Table of Contents
Foreword vii
Introduction to the Third Edition ix
Introduction to the Second Edition xi
Introduction to the First Edition xiii
About the Authors xv
Part 1 Direct Examination 1
Chapter 1 Recollection 3
A Present Recollection Revived 5
B Past Recollection Recorded 9
C Identifications, Judicial and Extrajudicial 14
Chapter 2 Documents 23
A Private Writings 25
B Business Records 31
C Copies of Business Records 38
D Computer-Generated Evidence 40
E E-mail Chains/Strings 45
F Law Enforcement Reports 50
G Police Accident Reports 53
H Public Records 57
i Certified 57
ii Uncertified 59
I Hospital Records 61
J Medical and Repair Bills, Paid and Unpaid 66
Chapter 3 Best Evidence or Original Document Problems 69
A Duplicates—Photographic Copies 70
B Use of Secondary Evidence 73
C Use of Secondary Evidence Establishing the Contents of a Document by Oral Evidence 75
Chapter 4 Demonstrative and Real Evidence 79
A Photographs 81
B Video Recording Evidence 85
C Computer Animation 90
D Computer Simulation 94
E Digital Images 99
F Diagram Not to Scale 104
G Diagram to Scale 107
H Model of Accident Scene 108
I Anatomical Model 109
J Charts or Summaries 111
K Tangible Objects 115
Chapter 5 Opinions of the Lay Witness 119
A Lay Opinion, Generally 121
B Value of Personal Property 125
C Value of Real Property 129
D Handwriting Identification 132
E Voice Identification—Lay Witness 136
F Intoxication—Lay Witness 140
Chapter 6 Opinions of the Expert 143
A Qualifying the Expert 145
B Introduction of Expert Testimony in Federal Court 152
C Direct Observation—Treating Physician 160
D Direct Observation—Nontreating Physician 168
E Expert Opinion—Based on Inadmissible Facts and Data 171
F Expert Opinion without Disclosure of Data Underlying Opinion 175
G The Long Form—Hypothetical 177
H The Short Form—Hypothetical 180
I Expert Witness—Handwriting Comparison 182
J Examination of Psychiatrist to Establish Insanity Defense 185
K Opinion of Appraiser to Establish Fair Market Value of Real Estate 188
L Direct Examination of a Physician Using Medical Text as Authority 192
Chapter 7 Character, Habit, and Custom 195
A Character as a Material Proposition or Essential Element in a Civil Case 197
i Reputation 197
ii Opinion 203
iii Opinion with Specific Instance 205
iv Specific Instances 206
B Character of Accused—Reputation Method 207
C Character of Accused—Opinion Method 210
D Evidence of Good Character and Conduct of a Witness 211
E Habit, Usual Method of Practice 214
F Routine Practice (Custom) in Business 218
G Custom and Usage 221
Chapter 8 General Interest 223
A Immunizing the Witness 225
B Present Sense Impression and Excited Utterance 226
C Dying Declaration 230
D Subsequent Remedial Measures 232
E Initial Examination of a Child 235
F Lift of Stay Examination 237
G Examination of Creditor on the "Ordinary Course of Business" Exception to Preferential Transfer 241
H Examination of Debtor to Declare Debt Nondischargeable 245
Part 2 Cross-Examination and Redirect 251
Chapter 9 Prior Inconsistent Statement; Use of Textbooks 253
A Extrinsic Evidence of Prior Inconsistent Oral Statements 255
B Examination of Witness on Prior Inconsistent Written Statement 260
C Cross-Examination Utilizing Authoritative Treatises and Textbooks 263
D Cross-Examination of a Character Witness 265
Chapter 10 Redirect 271
A Rehabilitation, Use of Prior Consistent Statement 272
Part 3 Use of Discovery Devices in Trial 275
Chapter 11 Depositions 277
A Impeachment 278
B Adverse Party 281
C Witness Not Available 283
Chapter 12 Interrogatories 285
A Use in Court 286
B Impeachment 286
Index 289
