Laying Foundations and Meeting Objections: Section 4 - Illustrative Documents
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Narrated by:
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David Marantz
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Romy Nordlinger
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By:
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Deanne Siemer
About this listen
Illustrative documents may face challenges based on the requirements of the rules with respect to authentication. The key to admissibility of representational or illustrative documents is the degree of fairness and accuracy with which they represent the "real" thing - that is, the place, organization, object, or other thing being illustrated. This book shows how to establish the needed foundation and to protect against objections.
©2013 National Institute for Trial Advocacy (P)2015 Deanne SiemerListeners also enjoyed...
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Text document exhibits are subject to the largest number of specialized evidentiary rules. The easiest way to deal with these rules is to consider first the general category into which the exhibit falls: It is either: an original, an exact duplicate with no markings that are not on the original, a "nonconforming" copy that has some markings that are not on the original, a summary of voluminous documents, or an email or other digital file.
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Overall
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Performance
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Story
Text document exhibits are subject to the largest number of specialized evidentiary rules. The easiest way to deal with these rules is to consider first the general category into which the exhibit falls: It is either: an original, an exact duplicate with no markings that are not on the original, a "nonconforming" copy that has some markings that are not on the original, a summary of voluminous documents, or an email or other digital file.
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Performance
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Story
This book covers important general requirements for the use of exhibits in pretrial motions. For example, summary judgment motions often have exhibits attached that support substantive arguments about issues in the case.
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- By: Deanne Siemer
- Narrated by: David Marantz
- Length: 1 hr and 53 mins
- Unabridged
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Overall
-
Performance
-
Story
In evidentiary terms, the next best thing to seeing the object or the scene itself, or hearing a witness who was at the scene is a recording of some kind that accurately reproduces the "real thing". The authenticity or trustworthiness of many of these exhibits must be established under Federal Rule 901(b)(9) or the state equivalent that applies to processes or systems. The output from equipment can be qualified by testimony that the process or system produces an accurate result.
-
-
The examples given are amazing for lawyers needing to improve on trial evidence.
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- By: Deanne Siemer
- Narrated by: David Marantz, Romy Nordlinger
- Length: 33 mins
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Overall
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Performance
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Story
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By: Deanne Siemer
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- Narrated by: David Marantz, Romy Nordlinger
- Length: 1 hr and 25 mins
- Unabridged
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Overall
-
Performance
-
Story
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By: Deanne Siemer
-
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- Unabridged
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Overall
-
Performance
-
Story
You can get almost any exhibit admitted in evidence by following a few straight forward guidelines that are explained here. The easiest way to explain how to qualify exhibits is to use excerpts from transcripts - the actual questions asked and answers given - in a proceeding in which an exhibit similar to yours was put into evidence successfully. Each point in this guidance is explained this way. By using these examples, you have the structure for your deposition or trial notes.
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