| TABLE OF CONTENTS | |
| A | |
| Argumentative | 3 |
| Asked and Answered | 4 |
| Assuming Facts Not in Evidence | 5 |
| Authentication of Physical Evidence | 7 |
Authentication: Voice—Telephone Conversations,
Tape Recordings | 11 |
| B | |
| Best Evidence Rule | 14 |
| Beyond the Scope | 17 |
| C | |
| Chain of Custody | 20 |
Character Witness: Hypothetical Question
Assuming Guilt | 23 |
| Closing Argument | 25 |
| Compound Question | 31 |
| Continuing Objection | 33 |
| Cumulative | 35 |
| Curative Instructions | 36 |
| D | |
| Discovery Rules: Failure to Comply (Civil Cases) | 38 |
| Discovery Rules: Failure to Comply (Criminal Cases) | 43 |
| E | |
Evidence Excluded By Statute: Classified
Information Procedures Act | 47 |
Evidence Excluded By Statute: Federal Highway
Safety Act | 49 |
Evidence Excluded By Statute: Federally
Authorized Tax Practitioners | 51 |
Evidence Excluded By Statute: National
Transportation Safety Board ("NTSB") Reports | 52 |
| Expert Witness: Assessing Credibility Prohibited | 54 |
| Expert Witness: Competence to Testify | 57 |
| Expert Witness: Legal Opinion | 61 |
| Expert Witness: Requisite Degree of Certainty | 64 |
| Expert Witness: Testimony Based in Part on Hearsay—Conduit Witness | 67 |
| Expert Witness: Ultimate Issue | 70 |
| H | |
| Habit/Routine Practice | 73 |
| Hearsay: Author's Note—Confrontation—Criminal Cases | 76 |
| Hearsay: Generally | 80 |
| Hearsay: Multiple Hearsay | 86 |
Hearsay Exemption: Admission—Party's Own
Statement | 89 |
| Hearsay Exemption: Adoptive Admission | 93 |
| Hearsay Exemption: Admission By Agent | 96 |
| Hearsay Exemption: Admission By Coconspirator | 101 |
Hearsay Exemption: Admission—Persons
Authorized to Speak | 106 |
| Hearsay Exception: Ancient Documents | 109 |
| Hearsay Exception: Business Records | 111 |
| Hearsay Exception: Dying Declaration | 117 |
| Hearsay Exception: Excited Utterance | 120 |
| Hearsay Exception: Forfeiture By Wrongdoing | 124 |
| Hearsay Exception: Former Testimony | 127 |
| Hearsay Exception: Learned Treatise | 133 |
Hearsay Exception: Market Reports, Commercial
Publications | 136 |
| Hearsay Exception: Personal or Family History | 138 |
| Hearsay Exception: Present Sense Impression | 141 |
| Hearsay Exemption: Prior Consistent Statement | 144 |
| Hearsay Exception: Public Records and Reports | 149 |
| Hearsay Exception: Recorded Recollection | 155 |
Hearsay Exception: Reputation Concerning
Boundaries or General History | 159 |
| Hearsay Exception: Residual Exception | 161 |
| Hearsay Exception: Statement Against Interest | 167 |
Hearsay Exception: Statements For Purposes of
Medical Diagnosis or Treatment | 173 |
Hearsay Exception: Statements In Documents
Affecting an Interest in Property | 177 |
Hearsay Exception: Then Existing Mental,
Emotional Condition (State of Mind) | 179 |
Hearsay Exception: Then Existing Physical
Condition | 185 |
| I | |
| Impeachment: Bias, Interest, Motive | 187 |
| Impeachment: Credibility—Specific Conduct | 190 |
| Impeachment: Prior Convictions | 194 |
| Insurance | 200 |
| J | |
| Judge's Questions | 202 |
| Judgment as a Matter of Law—Motion | 205 |
| Judicial Admissions | 207 |
| Judicial Notice | 210 |
| Juror Questioning | 215 |
| Jury Instructions | 217 |
| L | |
| Lay Witness Opinion | 220 |
| Leading Question | 223 |
| Legal Conclusion | 226 |
| Limiting (Cautionary) Instructions | 228 |
| M | |
| Mistrial—Motion | 230 |
| Motion To Strike | 233 |
| N | |
| Non-Responsive Answer | 235 |
| O | |
| Offer Of Proof | 237 |
| Opening the Door: Curative Admissibility | 240 |
| Opening Statement | 243 |
| Other Crimes, Wrongs or Acts | 246 |
| Other Sexual Behavior | 254 |
| P | |
| Parol Evidence Rule | 260 |
| Personal Knowledge | 263 |
| Photographs | 265 |
| Polling the Jury | 269 |
| Polygraph | 271 |
| Pretrial Experiments | 274 |
| Privilege: Attorney—Client | 276 |
| Privilege: Clergy | 282 |
| Privilege: Confidential Informer | 284 |
| Privilege: Deliberative Process | 287 |
| Privilege: Husband and Wife | 291 |
| Privilege: Journalist | 295 |
| Privilege: Military and State Secrets Privilege | 298 |
| Privilege: Psychotherapist—Patient | 300 |
| Privilege: Self—Incrimination | 303 |
| R | |
| Refreshing Present Recollection | 310 |
| Relevance | 314 |
| Religious Belief | 319 |
| Reopening the Case—Motion | 321 |
| Repetition | 324 |
Rule of Completeness (Remainder of or Related
Writings or Recorded Statements) | 326 |
| S | |
| Sequester Witnesses—Motion | 329 |
| Sequestration: Violation of Order | 332 |
| Settlement: Offers to Compromise | 334 |
| Speculation | 338 |
| Subsequent Remedial Measures | 340 |
| Summaries | 344 |
| U | |
| Unfair Prejudice | 347 |
| V | |
| Vague and Ambiguous Question | 350 |
Voir Dire of a Witness (As to Admissibility of
Testimony or Demonstrative Evidence) | 351 |
| APPENDIX | |
| Federal Rules of Evidence | 353 |