Trial Objections

Description

Admit Your Evidence and Exclude or Minimize Theirs

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
• Privileges
• 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.

• 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.
• Response
  Never let an unforeseen objection catch you flat-footed again.  Anticipate, preclude and meet objections with the author’s expert strategies for counter-attack.
• Foundation
  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.
• Comments
  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.
• Foundation
  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 and explanation. 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 provides access to digital forms via an emailed zip file—over 80 forms in all.

REVISION 28 HIGHLIGHTS

The 2023 edition of Trial Objections will help you get your evidence in and keep your opponent’s evidence out. Author Rogge Dunn has added 100+ new case notes throughout the book, covering evidence and objections related to the following topics and more:

PRELIMINARIES

• Arguing the Case
• Indoctrinating the Jury
• Legal Matters
• Repeating Voir Dire
• Researching Potential Jurors via Social Media
• Appeals to Sympathy and Prejudice
• Unsupported Matter

EVIDENCE

• Real Evidence
• Documentary Evidence
• Best Evidence Rule
• Summary of Original
• Audiotape, Videotape, or Motion Picture

MISCONDUCT

• Improper Witness – Codefendant
• Judicial Misconduct
• Judges and Social Media
• Spoliation of Evidence
•  With Third Parties & Via Social Media

WITNESSES

• Competence of Witness
• Conviction
• Argumentative
• Privilege: Husband-Wife

SUMMATION

• Failure to Testify
• Personal Belief
• Wealth or Poverty

And More!

ABBREVIATED TABLE OF CONTENTS

1. Introduction
2. Preliminaries
3. Evidence
4. Witness
5. Misconduct
6. Frequent Evidentiary Battles
7. Summation

ABOUT THE AUTHOR

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, and repeatedly selected as one of the top 100 attorneys in Dallas.

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 awards 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 four of Barron’s Top 100 Wall Street Financial Advisors.

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 authored the Triple Threat Discovery book distributed by James Publishing. 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 18 years. Mr. Dunn is a partner in the law firm of Clouse Dunn LLP.