Federal Rules of Evidence 2002 Edition : With Advisory Committee Notes, Legislative History, and Case Supplement

by Mueller, Christopherb; Kirkpatrick, Laird C.

• ISBN13: 9780735524859
• ISBN10: 0735524858
• Format: Paperback
• Copyright: 2002-04-01
• Publisher: Wolters Kluwer

Summary

Long recognized as the Evidence supplement that fits most easily witht he widest range of teaching materials, Mueller and Kirkpatrick's FEDERAL RULES OF EVIDENCE Supplement keep up with the latest evidentiary developments. The Fourth Edition presents everything you need for an up-to-the-minute course: completely current Federal Rules of Evidence pending Amendments To The Rules proposed but rejected rules latest developments surrounding the ABA's Model Code of Professional Responsibility And The Model Rules of Professional Conduct the latest and most significant cases Whether yo use the authors' highly -popular casebook, EVIDENCE UNDER THE RULES, Fourth Edition, or their student treatise, EVIDENCE, Second Edition, this high-quality statutory supplement can bring immediacy and insight to your course

Table of Contents

Part 1 FEDERAL RULES OF EVIDENCE	1	(38)
General Provisions	3	(2)
Scope	3	(1)
Purpose and construction	3	(1)
Rulings on evidence	3	(1)
Preliminary questions	4	(1)
Limited admissibility	5	(1)
Remainder of or related writings or recorded statements	5	(1)
Judicial Notice	5	(1)
Judicial notice of adjudicative facts	5	(1)
Presumptions in Civil Actions and Proceedings	6	(1)
Presumptions in general in civil actions and proceedings	6	(1)
Applicability of State law in civil actions and proceedings	6	(1)
Relevancy and Its Limits	7	(7)
Definition of ``relevant evidence''	7	(1)
Relevant evidence generally admissible irrelevant evidence inadmissible	7	(1)
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time	7	(1)
Character evidence not admissible to prove conduct; exceptions; other crimes	7	(1)
Methods of proving character	8	(1)
Habit; routine practice	8	(1)
Subsequent remedial measures	9	(1)
Compromise and offers to compromise	9	(1)
Payment of medical and similar expenses	9	(1)
Inadmissibility of pleas, plea discussions, and related statements	10	(1)
Liability insurance	10	(1)
Sex offense cases; relevance of alleged victim's past sexual behavior or alleged sexual predisposition	10	(2)
Evidence of similar crimes in sexual assault cases	12	(1)
Evidence of similar crimes in child molestation cases	12	(1)
Evidence of similar acts in civil cases concerning sexual assault or child molestation	13	(1)
Privileges	14	(1)
General rule	14	(1)
Witnesses	14	(6)
General rule of competency	14	(1)
Lack of personal knowledge	14	(1)
Oath or affirmation	15	(1)
Interpreters	15	(1)
Competency of judge as witness	15	(1)
Competency of juror as witness	15	(1)
Who may impeach	16	(1)
Evidence of character and conduct of witness	16	(1)
Impeachment by evidence of conviction of crime	16	(2)
Religious beliefs or opinions	18	(1)
Mode and order of interrogation and Presentation	18	(1)
Writing used to refresh memory	18	(1)
Prior statements of witnesses	19	(1)
Calling and interrogation of witnesses by court	19	(1)
Exclusion of witnesses	20	(1)
Opinions and Expert Testimony	20	(2)
Opinion testimony by lay witnesses	20	(1)
Testimony by experts	20	(1)
Bases of opinion testimony by experts	21	(1)
Opinion on ultimate issue	21	(1)
Disclosure of facts or data underlying expert opinion	21	(1)
Court appointed experts	21	(1)
Hearsay	22	(8)
Definitions	22	(1)
Hearsay rule	23	(1)
Hearsay exceptions; availability of declarant immaterial	24	(3)
Hearsay exceptions; declarant unavailable	27	(2)
Hearsay within hearsay	29	(1)
Attacking and supporting credibility of declarant	29	(1)
Residual exception	29	(1)
Authentication and Identification	30	(4)
Requirement of authentication or identification	30	(1)
Self authentication	31	(3)
Subscribing witness' testimony unnecessary	34	(1)
Contents of Writings, Recordings, and Photographs	34	(3)
Definitions	34	(1)
Requirement of original	35	(1)
Admissibility of duplicates	35	(1)
Admissibility of other evidence of contents	35	(1)
Public records	36	(1)
Summaries	36	(1)
Testimony or written admission of party	36	(1)
Functions of court and jury	36	(1)
Miscellaneous Rules	37	(2)
Applicability of rules	37	(1)
Amendments	38	(1)
Title	38	(1)
Part 2 RULES, ADVISORY COMMITTEE NOTES, AND LEGISLATIVE HISTORY	39	(258)
General Provisions	41	(16)
Scope	41	(1)
Purpose and construction	41	(1)
Rulings on evidence	42	(6)
Preliminary questions	48	(5)
Limited admissibility	53	(1)
Remainder of or related writings or recorded statements	54	(3)
Judicial Notice	57	(10)
Judicial notice of adjudicative facts	57	(10)
Presumptions in Civil Actions and Proceedings	67	(8)
Presumptions in general in civil actions and proceedings	67	(6)
Applicability of State law in civil actions and proceedings	73	(2)
Relevancy and Its Limits	75	(42)
Definition of ``relevant evidence''	75	(2)
Relevant evidence generally admissible; irrelevant evidence inadmissible	77	(2)
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time	79	(2)
Character evidence not admissible to prove conduct; exceptions; other crimes	81	(6)
Methods of proving character	87	(2)
Habit; routine practice	89	(3)
Subsequent remedial measures	92	(2)
Compromise and offers to compromise	94	(4)
Payment of medical and similar expenses	98	(1)
Inadmissibility of pleas, plea discussions, and related statements	99	(4)
Liability insurance	103	(1)
Sex offense cases; relevance of alleged victim's past sexual behavior or alleged sexual predisposition	104	(7)
Evidence of similar crimes in sexual assault cases	111	(4)
Evidence of similar crimes in child molestation cases	115	(1)
Evidence of similar acts in civil cases concerning sexual assault or child molestation	116	(1)
Privileges	117	(6)
General rule	117	(6)
Witnesses	123	(42)
General rule of competency	123	(2)
Lack of personal knowledge	125	(1)
Oath or affirmation	126	(1)
Interpreters	127	(1)
Competency of judge as witness	127	(1)
Competency of juror as witness	128	(5)
Who may impeach	133	(1)
Evidence of character and conduct of witness	134	(4)
Impeachment by evidence of conviction of crime	138	(12)
Religious beliefs or opinions	150	(1)
Mode and order of interrogation and presentation	151	(6)
Writing used to refresh memory	157	(3)
Prior statements of witnesses	160	(1)
Calling and interrogation of witnesses by court	161	(2)
Exclusion of witnesses	163	(2)
Opinions and Expert Testimony	165	(22)
Opinion testimony by lay witnesses	165	(3)
Testimony by experts	168	(8)
Bases of opinion testimony by experts	176	(3)
Opinion on ultimate issue	179	(3)
Disclosure of facts or data underlying expert opinion	182	(1)
Court appointed experts	183	(4)
Hearsay	187	(74)
Definitions	192	(12)
Hearsay rule	204	(1)
Hearsay exceptions; availability of declarant immaterial	205	(30)
Hearsay exceptions; declarant unavailable	235	(16)
Hearsay within hearsay	251	(1)
Attacking and supporting credibility of declarant	252	(3)
Residual exception	255	(6)
Authentication and Identification	261	(14)
Requirement of authentication or identification	261	(5)
Self authentication	266	(7)
Subscribing witness' testimony unnecessary	273	(2)
Contents of Writings, Recordings, and Photographs	275	(12)
Definitions	275	(2)
Requirement of original	277	(2)
Admissibility of duplicates	279	(1)
Admissibility of other evidence of contents	280	(2)
Public records	282	(1)
Summaries	283	(1)
Testimony or written admission of party	283	(1)
Functions of court and jury	284	(3)
Miscellaneous Rules	287	(10)
Applicability of rules	287	(8)
Amendments	295	(1)
Title	296	(1)
Part 3 PROPOSED BUT REJECTED RULES	297	(52)
Summing up and comment by judge	299	(2)
Presumptions in general [as prescribed by Supreme Court]	301	(1)
Presumptions in general in civil actions and proceedings [as passed by House of Representatives]	301	(1)
Presumptions in criminal cases	301	(4)
Character evidence not admissible to prove conduct; exceptions; other crimes	305	(3)
Methods of proving character	308	(1)
Habit; routine practice	309	(1)
Privileges recognized only as provided	310	(5)
Required reports privileged by statute	315	(1)
Lawyer-client privilege	316	(6)
Psychotherapist-patient privilege	322	(4)
Husband-wife privilege	326	(3)
Communications to clergymen	329	(3)
Political vote	332	(1)
Trade secrets	333	(1)
Secrets of state and other official information	334	(5)
Identity of informer	339	(4)
Waiver of privilege by voluntary disclosure	343	(1)
Privileged matter disclosed under compulsion or without opportunity to claim privilege	344	(1)
Comment upon or inference from claim of privilege; instruction	345	(1)
Hearsay exceptions: declarant unavailable	346	(3)
Part 4 PROPOSED NEW AMENDMENTS	349	(8)
Evidence of character and conduct of witness	351	(1)
Advisory committee notes (2002)	352	(1)
Hearsay exceptions: Declarant unavailable	353	(1)
Advisory committee notes (2002)	354	(3)
Part 5 ENABLING ACT	357	(4)
Part 6 UNIFORM RULES	361	(14)
Judicial notice of adjudicative facts	363	(1)
Presumptions in general in civil actions and proceedings	364	(1)
Presumptions in criminal cases	364	(1)
Privileges recognized only as provided	365	(1)
Lawyer-client privilege	365	(2)
Physician and psychotherapist patient privilege	367	(1)
Husband-wife privilege	368	(1)
Religious privilege	369	(1)
Political vote	369	(1)
Trade secrets	370	(1)
Secrets of state and other official information; governmental privileges	370	(1)
Identity of informer	370	(2)
Waiver of privilege by voluntary disclosure	372	(1)
Privileged matter disclosed under compulsion or without opportunity to claim privilege	372	(1)
Comment upon or inference from claim of privilege; instruction	372	(1)
Child victims or witnesses	372	(3)
Part 7 PROFESSIONAL ETHICS	375	(10)
Model Code of Professional Responsibility	377	(1)
Preservation of confidences and secrets of a client	377	(1)
Representing a client within the bounds of the law	378	(1)
Performing the duty of public prosecutor or other government lawyer	379	(1)
Trial conduct	379	(1)
Contact with witnesses	380	(1)
Model Rules of Professional Conduct	381	(1)
Confidentiality of information	381	(1)
Candor toward the tribunal	382	(1)
Fairness to opposing party and counsel	382	(1)
Lawyer as witness	383	(2)
Part 8 CHILD VICTIM LEGISLATION	385	(14)
U.S.C. §3509 (1990)	387	(12)
Part 9 CASE SUPPLEMENT	399	(2)
United States v. Cherry, 217 F.3d 811 (10th Cir. 2000)	401