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| Preface | |
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| Acknowledgments | |
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| The General Requirement of Relevance | |
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| Introduction | |
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| The Basic Standard and Its Application | |
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| Unfair Prejudice | |
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| Limited Admissibility | |
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| Conditional Relevance | |
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| Recurring Situations | |
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| Flight | |
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| Similar Happenings | |
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| Statistical Proof | |
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| Specific Exclusions of Relevant Material | |
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| Introduction | |
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| Insurance | |
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| Subsequent Remedial Measures | |
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| Compromises and Offers to Compromise | |
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| Payments of Medical Expenses | |
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| Nolo Contendere and Withdrawn Guilty Pleas | |
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| Character Evidence | |
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| The Propensity Inference | |
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| Non-propensity Uses of Character Evidence | |
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| "Character in Issue" | |
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| Habit | |
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| Form of Proof Related to Character | |
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| Character of the Accused and the Victim | |
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| Character of the Sexual Assault Victim | |
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| Constitutional Restrictions on Exclusion of Defense Evidence | |
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| Summary of Anti- and Pro-propensity Evidence Rules | |
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| Defining Hearsay | |
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| Introduction | |
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| Basic Rule | |
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| Basic Rationale for Excluding Hearsay | |
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| Detailed Analysis of Statements Typically Not Offered to Prove the Truth of What They Assert | |
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| Visual Aids | |
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| Detailed Analysis of What Constitutes a Statement | |
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| Classic Hearsay Puzzles | |
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| Exceptions to the Hearsay Exclusionary Rule | |
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| Introduction | |
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| Statements Exempted from the Federal Rules Definition of Hearsay | |
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| Admissions | |
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| Prior Statements by a Witness | |
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| Groupings of Hearsay Exceptions Under the Federal Rules | |
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| Statements Defined as Hearsay but Admissible Without Regard to the Declarant's Availability | |
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| Present Sense Impressions | |
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| Excited Utterances | |
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| Present Sense Impression and Excited Utterance Compared | |
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| Statements of Current Mental, Emotional, or Physical Condition | |
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| Statements for Medical Diagnosis or Treatment | |
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| Past Recollection Recorded | |
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| Business and Public Agency Records | |
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| Ancient Documents | |
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| Miscellaneous Exceptions | |
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| Statements Defined as Hearsay but Admissible if the Declarant Is "Unavailable" | |
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| Definition of Unavailable | |
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| Former Testimony | |
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| Dying Declarations | |
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| Statement Against Interest | |
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| Statement by Person Rendered Unavailable: Forfeiture by Wrongdoing | |
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| Residual Exception | |
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| Hearsay and the Confrontation Clause | |
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| Examination and Impeachment | |
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| Introduction | |
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| General Competency Rules | |
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| Personal Knowledge | |
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| Children | |
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| Hypnosis | |
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| Spousal Testimony in Criminal Cases | |
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| Claims Involving Decedents ("Dead Man's Statutes") | |
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| Scope and Style of Examination | |
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| Leading Questions | |
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| Scope for Cross-examination | |
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| Form for Cross-examination Questions | |
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| Questions by the Judge | |
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| Statements of Opinion | |
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| Physical Location of Witnesses and Parties | |
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| General Right to Impeach | |
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| Impeachment by Showing the Witness Lied Intentionally | |
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| Convictions of Crimes | |
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| Past Bad Acts That Did Not Lead to Criminal Convictions | |
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| Evidence of Character for Truth-telling: A Permitted Propensity Inference | |
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| Timing for Proof of Crimes, Acts, and Character | |
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| Proof of Bias | |
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| Inquiry into Religious Beliefs Prohibited | |
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| Impeachment by Proof of Poor Perception or Memory | |
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| Impeachment by Contradiction | |
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| Prior Statements by a Witness | |
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| Impeaching a Hearsay Declarant | |
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| Expert Testimony | |
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| Introduction | |
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| Topics for Expert Testimony | |
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| Qualification as an Expert | |
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| Reliability | |
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| Type of Data | |
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| Style of Testimony | |
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| Privileges | |
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| Introduction | |
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| Attorney-Client Privilege | |
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| Defining "Communication" | |
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| Existence of the Lawyer-Client Relationship | |
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| Required Confidentiality | |
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| Purpose of the Communication | |
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| Allowable Privilege Claimants | |
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| Waiver | |
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| Issues Unique to Lawyer-Client Communications | |
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| Work Product | |
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| Spousal Communications | |
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| Physician-Patient | |
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| Therapist-Patient | |
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| Priest-Penitent | |
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| Governmental Executives and Informers | |
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| Authentication and the Original Writing Rule | |
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| Introduction | |
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| Authentication | |
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| Witness with Knowledge | |
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| Handwriting | |
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| Distinctive Characteristics | |
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| Voices and Telephone Conversations | |
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| Public Records | |
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| Ancient Documents | |
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| Process or System | |
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| Self-authentication | |
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| Original Writing Rule | |
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| Definition of "Original" | |
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| Definition and Use of "Duplicate" Writings and Recordings | |
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| Excuses for Non-production of Original or Duplicate | |
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| Summaries | |
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| Presumptions | |
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| Introduction | |
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| Presumptions | |
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| The Federal Rules Choice | |
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| Production and Persuasion Burdens Defined and Compared | |
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| Criminal Cases | |
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| Judicial Notice | |
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| Introduction | |
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| Adjudicative and Legislative Facts Distinguished | |
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| Procedures for Judicial Notice | |
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| General Provisions | |
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| Judicial Notice | |
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| Presumptions in Civil Actions and Proceedings | |
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| Relevancy and Its Limits | |
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| Privileges | |
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| Witnesses | |
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| Opinions and Expert Testimony | |
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| Hearsay | |
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| Authentication and Identification | |
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| Contents of Writings, Recordings, and Photographs | |
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| Miscellaneous Rules | |
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| Table of Cases | |
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| Index | |