- 620 pages
- Access to digital forms on Jamesforms.com
- ISBN: 0-938065-15-7
Trial Evidence Foundations
The rule, elements, tactics, and key cases are provided for 60 frequently needed foundations. Helps you anticipate and avoid objections and provides alternate admission procedures.
by Gordon P. Cleary & John A. Tarantino
- 620 pages
How to Lay and Oppose Evidentiary Foundations
This handy guide will keep you from missing any of the elements required to lay a proper foundation and alert you to when your opponent has. In the latest edition, 27 sections have been updated with a round-up of more than 70 recent significant federal and state cases.
Remembering all the elements required to lay a proper foundation can be difficult. Take the simple admission of a letter. First you have to authenticate the document, then demonstrate that it complies with the best evidence rule if its terms are in issue, then show that it is not hearsay if you intend to use its contents. Trial Evidence Foundations is a quick-reference solution. Here is a handy courtroom guide that will keep you from overlooking any required foundational elements, and point out when your opponent has. Cleary and Tarantino’s Trial Evidence Foundations contains the rule, elements, tactics, and key cases for most foundations.
- Establishing credibility
- Attacking credibility
- Oral statements
- Real or physical evidence
- Demonstrative evidence
- Excited utterances
- Present sense impression
- Lay witnesses
- Specific privileges
Designed for use when time is short, the book is formatted for quick reference. Each foundation is tightly covered in three or four pages. Frequent headings and key words are emphasized with bold type, and case citations and descriptions are condensed with small type. 20 sturdy divider tabs, each printed with a foundation category and color-coded, quickly direct you to the correct page. The book is small enough to fit into a trial case and designed to be taken to the courtroom.
Use Mr. Tarantino’s helpful guidance to keep you from overlooking any required foundational elements, and point out when your opponent has. Trial Evidence Foundations provides step-by-step instructions for laying objection-proof foundations. The well-organized format makes it easy to quickly find the information you need. For each foundation, the book provides in three or four pages:
- The Rule. A concise statement of the scope, application and rationale of the rule underlying each foundation.
- Elements. The heart of the book, this section lists each fact which must be established to build a proper foundation.
- Tactics for the proponent: anticipating and avoiding the possible objections to your foundation, meeting any objections made, alternative admission procedures, expected judicial reactions, and tactics of the opposition.
- Tactics for the opponent: supporting your objection, alternative arguments, effect on the jury, judicial preferences, and protecting the record.
- Key cases. The names, citations, facts, and holdings of significant state and federal cases are listed. This section gives you fast, on-the-spot citations for the court, something any judge is sure to appreciate.
Frequent headings and key words are emphasized with bold type, and case citations and descriptions are condensed with small type. 20 sturdy divider tabs, each printed with a foundation category and color-coded, quickly direct you to the correct page. The book is small enough to fit into a trial case and designed to be taken to the courtroom.
Also included a 26-page quick reference guide, which has been thoroughly revised and updated for 2013. This handy guide covers, in detail, each type of evidence foundation.
Chapter 1: Introduction to Evidentiary Foundations
Chapter 2: Trial Proceedings and Motions
Chapter 3: Witnesses
Chapter 4: Opinion
Chapter 5: Authentication
Chapter 6: Hearsay
Chapter 7: Privileges
Chapter 8: Other Evidence Rules
Gordon P. Cleary is a trial attorney and a principal of Vetter & White, Providence, Rhode Island. Mr. Cleary speaks and writes frequently on discovery and deposition techniques, trial evidence, and trial practice and procedure, and has served as a faculty member of the Massachusetts Continuing Legal Education/Massachusetts Law Institute Trial Advocacy Program. For many years he has been an annual contributing editor of the Product Liability Desk Reference (Aspen Publishers).
Mr. Cleary earned a Bachelor of Arts with High Distinction from the University of Rhode Island, and a J.D. with High Honors, Order of the Coif, from the George Washington University National Law Center. He is a member of the American Bar Association (Litigation and Trial Evidence Committees), the Rhode Island Bar Association (Federal Bench/Bar Committee), the Federal Bar Association, the Rhode Island Trial Lawyers Association, the Defense Counsel of Rhode Island, the Defense Research Institute, and the Maritime Law Association.
John A. Tarantino is a principal, trial attorney and president of the law firm of Adler Pollock & Sheehan P.C. with offices in Providence, Rhode Island and Boston, Massachusetts. He is the author of a number of texts and has written more than 200 articles on various aspects of the law including product liability, discovery, evidence, procedure, trial strategy, criminal law, legal ethics and forensic science. John Tarantino is a Fellow of the American College of Trial Lawyers and is recognized in The Best Lawyers of America in the field of litigation. He has also been recognized by Rhode Island Monthly Magazine as one of “The Best Lawyers in Rhode Island” in the field of litigation. In addition to his writings, he is a frequent lecturer, seminar speaker, panelist, and instructor on various areas of the law including litigation, trial practice, ethics, and professional responsibility. He has held numerous leadership positions in the bar including President of the New England Bar Association.
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