Rules of Evidence Summary
A SUMMARY OF THE RULES OF EVIDENCE:
THE ESSENTIAL TOOLS FOR SURVIVAL IN THE COURTROOM
By Vincent DiCarlo
TABLE OF CONTENTS
I. Introduction
II. The Four Types of Evidence
III. General Rules of Admissibility
IV. Real Evidence
V. Demonstrative Evidence
VI. Documentary Evidence
VII. Testimonial Evidence
VIII. Form of Examination
IX. The Lay Opinion Rule
X. Accrediting and Discrediting a Witness
XI. Character Evidence
XII. The Rule Against Hearsay
XIII. Privileges
XIV. Presumptions
XV. Judicial Notice and Other Substitutes for Evidence
XVI. Making and Opposing Objections
XVII. Miscellaneous Other Rules
XVIII. Conclusion
I. INTRODUCTION.
We can only cover the California and federal law of evidence in the short time that we have by a ruthless process of selection and compression. What we will cover can best be thought of as that essential kernel of the law of evidence that the trial lawyer must carry in his head.
Our task would be impossible but for two important facts. First, all of you have studied the law of evidence before, either in a course on evidence or in preparation for the bar exam. Accordingly, most of the rules presented will already be familiar to you. What we will do here is to try to review, organize, and reinforce that law so that you can apply it with confidence when you need it.
Second, most of the rules of evidence need not be covered here because they are either so obvious that you already know all you need to know about them or they apply only in limited circumstances. For example, we would surely be wasting our time if we indulged in an extended discussion of the rule that evidence should be construed to achieve the ends of justice, and others like it. This and many other rules only state the obvious and will not be covered here. Rules that apply only in limited circumstances include ones like those relating to the scope of cross examination of a plaintiff in a case of sexual assault, a juror
THE ESSENTIAL TOOLS FOR SURVIVAL IN THE COURTROOM
By Vincent DiCarlo
TABLE OF CONTENTS
I. Introduction
II. The Four Types of Evidence
III. General Rules of Admissibility
IV. Real Evidence
V. Demonstrative Evidence
VI. Documentary Evidence
VII. Testimonial Evidence
VIII. Form of Examination
IX. The Lay Opinion Rule
X. Accrediting and Discrediting a Witness
XI. Character Evidence
XII. The Rule Against Hearsay
XIII. Privileges
XIV. Presumptions
XV. Judicial Notice and Other Substitutes for Evidence
XVI. Making and Opposing Objections
XVII. Miscellaneous Other Rules
XVIII. Conclusion
I. INTRODUCTION.
We can only cover the California and federal law of evidence in the short time that we have by a ruthless process of selection and compression. What we will cover can best be thought of as that essential kernel of the law of evidence that the trial lawyer must carry in his head.
Our task would be impossible but for two important facts. First, all of you have studied the law of evidence before, either in a course on evidence or in preparation for the bar exam. Accordingly, most of the rules presented will already be familiar to you. What we will do here is to try to review, organize, and reinforce that law so that you can apply it with confidence when you need it.
Second, most of the rules of evidence need not be covered here because they are either so obvious that you already know all you need to know about them or they apply only in limited circumstances. For example, we would surely be wasting our time if we indulged in an extended discussion of the rule that evidence should be construed to achieve the ends of justice, and others like it. This and many other rules only state the obvious and will not be covered here. Rules that apply only in limited circumstances include ones like those relating to the scope of cross examination of a plaintiff in a case of sexual assault, a juror
References: 1. Federal Rules of Evidence. The federal rules are short, and you should read them through, including the notes of the advisory committee and congressional committees. 2. B. Jefferson, California Evidence Bench Book. Many judges consider this treatise to be holy writ. You will see it on many of their benches. 3. B. Witkin, California Evidence. The other leading treatise on California 's law of evidence.