• Exhibit Rules: Tips, Rules, and Tactics for Preparing, Offering, and Opposing Exhibits, Second Edition
 
 
Shop by Jurisdiction
Shop by Practice Area
Shop Products
View ALM Products

View a different catalog:
Exhibit Rules: Tips, Rules, and Tactics for Preparing, Offering, and Opposing Exhibits, Second Edition

Exhibit Rules: Tips, Rules, and Tactics for Preparing, Offering, and Opposing Exhibits, Second Edition

In this compact and easy-to-use handbook, David Malone and Paul Zwier provide practical advice on every aspect of creating, discovering, using, offering, and opposing exhibits in litigation.


Availability: Inventory not created
Publisher :NITA
Format: Spiral Bound, 140 pages , Case File

ISBN: 9781601561961

2013
 
$35.00
Less More




    In this compact and easy-to-use handbook, David Malone and Paul Zwier provide practical advice on every aspect of creating, discovering, using, offering, and opposing exhibits in litigation.

    •  Does your expert need some excitement in his presentation?
    •  Are you unsure what the judge means when she says, "What's the foundation for this exhibit under the Original Document Rule, counsel?"
    •  Are you worried that your opponent's graphics--or your own--may be misleading?

    If your questions have to do with exhibits--from intersection diagrams on the blackboard to computerized re-creations in the courtroom--you can find the answers in Exhibit Rules.

    CONTENTS

    Chapter One--Foundation for Exhibits
    1.1 The OPRAH Elements
    1.2 Original Document Rule
    1.3 Duplicate Originals
    1.4 When an Original Is Not Required
    1.5 No Preferred Status
    1.6 When Oral Evidence Is Not Precluded
    1.7 Rarity of Successful Original Documents Rule Challenge
    1.8 Authentication
    1.9 Authentication and Oral Testimony
    1.10 Relevance
    1.11 Relevance Defined
    1.12 Authentic and Relevant Documents May Be Excluded
    1.13 Privilege
    1.14 Effect of Privilege on Laying Foundation
    1.15 Hearsay
    1.16 Hearsay Exceptions
    1.17 Exhibits
    1.18 Exhibit Used to Impeach, Refresh Recollection, or as Past Recollection Recorded
    1.19 Rule of Completeness

    Chapter Two--Foundation for Specific Exhibits
    2.1 Photographs
    2.2 Admissibility of Photographs, Movies, and Computer Graphics
    2.3 Admissibility of Video
    2.4 Admissibility of Reenactments
    2.5 Admissibility of Computer-Generated Simulations or Reenactments
    2.6 Competent Witnesses
    2.7 Connecting Data Input
    2.8 Medical Imaging
    2.9 Unique Identification and Chain of Custody
    2.10 Limit of Chain of Custody
    2.11 Keep Counsel Out of Chain of Custody
    2.12 Substantive, Demonstrative, and Illustrative Evidence
    2.13 Demonstrative Evidence
    2.14 illustrative Evidence

    Chapter Three--Common Problems with Graphic Exhibits
    3.1 Comparison Exhibits
    3.2 Misleading Icons
    3.3 Misleading Labels
    3.4 Exclusion of Misleading Exhibits
    3.5 Visual Impact
    3.6 Graphic Evidence v. Enlargements
    3.7 Trimming Irrelevant Detail
    3.8 Marking or Editing and Exhibit

    Chapter Four--Handling Documents in Court
    4.1 Marking an Exhibit
    4.2 The Three-Step Exhibit Circuit
    4.3 Laying the Foundation
    4.4 Offering the Exhibit
    4.5 Distributing the Exhibit
    4.6 Offering for a Limited Purpose
    4.7 Publishing the Exhibit
          4.7.1 Camera to Screen
          4.7.2 Computer to Screen
          4.7.3 Computer/DVR to Monitor
          4.7.4 Other Tips for Visual Presentations
    4.8 Ordering Exhibits
    4.9 Jurors' Notebooks
    4.10 Sightlines

    Chapter Five--Choosing the Medium and the Occasion
    5.1 Using Exhibits in Opening Statement
    5.2 Using Exhibits in Closing Argument
    5.3 Timelines
    5.4 Magnetism
    5.5 Multiple Easels
    5.6 Monitors v. Big Screen
    5.7 Cards
    5.8 Do Not "Publish"

    Chapter Six--Experts and Exhibits
    6.1 Disclosures
    6.2 Persuasive Exhibits
    6.3 Theme
    6.4 Foundation for Illustrative Exhibits
    6.5 Work the Exhibits
    6.6 Keep Opposing Expert on the Stand
    6.7 Attacking the Exhibit
    6.8 Creating New Exhibits during Cross-Examination
    6.9 Counter Opposing Counsel's Attempt to Create Cross Exhibits

    Chapter Seven--Evidentiary Principles for Certain Types of Documents
    7.1 Foundation Formulas
    7.2 Business Records
    7.3 Past Recollection
    7.4 Opposing Party Statements
    7.5 Self-Authenticating Evidence
    7.6 Learned Treatises
    7.7 Summary Exhibits

    Chapter Eight--Exhibits Divulged or Obtained as Part of Mandatory "Voluntary" Pretrial Disclosures and other Discovery
    8.1 Problems with Voluntary Disclosure
    8.2 Exhibit Requests

    Chapter Nine--The Mechanics of Pretrial Listings and Pretrial Rulings on Exhibits
    9.1 Before the Final Pretrial Conference
    9.2 Pretrial Objections
    9.3 Motions in Limine
    9.4 Exhibit Book
    9.5 Keeping Track of Your Objections to Opponents Exhibits
    9.6 Bench Brief
    9.7 Trial Notebook

    Chapter Ten--The Next Level of Persuasion with Exhibits
    10.1 Persuasive Foundation
    10.2 No Walking and Talking
    10.3 Value Your Exhibits
    10.4 Get and Deal with the Bad
    10.5 Tell a Story
    10.6 The Fourteen-Document Rule

    Index

     

    David M. Malone


    David M. Malone is a trial attorney, author, consultant, and teacher who has worked with the National Institute for Trial Advocacy (NITA) since 1979. He is the founding principal of Trial Run Inc., a litigation training and consulting firm. Mr. Malone practiced as a federal prosecutor for seventeen years before entering private practice for thirteen years, concentrating on complex civil litigation. He has been an adjunct professor in advocacy at the University of Virginia School of Law and at the George Washington University School of Law. He is a graduate of the University of Notre Dame (B.A.) and the University of Virginia School of Law (J.D.). Mr. Malone is the author NITA's deposition text, The Effective Deposition; of the companion pocket-sized book, entitled, Deposition Rules; and of NITA's Effective Expert Testimony. Through Trial Run Inc., he has written and published a number of other litigation "rule" books, including Daubert Rules and Effective Deposition Defense Rules. Until recently, he was the program director and team leader for the Washington Advanced Program, which he started, and he has taught in hundreds of other NITA programs. He is a past recipient of NITA's Robert E. Oliphant Award.

    Paul J. Zwier


    Paul J. Zwier is a professor at Emory University School of Law, where he directs the trial advocacy and litigation skills programs and teaches torts and advanced negotiation, mediation, and international dispute resolution seminars. He has taught courses in advocacy, litigation skills, and ADR at more than 250 law firms and legal organizations in the U.S., and internationally in Africa, Canada, China, Great Britain, Guam, and Saipan. He also consults on ADR strategies as well as case theory and presentation in trial cases. Professor Zwier directs the Appellate Court Advocacy program as well as the Advocacy Teacher Training/Lawyer without Borders program. Prior to joining the faculty at Emory, he was a professor of law and director of the Center for Advocacy and Dispute Resolution at the University of Tennessee Law School and a professor of law at the University of Richmond School of Law. He has been a visiting professor of law at both William and Mary Law School and Temple University School of Law. He is the former director of Public Education for the National Institute for Trial Advocacy (NITA).

     

Memorial Day Special Event: Save 15% and we?ll donate 15% of your order to the National Veterans Legal Services Program
The item you are trying to order is restricted to a quantity of 1 per order. Please complete the current order and place a new order for additional copy.
We are currently experiencing difficulties in adding this product to the cart. Please contact customer support at 1-800-543-6862 for assistance. You may continue to shop for other products in the store.