Federal Rules of Evidence : With Advisory Committee Notes, Legislative History, and Case Supplements, 2005 Statutory Supplement

by MUELLER

• ISBN13: 9780735551466
• ISBN10: 0735551464
• Format: Nonspecific Binding
• Copyright: 2005-01-01
• Publisher: Wolters Kluwer

Table of Contents

Part 1 FEDERAL RULES OF EVIDENCE	1	(36)
Article I. 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)
Article II. Judicial Notice	5	(1)
Judicial notice of adjudicative facts	5	(1)
Article III. 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)
Article IV. Relevancy and Its Limits	6	(7)
Definition of ``relevant evidence''	6	(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	8	(1)
Compromise and offers to compromise	9	(1)
Payment of medical and similar expenses	9	(1)
Inadmissibility of pleas, plea discussions, and related statements	9	(1)
Liability insurance	10	(1)
Sex offense cases; relevance of alleged victim's past sexual behavior or alleged sexual predisposition	10	(1)
Evidence of similar crimes in sexual assault cases	11	(1)
Evidence of similar crimes in child molestation cases	12	(1)
Evidence of similar acts in civil cases concerning sexual assault or child molestation	12	(1)
Article V. Privileges	13	(1)
General rule	13	(1)
Article VI. Witnesses	13	(5)
General rule of competency	13	(1)
Lack of personal knowledge	13	(1)
Oath or affirmation	14	(1)
Interpreters	14	(1)
Competency of judge as witness	14	(1)
Competency of juror as witness	14	(1)
Who may impeach	14	(1)
Evidence of character and conduct of witness	15	(1)
Impeachment by evidence of conviction of crime	15	(1)
Religious beliefs or opinions	16	(1)
Mode and order of interrogation and presentation	16	(1)
Writing used to refresh memory	17	(1)
Prior statements of witnesses	17	(1)
Calling and interrogation of witnesses by court	18	(1)
Exclusion of witnesses	18	(1)
Article VII. Opinions and Expert Testimony	18	(2)
Opinion testimony by lay witnesses	18	(1)
Testimony by experts	19	(1)
Bases of opinion testimony by experts	19	(1)
Opinion on ultimate issue	19	(1)
Disclosure of facts or data underlying expert opinion	19	(1)
Court appointed experts	20	(1)
Article VIII. Hearsay	20	(8)
Definitions	20	(1)
Hearsay rule	21	(1)
Hearsay exceptions; availability of declarant immaterial	21	(4)
Hearsay exceptions; declarant unavailable	25	(2)
Hearsay within hearsay	27	(1)
Attacking and supporting credibility of declarant	27	(1)
Residual exception	27	(1)
Article IX. Authentication and Identification	28	(4)
Requirement of authentication or identification	28	(1)
Self-authentication	29	(2)
Subscribing witness' testimony unnecessary	31	(1)
Article X. Contents of Writings, Recordings, and Photographs	32	(2)
Definitions	32	(1)
Requirement of original	32	(1)
Admissibility of duplicates	32	(1)
Admissibility of other evidence of contents	33	(1)
Public records	33	(1)
Summaries	33	(1)
Testimony or written admission of party	34	(1)
Functions of court and jury	34	(1)
Article XI. Miscellaneous Rules	34	(3)
Applicability of rules	34	(2)
Amendments	36	(1)
Title	36	(1)
Part 2 RULES, ADVISORY COMMITTEE NOTES, AND LEGISLATIVE HISTORY	37	(246)
Article I. General Provisions	39	(14)
Scope	39	(1)
Purpose and construction	39	(1)
Rulings on evidence	40	(5)
Preliminary questions	45	(5)
Limited admissibility	50	(1)
Remainder of or related writings or recorded statements	51	(2)
Article II. Judicial Notice	53	(10)
Judicial notice of adjudicative facts	53	(10)
Article III. Presumptions in Civil Actions and Proceedings	63	(8)
Presumptions in general in civil actions and proceedings	63	(6)
Applicability of state law in civil actions and proceedings	69	(2)
Article IV. Relevancy and Its Limits	71	(40)
Definition of ``relevant evidence''	71	(2)
Relevant evidence generally admissible; irrelevant evidence inadmissible	73	(2)
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time	75	(1)
Character evidence not admissible to prove conduct; exceptions; other crimes	76	(6)
Methods of proving character	82	(2)
Habit; routine practice	84	(3)
Subsequent remedial measures	87	(2)
Compromise and offers to compromise	89	(3)
Payment of medical and similar expenses	92	(1)
Inadmissibility of pleas, plea discussions, and related statements	93	(5)
Liability insurance	98	(1)
Sex offense cases; relevance of alleged victim's past sexual behavior or alleged sexual predisposition	98	(7)
Evidence of similar crimes in sexual assault cases	105	(3)
Evidence of similar crimes in child molestation cases	108	(1)
Evidence of similar acts in civil cases concerning sexual assault or child molestation	109	(2)
Article V. Privileges	111	(6)
General rule	111	(6)
Article VI. Witnesses	117	(42)
General rule of competency	117	(2)
Lack of personal knowledge	119	(1)
Oath or affirmation	120	(1)
Interpreters	121	(1)
Competency of judge as witness	121	(1)
Competency of juror as witness	122	(4)
Who may impeach	126	(1)
Evidence of character and conduct of witness	127	(5)
Impeachment by evidence of conviction of crime	132	(12)
Religious beliefs or opinions	144	(1)
Mode and order of interrogation and presentation	144	(6)
Writing used to refresh memory	150	(3)
Prior statements of witnesses	153	(1)
Calling and interrogation of witnesses by court	154	(2)
Exclusion of witnesses	156	(3)
Article VII. Opinions and Expert Testimony	159	(20)
Opinion testimony by lay witnesses	159	(3)
Testimony by experts	162	(7)
Bases of opinion testimony by experts	169	(3)
Opinion on ultimate issue	172	(3)
Disclosure of facts or data underlying expert opinion	175	(1)
Court appointed experts	176	(3)
Article VIII. Hearsay	179	(70)
Definitions	184	(11)
Hearsay rule	195	(1)
Hearsay exceptions; availability of declarant immaterial	196	(28)
Hearsay exceptions; declarant unavailable	224	(15)
Hearsay within hearsay	239	(1)
Attacking and supporting credibility of declarant	240	(3)
Residual exception	243	(6)
Article IX. Authentication and Identification	249	(14)
Requirement of authentication or identification	249	(5)
Self-authentication	254	(7)
Subscribing witness' testimony unnecessary	261	(2)
Article X. Contents of Writings, Recordings, and Photographs	263	(10)
Definitions	263	(2)
Requirement of original	265	(1)
Admissibility of duplicates	266	(1)
Admissibility of other evidence of contents	267	(2)
Public records	269	(1)
Summaries	270	(1)
Testimony or written admission of party	271	(1)
Functions of court and jury	271	(2)
Article XI. Miscellaneous Rules	273	(10)
Applicability of rules	273	(8)
Amendments	281	(1)
Title	281	(2)
Part 3 PROPOSED BUT REJECTED RULES	283	(48)
Summing up and comment by judge	285	(1)
Presumptions in general [as prescribed by Supreme Court]	286	(1)
Presumptions in general in civil actions and proceedings [as passed by House of Representatives]	287	(1)
Presumptions in criminal cases	287	(3)
Character evidence not admissible to prove conduct; exceptions; other crimes	290	(3)
Methods of proving character	293	(1)
Habit; routine practice	294	(1)
Privileges recognized only as provided	295	(5)
Required reports privileged by statute	300	(1)
Lawyer-client privilege	301	(5)
Psychotherapist-patient privilege	306	(4)
Husband-wife privilege	310	(3)
Communications to clergymen	313	(2)
Political vote	315	(1)
Trade secrets	316	(1)
Secrets of state and other official information	317	(4)
Identity of informer	321	(4)
Waiver of privilege by voluntary disclosure	325	(1)
Privileged matter disclosed under compulsion or without opportunity to claim privilege	326	(1)
Comment upon or inference from claim of privilege; instruction	327	(1)
Hearsay exceptions; declarant unavailable	328	(3)
Part 4 ENABLING ACT	331	(4)
Part 5 UNIFORM RULES	335	(14)
Judicial notice of adjudicative facts	337	(1)
Definitions	338	(1)
Effect of presumptions in civil cases	338	(1)
Scope and effect of presumptions in criminal cases	338	(1)
Privileges recognized only as provided	339	(1)
Lawyer-client privilege	339	(2)
Physician and psychotherapist-patient privilege	341	(2)
Spousal privilege	343	(1)
Religious privilege	344	(1)
Political vote	344	(1)
Trade secrets	344	(1)
Secrets of state and other official information; governmental privileges	345	(1)
Identity of informer	345	(1)
Waiver of privilege	346	(1)
Comment upon or inference from claim of privilege; instruction	346	(1)
Opinion testimony by lay witnesses	347	(1)
Testimony by experts	347	(2)
Part 6 PROFESSIONAL ETHICS	349	(10)
Model Code of Professional Responsibility	351	(8)
Preservation of confidences and secrets of a client	351	(1)
Representing a client within the bounds of the law	352	(1)
Performing the duty of public prosecutor or other government lawyer	353	(1)
Trial conduct	353	(1)
Contact with witness	354	(1)
Model Rules of Professional Conduct
Rule	355	(1)
Confidentiality of information	355	(1)
Candor toward the tribunal	356	(1)
Fairness to opposing party and counsel	356	(1)
Lawyer as witness	357	(2)
Part 7 CHILD VICTIM LEGISLATION	359	(20)
18 U.S.C. §3509	361	(12)
Part 8 PROPOSED AMENDMENTS TO THE FEDERAL RULES OF EVIDENCE
Rule	371	(2)
Character evidence not admissible to prove conduct; exceptions; other crimes	373	(2)
Compromise and offers to compromise	375	(2)
Competency of juror as witness	377	(2)
Impeachment by evidence of conviction of crime	379