Federal Rules of Evidence in a Nutshell

by Graham, Michael H.

• ISBN13: 9780314176066
• ISBN10: 0314176063
• Edition: 7th
• Format: Paperback
• Copyright: 2006-12-31
• Publisher: West Group

Summary

The Federal Rules of Evidence in a Nutshell, 7th is a perfect supplement for students learning evidence through the case method. Commentary sections explaining and exploring the concepts underlying the particular rules help students understand the theory, application, and interrelationships found in the Federal Rules of Evidence. This new edition is updated throughout and includes discussions of the important Crawford case and Davis case. It also includes the Rules Amendments through December 1, 2006.

Table of Contents

Preface	v
Table of Cases	xxxvii
Article I. General Provisions
Rule 101. Scope	1	(1)
Scope of Rules	2	(1)
Rule 102. Purpose and Construction	2	(1)
Purpose and Construction	2	(1)
Rule 103. Rulings on Evidence	3	(21)
Rule 103(a): Reversible, Harmless and Structural Error; An Overview	4	(5)
Rule 103(a)(1): Error in Admitting; Objection, Presentation and Waiver	9	(3)
Rule 103(a)(1): Error in Admitting; Time of Objecting; Motion to Curative Instructions	12	(1)
Error in Admitting: Waiver of Right to Object by Other Than Failure to Make; Door Opening	13	(2)
Error in Admitting: Nonjury and Chancery Cases	15	(1)
Rule 103(a)(2) and (b): Error in Excluding; Offer of Proof	16	(3)
Rule 103(c): Hearing of Jury; Motions in Limine	19	(3)
Rule 103(d): Plain Error	22	(2)
Rule 104. Preliminary Questions	24	(6)
Rule 104(a) and (e): Preliminary Questions of Admissibility; Weight and Credibility	25	(2)
Rule 104(b): Relevancy Conditioned on Fact; Connecting Up	27	(2)
Rule 104(c): Hearing in Presence of Jury	29	(1)
Rule 104(d): Testimony by Accused Upon Preliminary Matter; Suppressed Evidence	29	(1)
Rule 105. Limited Admissibility	30	(6)
Limited Admissibility	30	(2)
Rule 106. Remainder of or Related Writings or Recorded Statements	32	(1)
Remainder of or Related Writings and Recorded Statements Employed at Time of Introduction	32	(2)
Remainder of Oral Statements, Writing or Recorded Statement Employed on Next Examination	34	(2)
Article II. Judicial Notice
Rule 201. Judicial Notice of Adjudicative Facts	36	(15)
Rule 201(a): Nature of Judicial Notice; An Overview	37	(3)
Rule 201(b)(1): Adjudicative Facts; Matters Generally Known	40	(1)
Rule 201(b)(2): Adjudicative Facts; Accurate and Ready Determination	40	(4)
Judicial Notice: Ascertaining the Appropriate Law	44	(1)
Judicial Notice of Legislative Facts: Factual Bases of Judicial Rules	45	(1)
Judicial Notice of Legislative Facts: Factual Aspects of Legislation	46	(1)
Rules 201(c)-(g): Procedural Aspects of Judicial Notice	47	(4)
Article III. [Burdens of Proof and] Presumptions in Civil [and Criminal] Actions and Proceedings
Rule 301. Presumptions in General in Civil Actions and Proceedings	51	(24)
Burdens of Proof and Presumptions in Civil Cases: An Introduction	52	(1)
Burden of Proof: Allocating the Elements; Burden of Pleading	53	(2)
Burden of Proof: Description and Nature of Responsibility; State Law Supplying Rule of Decision	55	(1)
Burden of Production: Measure and Effect; Prima Facie Case	56	(2)
Burden of Persuasion: Incidence and Measure in Civil Cases	58	(1)
Presumptions in Civil Cases: Definition and Nature	59	(4)
Presumptions: Inferences and Permissive Presumptions	63	(1)
Presumptions: Prima Facie Evidence	64	(1)
Presumptions: Conclusive and Irrebuttable Presumptions	65	(1)
Presumptions as Evidence	66	(1)
Conflicting Presumptions	66	(1)
Presumptions: Attack by Rebutting Basic Facts or Presumed Fact; Effect on Jury Instructions	67	(3)
Presumptions: Instructing the Jury	70	(3)
Presumptions: Statutory and Common Law Illustrations	73	(2)
Rule 302. Applicability of State Law in Civil Actions and Proceedings	75	(2)
Applicability of State Law in Civil Actions and Proceedings	75	(2)
Standard 303. Presumptions in Criminal Cases	77	(14)
Burden of Proof in Criminal Cases: Allocating the Elements; Procedure for Allocating	78	(2)
Burden of Producing Evidence	80	(1)
Burden of Persuasion: Incidence, Measure and Shifting	81	(1)
Standard 303(a), (b) and (c): Presumptions in Criminal Cases; Definition, Nature and Instructions; Constitutionality	82	(7)
Presumption of Innocence	89	(2)
Article IV. Relevancy and Its Limits
Rule 401. Definition of ``Relevant Evidence''	91	(17)
Relevant Evidence: Materiality and ``Fact of Consequence''	91	(3)
Demonstrative and Real Evidence: Definition	94	(2)
Demonstrative and Real Evidence: Relevancy	96	(1)
Real Evidence: Tangible Objects; Instrumentalities of Crime	97	(1)
Real Evidence: Exhibiting Personal Injuries; Bodily Demonstrations	98	(1)
Demonstrative Evidence: Maps, Models, Drawings, Charts and Tangible Items	99	(1)
Demonstrative Evidence: Photographs, Videotapes, Animations	100	(5)
Demonstrative Evidence: X-rays	105	(1)
Demonstrative Evidence: Courtroom and Out of Court Demonstrations	105	(1)
Experiments	106	(1)
View by Trier of Fact	107	(1)
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible	108	(2)
Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible	109	(1)
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time	110	(5)
Exclusion of Relevant Evidence: Factors to Be Considered; Standard Applied	110	(5)
Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes	115	(12)
Character Evidence: An Overview	117	(2)
Rule 404: Character Evidence; Circumstantial Use in Civil Cases	119	(1)
Rule 404(a)(1): Character Evidence of the Accused	120	(1)
Rule 404(a)(2): Character Evidence of the Alleged Victim	121	(1)
Rule 404(b): Other Crimes, Wrongs or Acts	122	(5)
Rule 405. Methods of Proving Character	127	(5)
Rule 405(a): Method of Proof of Character; Reputation or Opinion; Specific Instances Permitted Only on Cross-Examination	128	(2)
Rule 405(b): Character as an Element; Specific Instances of Conduct	130	(2)
Rule 406. Habit; Routine Practice	132	(5)
Habit and Routine Practice: An Overview	132	(2)
Habit of an Individual	134	(1)
Routine Practice of an Organization	135	(1)
Method of Proof of Habit or Routine Practice	136	(1)
Rule 407. Subsequent Remedial Measures	137	(1)
Subsequent Remedial Measures	137	(1)
Rule 408. Compromise and Offers to Compromise	138	(5)
Compromise and Offers to Compromise	139	(4)
Rule 409. Payment of Medical and Similar Expenses	143	(1)
Payment of Medical and Similar Expenses	143	(1)
Rule 410. Inadmissibility of Pleas, Plea Discussions and Related Statements	144	(9)
Rule 410: Inadmissibility of Pleas, Plea Discussions, and Related Statements	145	(8)
Rule 411. Liability Insurance	153	(1)
Liability Insurance	153	(1)
Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition	154	(13)
Sex Offense Cases: Relevance of Alleged Victim's Behavior or Alleged Sexual Predisposition	156	(11)
Rule 413. Evidence of Similar Crimes in Sexual Assault Cases	167	(3)
Evidence of Similar Crimes in Sexual Assault Cases	168	(2)
Rule 414. Evidence of Similar Crimes in Child Molestation Cases	170	(2)
Evidence of Similar Crimes in Child Molestation Cases	171	(1)
Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation	172	(3)
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault of Child Molestation	173	(2)
Article V. Privileges
Rule 501. General Rule	175	(12)
Rule 501: General Rule of Privilege; An Overview	175	(5)
Lawyer-Client Privilege	180	(3)
Husband-Wife Privileges	183	(1)
Waiver of Privilege; Disclosure Without Opportunity to Claim	184	(3)
Article VI. Witnesses
Rule 601. General Rule of Competency	187	(10)
General Rule of Competency: An Overview	187	(4)
Mental Capacity: Preliminary Hearings; Ordering of Psychiatric Examinations; Children	191	(5)
Alcohol or Drug Use as Affecting Competency	196	(1)
Dead Man's Statutes	196	(1)
Rule 602. Lack of Personal Knowledge	197	(3)
The Requirement of Personal Knowledge	198	(2)
Rule 603. Oath or Affirmation	200	(1)
Oath or Affirmation	200	(1)
Rule 604. Interpreters	201	(1)
Interpreters	201	(1)
Rule 605. Competency of Judge as Witness	202	(1)
Competency of Judge as Witness	202	(1)
Rule 606. Competency of Juror as Witness	203	(5)
Rule 606(a): Competency of Juror as Witness at Trial	204	(1)
Rule 606(b): Competency of Juror to Attack Validity of Verdict or Indictment	204	(3)
Competency and Propriety of Lawyer for a Party as Witness at Trial	207	(1)
Rule 607. Who May Impeach	208	(19)
Impeachment: Components of Credibility	208	(2)
Contradiction: Collateral and Non-Collateral Matters; Good Faith Basis	210	(5)
Impeachment of a Party's Own Witness	215	(5)
Personal Knowledge: Mental Capacity; Expert Testimony	220	(1)
Alcohol or Drug Use as Affecting Credibility	221	(1)
Name, Occupation and Residence of the Witness	222	(1)
Untrustworthy Partiality: Interest, Bias, Corruption, or Coercion; Foundation	223	(3)
Contradiction by Other Evidence	226	(1)
Rule 608. Evidence of Character and Conduct of Witness	227	(11)
Character of Witness for Truthfulness or Untruthfulness: An Overview	228	(2)
Rule 608(a): Opinion or Reputation Testimony Relating to Truthfulness; When Permitted	230	(2)
Rule 608(b): Opinion or Reputation Testimony Relating to Truthfulness; Basis and Content	232	(1)
Rule 608(b)(1): Cross-Examination as to Specific Acts of Conduct of the Witness; Extrinsic Evidence	233	(2)
Rule 608(b)(2): Cross-examination of Character Witness as to Specific Acts of Conduct of Principal Witness; Extrinsic Evidence	235	(3)
Rule 609. Impeachment By Evidence of Conviction of Crime	238	(20)
Impeachment by Evidence of Conviction of a Crime: The Dilemma	240	(3)
Rule 609(a): Impeachment by Evidence of Conviction; The General Rule; An Overview	243	(2)
Rule 609(a)(1): Crimes Punishable by Death or Imprisonment in Excess of One Year; Discretionary Balancing Test	245	(4)
Rule 609(a)(2): Crimes of Dishonesty or False Statement	249	(3)
Rule 609(b): Conviction as to Which More Than Ten Years Has Elapsed	252	(1)
Rule 609(a) and (b): Method of Establishing Convictions; Preserving Error for Appeal; Timing of Ruling; Limiting Instructions	253	(3)
Rule 609(c): Effect of a Pardon, Annulment, or Certificate of Rehabilitation	256	(1)
Rule 609(d): Juvenile Adjudications	257	(1)
Rule 609(e): Pendency of Appeal	258	(1)
Rule 610. Religious Beliefs or Opinions	258	(1)
Religious Beliefs or Opinions	259	(1)
Rule 611. Mode and Order of Interrogation and Presentation	259	(31)
Mode and Order of Interrogation and Presentation: An Overview	260	(1)
Order of Presentation: Voir Dire, Opening Statements and Closing Arguments	261	(2)
Order of Presentation: Evidence Introduced at Trial	263	(2)
Rule 611(a): Control by Court of Order of Presentation of Evidence	265	(2)
Introduction of Evidence After Parties Rest	267	(1)
Direct Examination	267	(1)
Attendance of Witnesses and Production of Documents at Trial: Witness Fees	268	(1)
Rule 611(c): Form of Testimony on Direct; Leading Questions	268	(4)
Lack of Foundation: ``Voir Dire'' as to Admissibility of Evidence	272	(2)
Cross-Examination: An Overview; Rule 611(c), Leading Questions	274	(3)
Rule 611(b): Scope of Cross-Examination	277	(1)
Redirect and Recross Examination	278	(2)
Rebuttal and Surrebuttal: Corroboration of Witness; Rebutting Attacks	280	(1)
Trial Objections: An Overview; Form of the Question	281	(2)
Question Is Too Broad or Calls for a Narrative Answer	283	(1)
Compound Questions	284	(1)
Question Is Repetitive: Asked and Answered	285	(1)
Question Calls for Conjecture, Speculation or Judgment of Veracity	285	(1)
Question Is Ambiguous, Imprecise, Unintelligible or Calls for a Vague Answer	286	(1)
Question Is Argumentative or Contains an Improper Characterization	287	(1)
Questions Assuming Facts Either Not in Evidence or in Dispute	288	(1)
Misquoting a Witness in a Question	289	(1)
Unresponsive Answer: No Question Pending	289	(1)
Rule 612. Writing Used to Refresh Memory	290	(7)
Refreshing Recollection: General Considerations; Use of Leading Questions	291	(3)
Rule 612: Writings Used to Refresh Memory	294	(3)
Rule 613. Prior Statements of Witnesses	297	(11)
Rule 613(a) and (b): Prior Statements of Witnesses; An Overview	298	(1)
Prior Statements of Witnesses: Requirement of Inconsistency	299	(2)
Prior Statements of Witnesses: Foundation Requirement; Good Faith Basis; Extrinsic Proof; Limiting Instruction	301	(4)
Requiring a Foundation on Cross-Examination	305	(2)
Prior Conduct of a Witness	307	(1)
Use of Suppressed Statements and Illegally Seized Evidence to Impeach	307	(1)
Rule 614. Calling and Interrogation of Witnesses by Court	308	(3)
Rule 614(a): Calling of Witnesses by the Court	308	(2)
Rule 614(b): Interrogation by the Court	310	(1)
Rule 614(c): Objection to Calling or Interrogation of Witness	310	(1)
Rule 615. Exclusion of Witnesses	311	(3)
Exclusion and Separation of Witnesses	311	(3)
Article VII. Opinions and Expert Testimony
Opinions of Lay and Expert Witnesses	314	(1)
Opinions of Lay and Expert Witnesses: Historical Perspective and Introduction	314	(2)
Rule 701. Opinion Testimony by Lay Witnesses	316	(4)
Opinion Testimony of Lay Witnesses	317	(3)
Rule 702. Testimony By Experts	320	(32)
Testimony by Experts: An Overview	320	(3)
Qualifications of Experts	323	(1)
Compensation of Experts; Compelling Testimony at Trial, Contingent Fees	324	(1)
Assist the Trier of Fact; Common Knowledge	324	(1)
``Gatekeeping'' Under Daubert/Kumho/Rule 702: Determining ``Reliable''	325	(22)
Subjects of Expert Testimony	347	(5)
Rule 703. Bases of Opinion Testimony by Experts	352	(7)
Bases of Opinion Testimony by Experts	353	(6)
Rule 704. Opinion on Ultimate Issue	359	(5)
Opinion on Ultimate Issue: An Overview	360	(3)
Opinion on Ultimate Issue: Mental State or Condition	363	(1)
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion	364	(5)
Disclosure of Facts or Data Underlying Expert Opinion	364	(2)
Discretionary Use of Hypothetical Question	366	(1)
Cross-Examining Experts	367	(2)
Rule 706. Court Appointed Experts	369	(8)
Court Appointed Experts: Policy Considerations	370	(3)
Court Appointed Experts: Procedure	373	(4)
Article VIII. Hearsay
The Hearsay Rule And Hearsay Exceptions	377	(1)
The Hearsay Rule and Hearsay Exceptions	377	(56)
Rules 801(a), (b) and (c). Definition of Hearsay	384	(1)
Rules 801(a)(1) and (2), (b) and (c): Definition of Hearsay	384	(8)
Rule 801(a)(2): Nonverbal Conduct Intended as an Assertion	392	(1)
Rule 801(a)(2): Nonverbal Conduct Not Intended as an Assertion	392	(2)
Rule 801(a)(1): Oral or Written Conduct Not Intended as an Assertion	394	(1)
Rule 801(c): Statements Offered Other Than to Prove the Truth of the Matter Asserted; Verbal Act; Characterizing Act; Affect on Listener; Impeachment	395	(2)
Rule 801(c): Statements Offered Other Than to Prove the Truth of the Matter Asserted; Circumstantial Evidence	397	(7)
Rule 801(c): Statements Offered Other Than to Prove the Truth of the Matter Asserted; Basis for Nonasserted Inference or ``Implied Assertion''	404	(3)
Rules 801(a), (b) and (c): Statements Not Made in Presence of Opposite Party	407	(1)
Rules 801(a), (b) and (c): Hearsay Admitted Without Objection	407	(1)
Rules 801(a), (b) and (c): Interpreting the Definition of Hearsay	408	(1)
Rule 801(d)(1). Statements Which are not Hearsay: Prior Statement by Witness	409	(1)
Rule 801(d)(1)(A): Prior Inconsistent Statements	410	(2)
Rule 801(d)(1)(B): Prior Consistent Statements	412	(2)
Rule 801(d)(1)(C): Prior Identification of a Person After Perceiving Him; Police Officer Testimony	414	(2)
Rule 801(d)(2). Statements Which are not Hearsay: Admission by Party-Opponent	416	(1)
Rule 801(d)(2): Admission by Party-Opponent; An Overview	417	(1)
Rule 801(d)(2)(A): Admissions; Statements of Party Made in Individual Capacity	418	(1)
Rule 801(d)(2)(A): Admissions; Plea of Guilty; Crimes Punishable in Excess of One Year, Minor Crimes Including Traffic Offenses	419	(1)
Rule 801(d)(2)(A): Admissions; Statements of Party Made in a Representative Capacity	420	(1)
Rule 801(d)(2): Admissions; Persons in Privity or Jointly Interested	421	(1)
Rule 801(d)(2)(B): Manifestation of Adoption or Belief in Truth of Statement; Words or Conduct	421	(1)
Rule 801(d)(2)(B): Admissions; Manifestation of Adoption or Belief in Truth of Statement; Silence	422	(2)
Rule 801(d)(2)(C): Admissions; Statements by Persons Authorized to Speak	424	(1)
Rule 801(d)(2)(D): Admissions; Statements by Agent or Servant Concerning Matter Within Scope of his Agency or Employment; Attorneys	424	(2)
Rules 801(d)(2): The Requirement of Personal Knowledge	426	(1)
Rule 801(d)(2)(E): Admissions; Statements by Coconspirator	426	(5)
Judicial and Evidentiary Admissions: Superseded and Alternative Pleadings; Testimony of a Party	431	(2)
Rule 802: Hearsay Rule	433	(15)
Rule 802: Hearsay Is Not Admissible	433	(1)
Rule 802: Hearsay Rule; Confrontation and Due Process	434	(14)
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial	448	(61)
Rule 803: Hearsay Exceptions; Availability of Declarant Immaterial	448	(2)
Rules 803(1) and (2). Present Sense Impression and Excited Utterance	450	(1)
Rule 803(1): Present Sense Impression	451	(1)
Rule 803(2): Excited Utterance; Abandonment of ``Res Gestae''	452	(3)
Rule 803(3). Then Existing Mental, Emotional, or Physical Condition; Intent as Proof of Doing Act Intended; Statement as Proof of Fact Remembered or Believed; Will Cases	455	(1)
Rule 803(3): Then Existing Mental, Emotional, or Physical Condition; Intent as Proof of Doing Act Intended; Statement as Proof of Fact Remembered or Believed; Will Cases	455	(5)
Rule 803(4). Statements for Purposes of Medical Diagnosis or Treatment	460	(1)
Rule 803(4): Statements for Purposes of Medical Diagnosis or Treatment	461	(3)
Rule 803(5). Recorded Recollection	464	(1)
Rule 803(5): Recorded Recollection	464	(2)
Rule 803(6). Records of Regularly Conducted Activity	466	(1)
Rule 803(6): Records of Regularly Conducted Activity; Business Records	467	(11)
Rule 803(7). Absence of Entry in Records of Regularly Conducted Activity	478	(1)
Rule 803(7): Absence of Entry in Records of Regularly Conducted Activity	479	(1)
Rule 803(8). Public Records and Reports	480	(1)
Rule 803(8): Public Records and Reports	480	(7)
Rule 803(9). Records of Vital Statistics	487	(1)
Rule 803(9): Records of Vital Statistics	487	(2)
Rule 803(10). Absence of Public Record or Entry	489	(1)
Rule 803(10): Absence of Public Record or Entry	489	(1)
Rule 803(11). Records of Religious Organizations	490	(1)
Rule 803(11): Records of Religious Organizations	490	(1)
Rule 803(12). Marriage, Baptismal, and Similar Certificates	491	(1)
Rule 803(12): Marriage, Baptismal and Similar Certificates	492	(1)
Rule 803(13). Family Records	493	(1)
Rule 803(13): Family Records	493	(1)
Rule 803(14). Records of Documents Affecting an Interest in Property	494	(1)
Rule 803(14): Records of Documents Affecting an Interest in Property	495	(1)
Rule 803(15). Statements in Documents Affecting an Interest in Property	496	(1)
Rule 803(15): Statements in Documents Affecting an Interest in Property	496	(1)
Rule 803(16). Statements in Ancient Documents	497	(1)
Rule 803(16): Statements in Ancient Documents	497	(1)
Rule 803(17). Market Reports, Commercial Publications	498	(1)
Rule 803(17): Market Reports, Commercial Publications; Mortality Tables	498	(2)
Rule 803(18). Learned Treatises	500	(1)
Rule 803(18): Learned Treatises	500	(2)
Rule 803(19). Reputation Concerning Personal or Family History	502	(1)
Rule 803(19): Reputation Concerning Personal or Family History	503	(1)
Rule 803(20). Reputation Concerning Boundaries or General History	504	(1)
Rule 803(20): Reputation Concerning Boundaries or General History	504	(1)
Rule 803(21). Reputation as to Character	505	(1)
Rule 803(21): Reputation as to Character	505	(1)
Rule 803(22). Judgment of Previous Conviction	506	(1)
Rule 803(22): Judgment of Previous Conviction; Other Adjudications	506	(2)
Rule 803(23). Judgment as to Personal, Family, or General History, or Boundaries	508	(1)
Rule 803(23): Judgment as to Personal, Family or General History, or Boundaries	508	(1)
Rule 803(24). Other Exceptions	509	(1)
Rule 803(24): Other Exceptions	509	(1)
Rule 804. Hearsay Exceptions, Declarant Unavailable	509	(28)
Rule 804: Hearsay Exceptions, Declarant Unavailable	509	(3)
Rule 804(a). Definition of Unavailability	512	(1)
Rule 804(a): Definition of Unavailability	513	(3)
Rule 804(b)(1). Former Testimony	516	(1)
Rule 804(b)(1): Former Testimony	516	(6)
Rule 804(b)(2). Statement Under Belief of Impending Death	522	(1)
Rule 804(b)(2): Statement Under Belief of Impending Death	523	(1)
Rule 804(b)(3). Statement Against Interest	524	(1)
Rule 804(b)(3): Statement Against Interest	525	(8)
Rule 804(b)(4). Statement of Personal or Family History	533	(1)
Rule 804(b)(4): Statement of Personal or Family History	533	(2)
Rule 804(b)(5). Other Exceptions	535	(1)
Rule 804(b)(5): Other Expenses	535	(1)
Rule 804(b)(6). Forfeiture by Wrongdoing	535	(1)
Rule 804(b)(6): Forfeiture By Wrongdoing	535	(2)
Rule 805. Hearsay Within Hearsay	537	(1)
Rule 805: Hearsay Within Hearsay	537	(1)
Rule 806. Attacking and Supporting Credibility of Declarant	538	(2)
Rule 806: Attacking and Supporting Credibility of Declarant	538	(2)
Rule 807. Residual Exception	540	(8)
Residual Exception	541	(7)
Article IX. Authentication and Identification
Rules 901(a) and (b). Requirement of Authentication or Identification	548	(22)
Rules 901(a) and (b): Authentication and Identification: General Provision	548	(2)
Rule 901(b)(1). Testimony of Witness With Knowledge	550	(1)
Rule 901(b)(1): Testimony of Witness With Knowledge; Chain of Custody	551	(1)
Rule 901(b)(2). Nonexpert Opinion on Handwriting	552	(1)
Rule 901(b)(2): Nonexpert Opinion on Handwriting	553	(2)
Rule 901(b)(3). Comparison By Trier or Expert Witness	555	(1)
Rule 901(b)(3): Comparison by Trier or Expert Witness	555	(2)
Rule 901(b)(4). Distinctive Characteristics and the Like	557	(1)
Rule 901(b)(4): Distinctive Characteristics and the Like	557	(1)
Rule 901(b)(5). Voice Identification	558	(1)
Rule 901(b)(5): Voice Identification; Sound Recordings; Transcripts of Recordings	559	(2)
Rule 901(b)(6). Telephone Conversations	561	(1)
Rule 901(b)(6): Telephone Conversations	561	(1)
Rule 901(b)(7). Public Records or Reports	562	(1)
Rule 901(b)(7): Public Records or Reports	563	(2)
Rule 901(b)(8). Ancient Documents or Data Compilation	565	(1)
Rule 901(b)(8): Ancient Documents or Data Compilation	565	(1)
Rule 901(b)(9). Process or System	566	(1)
Rule 901(b)(9): Process or System; Computer Records, Faxed Documents, E-Mail, Web Sites	566	(3)
Rule 901(b)(10). Methods Provided by Statute or Rule	569	(1)
Rule 901(b)(10): Methods Provided by Statute or Rule	569	(1)
Rule 902. Self-Authentication	570	(18)
Rule 902: Self-Authentication	570	(1)
Rule 902(1). Domestic Public Documents Under Seal	571	(1)
Rule 902(1): Domestic Public Documents Seal; Attestation	572	(1)
Rule 902(2). Domestic Public Documents Not Under Seal	572	(1)
Rule 902(2): Domestic Public Documents Not Under Seal	573	(1)
Rule 902(3). Foreign Public Documents	573	(1)
Rule 902(3): Foreign Public Documents	574	(1)
Rule 902(4). Certified Copies of Public Records	575	(1)
Rule 902(4): Certified Copies of Public Records	576	(2)
Rule 902(5). Official Publications	578	(1)
Rule 902(5): Official Publications	578	(1)
Rule 902(6). Newspapers and Periodicals	578	(1)
Rule 902(6): Newspapers and Periodicals	579	(1)
Rule 902(7). Trade Inscriptions and the Like	579	(1)
Rule 902(7): Trade Inscriptions and the Like	579	(1)
Rule 902(8). Acknowledged Documents	580	(1)
Rule 902(8): Acknowledged Documents	580	(1)
Rule 902(9). Commercial Paper and Related Documents	581	(1)
Rule 902(9): Commercial Paper and Related Documents	581	(1)
Rule 902(10). Presumptions Under Acts of Congress	582	(1)
Rule 902(10): Presumptions Under Acts of Congress	582	(1)
Rule 902(11). Certified Domestic Records of Regularly Conducted Activity	583	(1)
Rule 902(11): Certified Domestic Records of Regularly Conducted Activity	584	(1)
Rule 902(12). Certified Foreign Records of Regularly Conducted Activity	585	(1)
Rule 902(12): Certified Foreign Records of Regularly Conducted Activity	586	(2)
Rule 903. Subscribing Witness' Testimony Unnecessary	588	(4)
Rule 903: Subscribing Witness' Testimony Unnecessary	588	(2)
Article X. Contents of Writings, Recordings, and Photographs
Rules 1001-1008. The Original Writing (Best Evidence) Rule	590	(1)
The Original Writing (Best Evidence) Rule	590	(2)
Rule 1001. Definitions	592	(4)
Rules 1001(1), (2) and (3): Nature of an Original; An Overview	593	(1)
Rule 1001(3): Nature of an Original; Business and Public Records; Telegrams; Faxed Documents; E-Mail	594	(1)
Rule 1001(4): Duplicates	595	(1)
Rule 1002. Requirement of Original	596	(6)
Rule 1002: Requirement of Original: An Overview	596	(2)
Rule 1002: Requirement of Original; Former Testimony; Depositions	598	(2)
Rule 1002: Document Speaks for Itself; Cross-Examination on Writing	600	(1)
Rules 1002 and 1001(2): Photographs	601	(1)
Rule 1002: Chattels Bearing Inscription	602	(1)
Rule 1003. Admissibility of Duplicates	602	(2)
Rule 1003: Admissibility of Duplicates	602	(2)
Rule 1004. Admissibility of Other Evidence of Contents	604	(4)
Rule 1004: Admissibility of Other Evidence of Contents; No Degrees of Secondary Evidence	604	(1)
Rule 1004(1): Original Lost or Destroyed	605	(1)
Rule 1004(2): Original in Possession of Third Person Not Obtainable	606	(1)
Rule 1004(3): Original in Possession of Opponent; Notice to Produce	606	(1)
Rule 1004(4): Collateral Matters	607	(1)
Rule 1005. Public Records	608	(1)
Rule 1005: Public Records	608	(1)
Rule 1006. Summaries	609	(2)
Rule 1006: Summaries	610	(1)
Rule 1007. Testimony or Written Admission of Party	611	(1)
Rule 1007: Testimony or Written Admission of Party	611	(1)
Rule 1008. Functions of Court and Jury	612	(3)
Rule 1008: Functions of Court and Jury	613	(2)
Article XI. Miscellaneous Rules
Rule 1101. Applicability of Rules	615	(4)
Rule 1101: Applicability of Rules	618	(1)
Rule 1102. Amendments	619	(1)
Rule 1103. Title	619	(2)
Index	621