From December 2003 Update

Abbreviated Contents

1. Objection, Motions & Related Procedures
Principles, Procedures, Pretrial Preparation, In Limine Motions, Motion to Strike, Motion for Mistrial

2. Jury Selection
Party Has Waived Right to Jury Trial, Jury Panel Not Drawn from Representative Cross-Section of
Community, Juror Is Not Eligible for Service or Disabled Juror Has Not Been Accomodated,
Juror Should Not Be Excused for Hardship, Court Has Imposed Unreasonable Restrictions on
Voir Dire by Counsel, Improper Voir Dire by Counsel, Improper Challenge to Individual Juror,
Unconstitutional Exercise of Peremptory Challenges

3. Jury Conduct & Management
Concealing Bias During Voir Dire, Discussing Case, Inattentiveness,
Receiving Information Outside Court

4. Order of Proceedings
Motion for Bifurcation or Separate Trials, Motion to Reopen, Rebuttal Evidence

5. Opening Statement
Arguing Case, Erroneous Matter, Personal Attacks, Injection of Self, Inflammatory Statements,
Failure to Set Forth Claim, Financial or Personal Circumstances, Insurance Coverage,
Settlement Negotiations, Subsequent Repairs

6. Witness Competence
Oath or Affirmation Not Given, Infancy, Mental Impairment, Lack of Personal Knowledge,
Drug-Induced or Hypnotically Refreshed Testimony, Judge or Juror or Attorney as Witness

7. Witness Examination
Improper Leading Question, Calls for Narrative Response, Argumentative, Beyond Scope of Prior
Testimony, Asked and Answered, Assumes Facts Not in Evidence, Answer Is Nonresponsive,
Ambiguous or Confusing or Vague Question, Compound Question

8. Relevance & Prejudice
Irrelevant Evidence, Proof of Preliminary Facts to Establish Relevance,
Relevant Evidence is Prejudicial or Time Consuming or Likely to Confuse or Mislead Jury

9. Hearsay
Hearsay, Hearsay within Hearsay, Admissions, Declarations Against Interest,
Prior Statements of Witness, Spontaneous or Contemporaneous or Dying Declarations,
Statement of Mental or Physical State, Business Records, Official Records, Former Testimony

10. Privileges
Self-Incrimination, Attorney-Client, Attorney Work Product, Physician-Patient,
Psychotherapist-Patient, Privilege Not to Testify against Spouse,
Confidential Marital Communications, Clergy-Penitent, Sexual Assault Victim-Counselor,
Official Information and Informant Identity, Other Privileges

11. Character & Habit
Character or Reputation, Habit or Custom

12. All Physical Evidence
Lack of Foundation, Exhibition of Person to Show Injury or Body Condition,
Jury View of Premises or Scene of Incident

13. Photographs, Recordings & X-Rays
Photographs and X-Rays, Videotapes and Motion Pictures, Sound Recordings

14. Documents
Authentication, Secondary Evidence, Public and Business Documents and Records

15. Parol Evidence

16. Demonstrative Evidence
Charts, Diagams, Graphs or Maps; Models; Demonstrations, Simulations,
Recreations or Experiments

17. Expert Witnesses
Lack of Qualification, Province of Court and Jury, Inappropriate Hypothetical Question,
Scientific Evidence, Lay Opinion

18. Alternative Methods of Proof
Taking Judicial Notice Is Improper, Applying Presumption Is Improper, Testimony Inconsistent with
Admissions, Testimony Inconsistent with Stipulation

19. Disqualification of Judges & Judicial Conduct
Court's Comments on the Evidence, Conduct or Comments Showing Bias or Prejudice,
Disparaging Counsel, Examining Witnesses

20. Attorney Conduct
Arguing Objections in the Jury's Presence, Failure to Comply with Ruling or Order,
Attacking Counsel or Party or Witness, Improper Comment, Presenting Material Not in Evidence

21. Closing Argument
Matters Not in Evidence, Demonstrative Materials Not in Evidence, Commenting on Failure to
Testify or Produce Evidence, Injecting Self or Personal Belief, Vouching for Witness Credibility,
Misstating the Law, Personal Attacks, Racial or Political or Religious Comments, Wealth or
Poverty or Self-Interest, Collateral Sources, Settlement, Personal Reference to Juror

22. Submission to Jury & Deliberations
Improper Communications with Jury, Improper Response to Request for Evidence,
Improper Response to Request for Instructions, Coercion of Deadlocked Jury, Juror's Failure to
Follow Instructions, Juror's Inability or Refusal to Deliberate, Consideration of Information from
Outside of Court, Improper Experiments by Jury