From November 2003 Update

Abbreviated Contents

1. Procedures
Presentation and Admissibility, Procedure, Motions in Limine, Offers of Proof, Motions to Strike,
Curative and Limiting Instructions, Motions for Mistrial

2. Jury Selection
Governing Law, Participants, Procedure, Examining the Panel, Challenges, Arguing the Case,
Legal Matters, Repetitiveness, Indoctrinating Jury, Discriminatory Use of Peremptory Challenges

3. 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, Repairs

4. Relevance & Materiality
Discretion, Balancing, Limited Purposes

5. Confusing, Prejudicial & Bolstering
Ambiguous, Compound, Prejudicial, Self-Serving, Bolstering

6. Hearsay
Hearsay, Hearsay within Hearsay, Former Testimony, Declarations Against Interest,
Dying Declaration, Pedigree, Prior Inconsistent Statements, Past Recollection Recorded,
Admissions, Business Records, Public Documents, State of Mind, Excited Utterance

7. Privileges
Self-Incrimination, Attorney Work Product, Physician-Patient, Husband-Wife, Clergyman, Reporter,
Therapist, Social Worker, Accountant, Rape Crisis Counselor, Counselor of Victim of Violent Crime,
Interpreter, Voter, Testifying While Proceedings Are Broadcast, Unemployment Records,
Insurance Compliance Self-Evaluation Audit, Environmental Audit, Medical Studies Act,
Attorney-Client, State Secrets, Informant

8. Witness Competence
Absence of Oath, Lack of Personal Knowledge, Immaturity, Mental Incompetency, Intoxication,
Dead-Man's Act

9. Witness Examination
Leading Questions, Narrative, Argumentative, Beyond Scope of Direct Testimony,
Prior Criminal Convictions, Asked and Answered, Assuming Facts Not In Evidence, Unresponsive,
Conclusion or Opinion Sought, Opinion as to Another's State of Mind

10. Character & Habit
Character, Habit

11. Science, Opinion & Experts
Lack of Qualifications, Lack of Adequate Basis, Opinion Based on Hearsay, Ultimate Issue,
Inappropriate Hypothetical Question, Scientific Testimony, Identification Evidence

12. Documents
Best Evidence Rule, Public Documents and Records

13. Photographs, Recordings & X-Rays
Photograph, Videotape or Motion Picture, Sound Recording, X-Ray and Other Medical
Diagnostic Imaging Tests

14. Real Evidence
Chain of Custody, Exhibition of Person to Show Injury or Body Condition,
Viewing Premises or Scene of Accident

15. Demonstrative Evidence
Charts, Diagrams, Graphs, Maps, Models, Demonstrations, Simulations, Re-creations, Experiments

16. Parol Evidence

17. Discovery Material
Depositions: Testimony Excluded by Rule of Evidence, Deposition Taken Over Objection of
Inadequate Notice, Officer Disqualified, Transcript Not Properly Authenticated,
Testimony Not of Officer, Witness Is Not Unavailable, Deposition Not Inconsistent with Trial
Testimony and Cannot Be Used to Impeach, Witness Not Given Opportunity to Deny or Explain,
Witness' Memory Not Exhausted, Other Discovery Methods: Interrogatory Answer to Which
Timely Objection Made Cannot Be Used at Trial, Evidence Is Contrary to Admitted Facts,
Medical Examiner's Testimony Should Be Excluded

18. Judicial Notice, Presumptions, Admissions
Judicial Notice, Presumptions, Admissions, Evidentiary Sanctions, Stipulations,
Res Judicata & Collateral Estoppel, Judicial Estoppel

19. Attorney Conduct
Arguing Objections in the Jury's Presence, Failure to Comply with Ruling or Order, Improper Comment,
Presenting Material Not in Evidence, Concealing or Destroying Evidence, Improper Representation

20. Judicial Conduct
Conducting Jury Selection, Court Comments, Embarrassing Counsel, Examining Witness

21. Closing Argument
Matters Not in Evidence, Demonstrative Materials Not in Evidence, Commenting on Failure to Testify,
Injecting Self or Personal Belief, Vouching for Witness Credibility, Reading or Arguing Law,
Personal Attacks, Racial or Political or Religious Comments, Wealth or Poverty or Self-Interest,
Collateral Sources, Settlement, Specific Damage Award, Unit of Time as Measure of Damages
(Per Diem Argument)

22. Submission to Jury
Jury Instructions, Jury Questions and Read-Back Requests