- Revision 19
- Access to digital forms on Jamesforms.com
- Over 80 custom-drafted forms
- ISBN: 0-58012-018-0
When and how to make and meet objections more successfully. This quick-reference book covers the full range of objections, complete with over 100 pattern objections, tactics, forms, suggested responses, necessary foundations and hundreds of state and federal cases.
by R. Rogge Dunn
- Revision 19
Admit Your Evidence and Exclude or Minimize Theirs
This Edition of Trial Objections is packed with nearly 300 new citations to authority, including cases from all 11 federal circuit courts, the D.C. Circuit and the Supreme Court. New and updated case law appears in every chapter and covers a broad range of topics, including:
- Admissibility of plaintiff’s tax returns;
- Evidence sufficient to state a claim for fraud or misrepresentation;
- Admissibility at trial of statements defendant made during his arrest;
- Admissibility of demonstrative exhibits at trial;
- Rule of completeness, in relation to edited and unedited versions of writings or statements;
- Best evidence rule, in relation to printouts of Internet chat conversations between victim and defendant;
- Ancient documents hearsay exception;
- Requirements a statement must meet to qualify as an excited utterance under FRE 803(2);
- Use of a limiting instruction to make clear for jurors the distinction between substantive and impeachment uses of inculpatory evidence; and
- Propriety of counsel’s statements in closing argument.
As always, each case summary is just a few sentences long, so you can easily plug the language directly into your motion or brief, or use it to make a succinct and persuasive oral argument or objection to the court.
Most evidentiary rulings are within the judge’s discretion, and are made in seconds. Bad rulings are rarely reversible. As a result, you need to bring all your admissibility ammunition to bear at the moment of objection. Rogge Dunn’s Trial Objections increases your firepower with pattern objection language, explanatory comments, tactics for exclusion, arguments for admission, foundational elements, supporting authority, and practice tips for:
- Voir dire
- Opening statements
- Documentary evidence
- Demonstrative evidence
- Hearsay evidence
- Attorney misconduct
- Examination of witnesses
- Closing arguments
- And much more…
Trial Objections explains when and how to make and meet objections more successfully. This quick-reference book covers the full range of objections, complete with more than 100 pattern objections, tactics, forms, suggested responses, necessary foundations, and hundreds of state and federal cases. It also includes a handy quick reference guide.
Each objection is organized by headings to help you quickly find the information you need.
Use these arguments to fight admission of the opposition’s evidence, or to minimize its impact. Included are alternative strategies and what you need to put on the record.
Never let an unforeseen objection catch you flat-footed again. Anticipate, preclude and meet objections with the author’s expert strategies for counter-attack.
Bulleted steps for laying foundations. Frequently included are model questions for trouble-free admission. Use these lists to look for omissions when opposing foundations.
- Pattern Objections
Model language for over 110 objections. Use the language provided… or tailor it to fit your situation. Big headings and logical organization take you to the right objection in seconds.
Author Rogge Dunn explains the application, scope, and purpose of the governing rules. He also offers practical advice based on his decades in the courtroom to help you anticipate possible problems.
- Practice Tips
Elevate your advocacy with the cautions, strategies, and effect of related rules provided here.
Organized by jurisdiction, these federal and state authorities speed trial preparation and help you cite supporting law in the courtroom.
Trial Objections has trial-tested pattern language that gives you a concise statement of almost every objection you might need in court and includes foundation checklists, tactics and the latest cases, which you’ll need for successfully making and defending objections. With this annually-updated, briefcase-sized book, you’ll be prepared for court.
- Index of Objections. A quick-reference to any objection. Simply find the relevant subject area and flip to that section for the objection, case or tactics you need to master the moment.
- An overview of objections in general (§§100-150). This part of the book covers making and timing your motions in limine, making effective motions to strike, curative and limiting instructions complete with samples, and demanding offers of proof.
- Objections during the preliminary stages of trial (§§200-217). This section includes pattern language, tips, tactics and cases for the many possible objections you might need to make during jury selection and opening statement.
- A thorough, detailed section on objections to demonstrative, documentary and hearsay evidence (§§300-366). This material covers all aspects of demonstrative and documentary evidence, and provides you with a wealth of detail on hearsay evidence, hearsay within hearsay, and non-hearsay evidence.
- Objections to witnesses (§§400-456). This section is filled with methods, foundations, and all you’ll need for making and meeting objections based on witness competence. Also included are all the objections you’ll make while opposing counsel is examining the witness. The book goes on to cover objections used to attack the qualifications of an expert witness, use of the expert and/or his testimony. Next, you’ll find complete coverage of protecting and objecting to privileged evidence.
- Attorney and Judicial Misconduct are covered in §§500-533, Attorney and Judicial Misconduct are covered in §§600, Summation and Closing Argument in §700, and Indexes are at the back of the book.
- Forms, explanation, and Jamesforms.com. This section of the book describes the forms included on the enclosed disc and their uses. The forms include motions in limine, jury questionnaires and other pleadings for use at the pre-trial hearing, on the eve of trial and during trial.
Trial Objections is designed to be used when you’re working on a case that goes to trial. Slip it into your briefcase—it weighs less than two pounds and measures only 9×6 inches—and see whether it bolsters your courtroom abilities. You’ll feel better prepared, and more able to defend your position with the tactics, key cases and foundations that support your point.
The book now features all of the forms on an easy-to-use forms disk—over 80 forms in all.
Chapter 1: Introduction
Chapter 2: Preliminaries
Chapter 3: Evidence
Chapter 4: Witnesses
Chapter 5: Misconduct
Chapter 6: Frequent Evidentiary Battles
Chapter 7: Summation
Table of Cases
R. Rogge Dunn is a trial lawyer who loves trying cases. He has litigated complex business, employment, partnership and insurance disputes throughout the country and tried cases to a jury verdict in four states. He has represented clients in disputes arising in Brazil, Canada, Mexico, Scotland, Qatar and throughout the U.S.
From 2003 to the present, Mr. Dunn has been recognized by Texas Monthly as a Texas “Super Lawyer” and by D Magazine as one of the “Best Lawyers in Dallas” from 2003-2006 and 2009-2011. He was also selected as one of the top 100 attorneys in Texas by Texas Monthly in 2008.
Legal and news publications have sought his opinion on legal issues, including: The CBS Evening News, The Wall Street Journal, The New York Times, BBC Radio, MSNBC, U.S. News & World Report, The NBC Today Show, USA Today, The National Law Journal, Texas Lawyer, Entrepreneur Magazine, The American Bar Association Journal, The Dallas Morning News, Court TV Radio, and The Dallas Business Journal. Mr. Dunn regularly appears as a legal commentator for television and radio stations.
Mr. Dunn is one of only 35 attorneys in Texas who is Board Certified in both Civil Trial Law and Labor and Employment Law.
Although approximately two-thirds of his practice involves representing corporate defendants, Mr. Dunn has won settlements and judgments that have netted more than $300 million for his plaintiff clients, including million dollar jury verdicts in Texas, California, Louisiana, and Arkansas.
Two of his closing arguments were recorded for the Million Dollar Arguments audio tape series.
Mr. Dunn was the lead attorney for the subrogating insurance carriers in the New Orleans Fairgrounds racetrack disaster. The $58 million verdict he won in that case stands as the largest products liability verdict in Louisiana history.
Mr. Dunn has tried cases involving wrongful death, employment matters, partnership disputes, industrial property disasters, Qui Tam, products liability, construction issues, whistleblowing, breach of contract, breach of warranty, fiduciary duties and other business disputes. In addition, he has obtained TRO’s, injunctions and other equitable relief in venues throughout the nation.
Mr. Dunn represents corporations, executives, insurance carriers and individuals in a variety of cases involving commercial disputes, employment law, catastrophic subrogation losses, partnership issues, arbitration, class actions, business torts, breach of contract, “business divorce,” shareholder oppression, non-competes, trade secrets, Qui Tam and significant personal injury matters.
Mr. Dunn has represented three of Barron’s Top 100 Wall Street Brokers.
Mr. Dunn received a B.A., cum laude, with Departmental Distinction in English, from Southern Methodist University in 1980. He received a J.D., with honors, from the University of Texas in 1983. At the University of Texas Law School, he served as a Note Editor of the Texas Law Review from 1982-83 and was a member of the Board of Advocates from 1981-83. He clerked for the Honorable Reynaldo Garza of the U.S. Fifth Circuit Court of Appeals from 1983-84.
Mr. Dunn is a prolific active author and speaker. He co-authored the Texas Trial Plans and Forms book published by James Publishing. He also authored the discovery chapter and the forms for Texas Employment Law, a two-volume series published by James Publishing, and serves on its Editorial Advisory Board. He has written more than 20 articles on a variety of legal issues.
Mr. Dunn taught at Southern Methodist University as an Adjunct Professor for 16 years. Mr. Dunn is a partner in the law firm of Clouse Dunn Khoshbin LLP.
Mr. Dunn enjoys discussing trial strategies and evidentiary issues with other trial lawyers. If you ever wish to exchange ideas or case citations, feel free to contact him at (214) 220-0077, by fax at (214) 220-3833 or at firstname.lastname@example.org.
Karen L. Hirschman is a partner at the firm of Vinson & Elkins in Dallas, Texas, and Co-Chair of the Dallas Litigation Section. She specializes in large complex business disputes. She has tried cases in state courts in Texas, and in federal courts in Texas and other states involving antitrust, patent and trade secret, legal and accounting malpractice, business torts and employment discrimination disputes.
Ms. Hirschman received a J.D. with honors from the University of Texas School of Law in 1983. She served as a Note and Research Editor of the Texas Law Review in 1982-1983. She obtained an M.A. from the University of Texas in 1978, and a B.A. from the University of Delaware with high honors in 1973. She clerked for the Honorable Barefoot Sanders, United States District Court for the Northern District of Texas, from 1983-1984.
Ms. Hirschman is a frequent lecturer and speaker at ABA and State Bar seminars. She is active in civic affairs, and is currently serving on the Board of Directors of Young Audiences, a nonprofit organization dedicated to arts education. She also co-chairs the Women’s Career Development Council at Vinson & Elkins.
Ms. Hirschman co-authored the annual updates to Trial Objections through and including the 2005 update.
Michael A. Oropallo has been involved in the litigation and trial of complex civil matters for almost 20 years. Initially concentrating on toxic tort and environmental litigation, for the last 15 years his practice has also involved the litigation of intellectual property cases, such as copyright, trademark, trade secrets and patent matters in federal courts throughout the United States. Mr. Oropallo is a regular speaker and writer on trial tactics and skills and is admitted to the bars of New York and Pennsylvania. He is a partner in the Syracuse office of the law firm Hiscock & Barclay. Mr. Oropallo was a contributing author on the 2006 supplement.
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