Master the
Complexities of the Hearsay Rule
Get your
evidence admitted and exclude your opponent's. This tabbed courtroom guide
is designed for ready access to the language of the federal hearsay rule and
its numerous exceptions. Tactics, key cases and more keep you on track.
This book's
practice-oriented format helps you find exactly what you need in seconds.
Sturdy tabbed dividers, each printed with a federal rule number and its
title, quickly direct you to the right section. Each section is
organized with headings to help you quickly find the information you need. In each section, you'll
find:
-
The federal rule
— This verbatim statement of the federal rule—the majority view
on hearsay in the U.S.—eliminates the need for checking any other
source. The rule is boldfaced to stand out from the rest of the text.
-
Effect of the rule
— This short, plain English statement of the rule helps you grasp
its meaning on your first reading. It breaks the rule down into its key
components, with each listed on a separate line, thus allowing an
item-by-item comparison with your fact situation.
-
Basis —
The rationale for the rule and its origin.
-
Discussion —
These paragraphs explain the philosophy and limitations of the rule.
These comments will help you remember the rule and apply it to cases of
first impression. Key words are boldfaced to guide you when you are
skim-reading.
-
Illustrations —
Applications of the rule to a common fact situation eliminating any
remaining confusion you may have about the rule’s basic meaning.
-
Trial Practice —
Many litigators will find this section the most valuable. It discusses
problems you are likely to encounter at trial, gives advice for those of
you seeking and those of you opposing admission, and tells how the
courts actually apply the rules.
-
Relevant Cases —
The most significant
cases are listed in this section, updated annually to reflect new
interpretations. The names, citations, facts and holdings are listed in
circuit order to allow you to cite your circuit’s cases to the court.
-
And more
— a listing of corresponding state rules and their variations
from the federal rule allow you to use this book in any court.
The
hearsay rule is the most frequently contested point of evidence, and
interpretation of the rule and its many exceptions may differ from court to
court. Be prepared to meet an oppose hearsay objections and use them
to your advantage.
The book
is loaded with valuable practice tips to help you raise and oppose
objections, understand and remember exceptions, improve your practice,
protect your clients. Just a few include:
-
Include the word
“hearsay” in the objection, especially in the presence of the jury.
Hearsay is probably one of the most familiar legal terms to nonlawyers,
who reasonably sense that it connotes a problem with the validity of the
evidence.
-
Counsel wishing to
impeach a witness through a prior inconsistent statement must raise in
the cross-examination of the witness the fact that the witness testified
earlier, the aspects in which that testimony is inconsistent with the
witness’ trial testimony and provide the witness an opportunity to
explain why the testimony is inconsistent.
-
A party against whom a
religious organization’s record is offered should seek to show that
essentially the organization merely took the word of the person who
provided the information.
-
In a claim based on
sale of goods, Uniform Commercial Code §2-724 provides for the
admissibility of market quotations, trade journals and periodicals of
general
-
circulation whenever
the “prevailing or value of any goods regularly bought and sold in any
established commodity market is in issue.”
-
Watch out for opposing
counsel’s attempts to create fanciful motives without any factual
foundation. They are not sufficient to exclude a statement.
-
The fact that an
article appeared in a journal to which the expert subscribes and which
the expert believes is the best in the field is not enough. The article
itself or its author must be considered authoritative. Twin City Fire
Insurance Co. v. County Mutual Fire Insurance Co., 23 F3d 1175, 1184
(7th Cir. 1994); Meschino v. North American Drager, Inc., 841 F2d 429,
434 (1st Cir. 1988); Allen v. Safeco Insurance Co. of America, 782 F2d
1517, 1519-20 (11th Cir. 1986).
-
As defense counsel,
urge the judge to at least require some preview of the government’s
evidence so that when the government presents individual statements, the
judge can have a sense of their context.
Trial Hearsay
comes in a trial-size loose-leaf binder making it perfect for the courtroom.
Updated annually. ISBN
0-938065-97-1 Book price: $89.98
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