How to Lay and Oppose Evidentiary Foundations
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.
REVISION 30 HIGHLIGHTS
In the latest edition of Trial Evidence Foundations, 28 sections have been updated with summaries and analysis of more than 60 recent significant state and federal court decisions. Some of the issues addressed include:
Witness Competency and Credibility
- Competency of child victims as witnesses in sexual assault case
- Impeachment by prior inconsistent statements
- Rehabilitation of witnesses by prior consistent statements
Lay Opinion Evidence on
- Value of one’s own property
- Cause of medical symptoms or injuries
- Existence of a conspiracy
- Text messages
- Facebook pages
- YouTube videos
Hearsay and Hearsay Exceptions
- Statements admitted to show effect on hearer
- Testimonial vs. non-testimonial statements
- Adoptive, vicarious, and judicial admissions
- Statements admitted to show declarant’s state of mind
- Statements made for purposes of medical diagnosis
- Email as a business record
- Excited utterances
Get the rule, elements, tactics, and key cases for over 60 frequently needed foundations. Anticipate and avoid objections and find alternate admission procedures when an objection is sustained.