Federal Rules of Evidence with Advisory Committee Notes, Legislative History, and Case Supplements 2003

by Mueller, Christopher B.; Kirkpatrick, Laird C.

• ISBN13: 9780735528147
• ISBN10: 0735528144
• Edition: Supplement
• Format: Paperback
• Copyright: 2003-05-01
• Publisher: Wolters Kluwer

Summary

Long recognized as the evidence supplement that fits most easily with the widest range of teaching materials, Mueller and Kirkpatrick's FEDERAL RULES OF EVIDENCE Supplement keeps up with the latest evidentiary developments. the 2003 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 Moel code of Professional Responsibility And The Model Rules of Professional Conduct

Table of Contents

Federal Rules of Evidence	p. 1
General Provisions	p. 3
Scope	p. 3
Purpose and construction	p. 3
Rulings on evidence	p. 3
Preliminary questions	p. 4
Limited admissibility	p. 5
Remainder of or related writings or recorded statements	p. 5
Judicial Notice	p. 5
Judicial notice of adjudicative facts	p. 5
Presumptions in Civil Actions and Proceedings	p. 6
Presumptions in general in civil actions and proceedings	p. 6
Applicability of State law in civil actions and proceedings	p. 6
Relevancy and Its Limits	p. 7
Definition of "relevant evidence"	p. 7
Relevant evidence generally admissible; irrelevant evidence inadmissible	p. 7
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time	p. 7
Character evidence not admissible to prove conduct; exceptions; other crimes	p. 7
Methods of proving character	p. 8
Habit; routine practice	p. 8
Subsequent remedial measures	p. 9
Compromise and offers to compromise	p. 9
Payment of medical and similar expenses	p. 9
Inadmissibility of pleas, plea discussions, and related statements	p. 10
Liability insurance	p. 10
Sex offense cases; relevance of alleged victim's past sexual behavior or alleged sexual predisposition	p. 10
Evidence of similar crimes in sexual assault cases	p. 12
Evidence of similar crimes in child molestation cases	p. 12
Evidence of similar acts in civil cases concerning sexual assault or child molestation	p. 13
Privileges	p. 14
General rule	p. 14
Witnesses	p. 14
General rule of competency	p. 14
Lack of personal knowledge	p. 14
Oath or affirmation	p. 15
Interpreters	p. 15
Competency of judge as witness	p. 15
Competency of juror as witness	p. 15
Who may impeach	p. 16
Evidence of character and conduct of witness	p. 16
Impeachment by evidence of conviction of crime	p. 16
Religious beliefs or opinions	p. 18
Mode and order of interrogation and presentation	p. 18
Writing used to refresh memory	p. 18
Prior statements of witnesses	p. 19
Calling and interrogation of witnesses by court	p. 19
Exclusion of witnesses	p. 20
Opinions and Expert Testimony	p. 20
Opinion testimony by lay witnesses	p. 20
Testimony by experts	p. 20
Bases of opinion testimony by experts	p. 21
Opinion on ultimate issue	p. 21
Disclosure of facts or data underlying expert opinion	p. 21
Court appointed experts	p. 21
Hearsay	p. 22
Definitions	p. 22
Hearsay rule	p. 23
Hearsay exceptions; availability of declarant immaterial	p. 24
Hearsay exceptions; declarant unavailable	p. 27
Hearsay within hearsay	p. 29
Attacking and supporting credibility of declarant	p. 29
Residual exception	p. 29
Authentication and Identification	p. 30
Requirement of authentication or identification	p. 30
Self-authentication	p. 31
Subscribing witness' testimony unnecessary	p. 34
Contents of Writings, Recordings, and Photographs	p. 34
Definitions	p. 34
Requirement of original	p. 35
Admissibility of duplicates	p. 35
Admissibility of other evidence of contents	p. 35
Public records	p. 36
Summaries	p. 36
Testimony or written admission of party	p. 36
Functions of court and jury	p. 36
Miscellaneous Rules	p. 37
Applicability of rules	p. 37
Amendments	p. 38
Title	p. 38
Rules, Advisory Committee Notes, and Legislative History	p. 39
General Provisions	p. 41
Scope	p. 41
Purpose and construction	p. 41
Rulings on evidence	p. 42
Preliminary questions	p. 48
Limited admissibility	p. 53
Remainder of or related writings or recorded statements	p. 54
Judicial Notice	p. 57
Judicial notice of adjudicative facts	p. 57
Presumptions in Civil Actions and Proceedings	p. 67
Presumptions in general in civil actions and proceedings	p. 67
Applicability of State law in civil actions and proceedings	p. 73
Relevancy and Its Limits	p. 75
Definition of "relevant evidence"	p. 75
Relevant evidence generally admissible; irrelevant evidence inadmissible	p. 77
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time	p. 79
Character evidence not admissible to prove conduct; exceptions; other crimes	p. 81
Methods of proving character	p. 87
Habit; routine practice	p. 89
Subsequent remedial measures	p. 92
Compromise and offers to compromise	p. 94
Payment of medical and similar expenses	p. 98
Inadmissibility of pleas, plea discussions, and related statements	p. 99
Liability insurance	p. 103
Sex offense cases; relevance of alleged victim's past sexual behavior or alleged sexual predisposition	p. 104
Evidence of similar crimes in sexual assault cases	p. 111
Evidence of similar crimes in child molestation cases	p. 115
Evidence of similar acts in civil cases concerning sexual assault or child molestation	p. 116
Privileges	p. 117
General rule	p. 117
Witnesses	p. 123
General rule of competency	p. 123
Lack of personal knowledge	p. 125
Oath or affirmation	p. 126
Interpreters	p. 127
Competency of judge as witness	p. 127
Competency of juror as witness	p. 128
Who may impeach	p. 133
Evidence of character and conduct of witness	p. 134
Impeachment by evidence of conviction of crime	p. 138
Religious beliefs or opinions	p. 150
Mode and order of interrogation and presentation	p. 151
Writing used to refresh memory	p. 157
Prior statements of witnesses	p. 160
Calling and interrogation of witnesses by court	p. 161
Exclusion of witnesses	p. 163
Opinions and Expert Testimony	p. 165
Opinion testimony by lay witnesses	p. 165
Testimony by experts	p. 168
Bases of opinion testimony by experts	p. 176
Opinion on ultimate issue	p. 179
Disclosure of facts or data underlying expert opinion	p. 182
Court appointed experts	p. 183
Hearsay	p. 187
Definitions	p. 192
Hearsay rule	p. 204
Hearsay exceptions; availability of declarant immaterial	p. 205
Hearsay exceptions; declarant unavailable	p. 235
Hearsay within hearsay	p. 251
Attacking and supporting credibility of declarant	p. 252
Residual exception	p. 255
Authentication and Identification	p. 261
Requirement of authentication or identification	p. 261
Self-authentication	p. 266
Subscribing witness' testimony unnecessary	p. 273
Contents of Writings, Recordings, and Photographs	p. 275
Definitions	p. 275
Requirement of original	p. 277
Admissibility of duplicates	p. 279
Admissibility of other evidence of contents	p. 280
Public records	p. 282
Summaries	p. 283
Testimony or written admission of party	p. 283
Functions of court and jury	p. 284
Miscellaneous Rules	p. 287
Applicability of rules	p. 287
Amendments	p. 295
Title	p. 296
Proposed But Rejected Rules	p. 297
Summing up and comment by judge	p. 299
Presumptions in general [as prescribed by Supreme Court]	p. 301
Presumptions in general in civil actions and proceedings [as passed by House of Representatives]	p. 301
Presumptions in criminal cases	p. 301
Character evidence not admissible to prove conduct; exceptions; other crimes	p. 305
Methods of proving character	p. 308
Habit; routine practice	p. 309
Privileges recognized only as provided	p. 310
Required reports privileged by statute	p. 315
Lawyer-client privilege	p. 316
Psychotherapist-patient privilege	p. 322
Husband-wife privilege	p. 326
Communications to clergymen	p. 329
Political vote	p. 332
Trade secrets	p. 333
Secrets of state and other official information	p. 334
Identity of informer	p. 339
Waiver of privilege by voluntary disclosure	p. 343
Privileged matter disclosed under compulsion or without opportunity to claim privilege	p. 344
Comment upon or inference from claim of privilege; instruction	p. 345
Hearsay exceptions: declarant unavailable	p. 346
Proposed New Amendments	p. 349
Evidence of character and conduct of witness	p. 351
Advisory committee notes (2002)	p. 352
Hearsay exceptions: Declarant unavailable	p. 353
Advisory committee notes (2002)	p. 354
Enabling Act	p. 357
Uniform Rules	p. 361
Judicial notice of adjudicative facts	p. 363
Definitions	p. 364
Effect of presumptions in civil cases	p. 364
Scope and effect of presumptions in criminal cases	p. 364
Privileges recognized only as provided	p. 365
Lawyer-client privilege	p. 365
Physician and psychotherapist-patient privilege	p. 367
Spousal privilege	p. 369
Religious privilege	p. 370
Political vote	p. 371
Trade secrets	p. 371
Secrets of state and other official information; governmental privileges	p. 371
Identity of informer	p. 372
Waiver of privilege	p. 373
Comment upon or inference from claim of privilege; instruction	p. 373
Opinion testimony by lay witnesses	p. 374
Testimony by experts	p. 374
Professional Ethics	p. 377
Model Code of Professional Responsibility	p. 379
Preservation of confidences and secrets of a client	p. 379
Representing a client within the bounds of the law	p. 380
Performing the duty of public prosecutor or other government lawyer	p. 381
Trial conduct	p. 381
Contact with witnesses	p. 382
Model Rules of Professional Conduct	p. 383
Confidentiality of information	p. 383
Candor toward the tribunal	p. 384
Fairness to opposing party and counsel	p. 384
Lawyer as witness	p. 385
Child Victim Legislation	p. 387
18 U.S.C. [section]3509 (1990)	p. 389
Case Supplement	p. 401
United States v. Cherry, 217 F.3d 811 (10th Cir. 2000)	p. 403
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