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Effective Introduction of Evidence in California

Effective Introduction of Evidence in California

This authoritative guide to the California Evidence Code includes a timely chapter on electronic and social media evidence and succinctly treats other areas of the code in their own chapters, providing a veritable roadmap to statutory and case law. In Effective Introduction of Evidence in California, highly experienced attorneys take you through the preparation and presentation of evidence, so that you can confidently examine and cross-examine witnesses in civil or criminal trials, hearings, and depositions.

  • Covers all California Evidence Code topics
  • Gives practical guidance in planning and presenting evidence
  • Saves time with sample questions and offers of proof
  • Shows grounds to raise and respond to objections
  • Includes checklists tailored to specific evidence
  • Supports evidentiary presentations with full legal authority
  • Addresses the evolving rules governing electronic and social media evidence, among them:
  • Definitions and general principles governing admission of ESI (Electronically Stored Information) and social media
  • Processes for authenticating ESI, social media, hardware, and software
  • Testimony on ESI and social media evidence: information to elicit, sample questions, use of witnesses
  • Text, instant, and chat room messages
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Table of Contents

    Table of Contents

  • 1. How to Ask Questions
  • 2. Planning Case: Securing Witnesses and Evidence; Witness Preparation; Trial Notebooks
  • 3. How to Combat Objections: In Limine Evidentiary Motions; Bench Conferences; Offers of Proof
  • 4. Laying a Foundation: Preliminary Fact Hearings (Evid C §§402–405)
  • 5. Order of Proof and of Witness Examination
  • 6. Calling Adverse Parties or Witnesses; Recalling or Excluding Witnesses
  • 7. Evidence Offered for a Limited Purpose
  • 8. Accidents: Absence of Similar Ones
  • 9. Accidents: Prior or Subsequent Ones
  • 10. Admissions and Confessions
  • 11. Authentication
  • 12. Books, Maps, Charts, and Treatises: Proving Facts of Notoriety and Interest
  • 13. Business Records
  • 14. Character: Opinion Evidence
  • 15. Character: Reputation Evidence
  • 16. Character: Specific Acts Evidence
  • 17. Commercial Lists and the Like
  • 18. Community History, Public Interest in Property, and Boundaries
  • 19. Credibility
  • 20. Declarations Against Interest
  • 21. Dispositive Instruments and Ancient Writings
  • 22. Dying Declarations
  • 23. Experiments and Scientific Tests
  • 24. Expert Witnesses
  • 25. Family History: Statements, Reputation, and Records
  • 26. Felony Conviction: To Impeach in Civil Trials
  • 27. Prior Convictions: To Impeach in Criminal Trials
  • 28. Former Testimony
  • 29. Habit or Custom Evidence
  • 30. Judgments Offered in Civil Cases
  • 31. Judicial Notice
  • 32. Lay Witnesses: Competence and Qualification
  • 33. Lay Witnesses: Opinion Testimony
  • 34. Lay Witnesses: Rehabilitation
  • 35. Nonhearsay
  • 36. Official Records and Writings
  • 37. Parol Evidence
  • 38. Past Recollection Recorded
  • 39. Physical Evidence
  • 40. Prior Consistent Statements
  • 41. Prior Inconsistent Statements
  • 42. Prior Identifications
  • 43. Privileges and Confidential Communications
  • 44. Refreshing Recollection
  • 45. Relevance
  • 46. Remainder Offered to Explain Part Admitted
  • 47. Secondary Evidence Rule: Copies and Other Evidence to Prove Content of Writing
  • 48. Secondary Evidence Rule: Oral Testimony to Prove Content of Writing
  • 49. Spontaneous and Contemporaneous Statements; Statements by Abuse Victims
  • 50. Statements of State of Mind, Emotion, or Physical Sensation
  • 51. Stipulations; Undisputed Facts
  • 52. Subsequent Repairs or Other Remedial Conduct
  • 53. Wills and Claims Against Estates: Admissible Relevant Statements
  • 54. Electronic and Social Media Evidence

Authors

    Original Authors

  • William H. Armstrong
  • Richard P. Caputo
  • Robert A. Franklin
  • Hon. Holly J. Fujie
  • Donald D. Howard
  • Jan Nielsen Little
  • David E. Malnick
  • E. Stewart Moritz
  • Nancy M. Naftel
  • Update Authors

  • Mahsa Kashani Tippins

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