Product Description
Most evidentiary rulings are within the judge’s discretion, and are made in seconds. Bad rulings are almost never reversible. As a result, victory usually goes to the lawyer who can prevail on the big objections in the heat of battle.
The key to winning evidentiary debates is objecting and responding with arguments and supporting authority at your fingertips. That is where Judge Gregory Ward (Ret.) and Audra Ibarra’s California Objections can help.
It uses a courtroom-friendly format to cover more than 125 objections with clear and concise explanations, trial-tested tips, persuasive arguments, and supporting cases.
Designed for Eve-of-Trial and Courtroom Use
When time is short, California Objections delivers quickly with:
- Pattern Objections — Model language for 125 objections. Big headings and logical organization take you to the right objection in seconds.
- Comments —The application, scope, and purpose of the governing rules in straightforward language.
- Practice Tips — Elevate your advocacy with the cautions, strategies, and advice from the bench offered here.
- Responsive Arguments — Never let an unforeseen objection catch you flat-footed again. Anticipate, preclude, and meet objections with the authors’ expert strategies for counter-attack.
- Objection Tactics — 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.
- Case Law — These concise summaries speed trial preparation and help you cite supporting authority in your briefs and in the courtroom.
1,800 Recent Cases
Ideally suited to the demands of trial and last-minute trial preparation, California Objections provides a time-saving alternative to lengthy treatises. Its concise but well-supported text puts the rules and cases at your fingertips. And its practical orientation guides you through the realities of evidentiary battles.
Covers All Important Objections
California Objections is more than an evidence book. In addition to evidentiary objections, you’ll find objections to jury selection, opening statement, closing argument, jury charges, judicial conduct and more. Coverage of all significant trial objections—from jury selection through directed verdict—gives California Objections vastly greater practical value than an evidence-only book.
Delivers More Than Objections
The scope and breadth of California Objections far exceeds the mechanics and arguments of making and meeting objections. Rules, definitions, distinctions, scope, weight, advice from the bench, examples, and procedures are provided for key evidentiary issues. Principles are extensively supported with case authority, and the underlying scholarship will impress you.
From pretrial proceedings through expert testimony to summation, the practical coverage in this new trial practice book will quickly earn its inexpensive keep.
Don’t let opposing counsel’s objections block the admission of your critical evidence. And don’t be caught unprepared when opposing counsel offers evidence you could obstruct—if you made the proper objection.
Your case is set for trial. Your evidence is lined up, and your witnesses are ready. Are you? Do you know the rules of evidence and procedure so that you can seamlessly present your case and object to your opponent’s evidence confidently and without hesitation? California Objections will ensure you are battle-ready.
REVISION 15 HIGHLIGHTS
The new edition of California Objections: Civil and Criminal brings you:
New Rules of Professional Conduct. Chapter 20 Attorney Conduct covers new rules on conflicts of interest; duty of candor toward tribunal; fairness to opposing party and counsel; and contact with judges, employees, and jurors.
Making a record of oral proceedings. In most courts, you now have to make your own arrangements for a court reporter. New material in Chapter 1 Objections, Motions, and Related Procedures discusses the statutes and rules regarding court reporters and the importance of checking court policies.
More than 100 new case citations on these and other topics:
Jury Selection (Ch 2)
- No right to jury trial on amount of civil penalties under Unfair Competition Law.
- Complete deprivation of right to jury trial compels reversal in criminal cases.
- When judge must permit supplemental time for voir dire.
Jury Conduct and Management (Ch 3)
- Discharge of juror before verdict is rendered.
- Challenging juror misconduct after a verdict.
- Juror’s receipt of outside information about case.
Order of Proceedings (Ch 4)
- Considerations for courts when imposing time limits on trial proceedings.
- Prosecution’s obligation to disclose rebuttal witnesses.
- Amendment of answer during trial to assert new affirmative defense.
Witness Examination (Ch 7)
- Criminal defendant’s waiver of right to be present during trial.
- Right to re-cross examination; is there one?
- Showing writing used to refresh witness’ recollection to jury.
Hearsay (Ch 9)
- Testimony of content of text message was not hearsay.
- Admission of non-testimonial statements of a codefendant.
- Admissibility of statements of an unavailable witness.
- Statements of a human trafficking victim admitted against the trafficker under the co-conspirator exception.
- Non-testimonial statements of a codefendant that implicate the defendant.
- Whether a prior identification has tainted witness’ ability to identify a defendant.
- Elements of the published compilation exception, publication, use and reliability requirements.
Character and Habit (Ch. 11)
- Admission of prior similar incidents to show intent.
- Evaluating the probative value of the evidence of prior domestic violence.
- Evidence that a defendant planned to commit a crime as evidence the defendant later committed that crime.
Documents (Ch. 14)
- Testimony of a witness with general knowledge of computer system to authenticate a recording downloaded from the computer.
- Testimony as to content of deleted sexually explicit text messages.
- Production of numerous witness statements, police reports, and diagrams for 1st time at trial.
Alternative Methods of Proof (Ch. 18)
- Estoppel in land use matters.
- Defendant not equitably stopped from recouping miscalculated pension payments.
Submission to Jury (Ch. 22)
- Failure to instruct jury on alternate theory of crime.
- When pinpoint instruction is required.
- When instruction on lesser included offense is required
- When instruction on defendant’s failure to testify is required
- Instructing jury to return to deliberations when they are unable to reach a verdict.
- Evaluating evidence of juror misconduct.
- Inconsistent and ambiguous verdicts.
