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9780735551466

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

by
  • ISBN13:

    9780735551466

  • ISBN10:

    0735551464

  • Format: Nonspecific Binding
  • Copyright: 2005-01-01
  • Publisher: Wolters Kluwer
  • Purchase Benefits
List Price: $35.50

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

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