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New to the Tenth Edition:
New coverage of FRE 106’s “rule of completeness,” by which if one party introduces all or part of an oral or written statement, the adverse party may require the immediate introduction of any other part (or any other statement) that in fairness “ought to be considered at the same time.” The Rule also says that the adverse party may introduce the other material “over a hearsay objection.”
Greater coverage of FRE 801(d)(2)(B)’s hearsay exclusion for adoptive admissions, by which a proponent can offer against an adverse party a statement made by a third person, if the proponent shows that the adverse party “manifested that it adopted [the third person’s statement] or believed [it] to be true.” In particular, we’ve expanded our discussion of situations where the proponent claims that the adverse party’s silence in the face of the third person’s statement manifested the party’s adoption of the statement.
Extended coverage of Rule 803(2)’s hearsay exception for excited utterances, construed by courts to include the requirement that the proponent must show that the declarant personally observed the incident.
Updated discussion of a special problem that arises in connection with Rule 803(8)(A)’s “public records” exception. Rule 803(8)(A)(ii) expressly says that the public records exception cannot be used by the government to introduce against criminal defendant a report of a “matter observed by law-enforcement personnel” (e.g., a report prepared by a prosecution-controlled lab). But we discuss the controversy about whether this prohibition also prevents such a public report from being admitted under another exception for which it qualifies (e.g., the exception for business-records, for past-recollection-recorded, or for the residual “catch all”).
Discussion of a 2023 amendment to Rule 702 on expert testimony, adding the requirement that the expert’s opinion must “reflect[] a reliable application of the principles and methods [used by the expert] to the facts of the case.”
Table of Contents Table of Checklists Preface Casebook Correlation Chart Capsule Summary
1. BASIC CONCEPTS 2. RELEVANCE 3. CIRCUMSTANTIAL PROOF: SPECIAL PROBLEMS 4. EXAMINATION AND IMPEACHMENT OF WITNESSES 5. HEARSAY 6. EXCEPTIONS TO THE HEARSAY RULE 7. CONFRONTATION AND COMPULSORY PROCESS 8. PRIVILEGES 9. REAL AND DEMONSTRATIVE EVIDENCE, INCLUDING WRITINGS 10. OPINIONS, EXPERTS, AND SCIENTIFIC EVIDENCE 11. BURDENS OF PROOF, PRESUMPTIONS, AND OTHER PROCEDURAL ISSUES 12. JUDICIAL NOTICE
Multistate-Style Exam Questions Answers to Multistate-Style Exam Questions Table of Cases Table of References to the Federal Rules of Evidence Subject Matter Index
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