Effective Introduction of Evidence in California 2024

Published October, 2024

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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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