers (Member, Board of Directors, 1997- ); International Society of Barristers. [Col., JAGC, USAR, 1960-1990, active duty, 1960-1961];Trial Lawyers for Public Justice (President, 1986-1987; Member, Board of Governors, 1982- ); American Board of Trial Advocates (Advocate, 1981- ; National Board of Directors, 1999); California State Park and Recreation Commission, appointed by Governor Gray Davis (2000; Chairman, 2001- ); Roscoe Pound-American Trial Lawyers Foundation (1999).