A Practical Guide to Federal Evidence, Tenth Edition

CONTENTS

FOREWORD

ACKNOWLEDGMENTS

CHAPTER 1. GENERAL CONSIDERATIONS

Objections
Offers of Proof
Competence to Testify
Firsthand Knowledge
Judicial Notice
Presumptions
Privileges

CHAPTER 2. FORMS OF QUESTIONS

Ambiguous Questions
Argumentative Questions
Asked and Answered
Assuming Facts Not in Evidence
Compound Questions
Leading Questions
Misquoting the Witness
Narratives
Refreshing Present Recollection
Nonresponsive Answers

CHAPTER 3. RELEVANCE

Relevance: Generally
Relevance: Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Relevance: Conditional Admissibility
Relevance: Rule of Completeness
Relevance: Limited Admissibility
Habit and Routine Practice
Subsequent Remedial Measures
Compromise Offers and Negotiations
Offers to Pay Medical and Similar Expenses
Guilty Pleas, Offers of Pleas, and Related Statements
Insurance against Liability

CHAPTER 4. AUTHENTICATION AND ORIGINAL DOCUMENTS

Authentication of Instruments
Authentication of Telephone Conversations and Voices
Original Document Rule (Best Evidence Rule)

CHAPTER 5. EXHIBITS

Exhibits: Writings
Exhibits: Illustrative
Exhibits: Demonstrative
Exhibits: Tangible Objects

CHAPTER 6. OPINIONS

Lay Opinion Evidence
Expert Opinion

CHAPTER 7. CROSS-EXAMINATION AND IMPEACHMENT

Cross-Examination: Generally
Cross-Examination: Scope
Impeachment: Generally
Impeachment by Bias, Prejudice, Interest, and Improper Motive
Impeachment by Character Evidence
Impeachment of Memory
Impeachment of Perception
Impeachment by Prior Conviction (Civil Cases)
Impeachment by Prior Conviction (Criminal Cases)
Impeachment by Prior Inconsistent Statements
Impeachment by Specific Instances of Conduct

CHAPTER 8. CHARACTER EVIDENCE

Character Evidence: Generally
Character Evidence: The Accused or Victim in a Criminal Case
Character Evidence: Prior Sexual Activity of Alleged Victim (Criminal Cases)
Character Evidence: Prior Sexual Activity of Alleged Victim (Civil Cases)
Character Evidence: Evidence of Similar Crimes or Acts in Civil or Criminal Cases Involving Sexual Assault or Child Molestation Cases
Character Evidence: Other Acts, Crimes, or Wrongs

CHAPTER 9. HEARSAY

Hearsay: Generally
Hearsay in Criminal Cases: Confrontation Clause Issues
Hearsay: Hearsay within Hearsay
Hearsay: Attacking and Supporting the Credibility of a Hearsay Declarant
Hearsay: Nonhearsay Prior Statements
Hearsay: Nonhearsay Opposing Party Statements
Hearsay Exception: Present Sense Impression
Hearsay Exception: Excited Utterance
Hearsay Exception: Then Existing Mental or Emotional Condition
Hearsay Exception: Then Existing Physical Condition
Hearsay Exception: Statements for Purposes of Medical Diagnosis or Treatment
Hearsay Exception: Recorded Recollection
Hearsay Exception: Records of Regularly Conducted Activity (Business Records)
Hearsay Exception: Absence of Entry in Business Records
Hearsay Exception: Public Records and Statements
Hearsay Exception: Absence of Public Record
Hearsay Exception: Records of Vital Statistics
Hearsay Exception: Records of Religious Organizations
Hearsay Exception: Marriage, Baptismal, and Similar Certificates
Hearsay Exception: Family Records
Hearsay Exception: Records of Documents Affecting an Interest in Property
Hearsay Exception: Statements in Documents Affecting an Interest in Property
Hearsay Exception: Statements in Ancient Documents
Hearsay Exception: Market Reports and Commercial Publications
Hearsay Exception: Learned Treatises
Hearsay Exception: Reputation Concerning Personal or Family History
Hearsay Exception: Reputation Concerning Boundaries or General History
Hearsay Exception: Reputation as to Character
Hearsay Exception: Judgment of Previous Conviction
Hearsay Exception: Judgment as to Personal, Family or General History, or Boundaries
Hearsay Exception: Requirement of Unavailability
Hearsay Exception: Former Testimony
Hearsay Exception: Statement under Belief of Impending Death
Hearsay Exception: Statement against Interest
Hearsay Exception: Statement of Personal or Family History
Hearsay Exception: Forfeiture by Wrongdoing
Hearsay Exception: Residual Exception

APPENDIX

Federal Rules of Evidence

QUICK REFERENCE GUIDE

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.