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This work is written for lawyers and district judges who try cases in Texas courts. It is a trial book, designed to ease the task of dealing with evidence issues under the time constraints and pressures that trials, especially jury trials, place on all participants. The authors emphasize the proper techniques for presenting and objecting to evidence at trial. Common evidence issues are arranged by the order of the Texas Rules of Evidence. Lawyers in both civil and criminal trials should be able to turn quickly to the correct section of this book dealing with any evidence issue that arises during trial. They will find guidance as to who bears the burden of proof on the issue, what the judge’s role is, and what type of finding for the record they might request. Judges will find similar guidance and will also find proposed findings that can help them make a solid record, and limiting instructions that can enable them quickly and accurately to instruct a jury in most cases This book focuses on the mechanics of how lawyers and judges must deal with evidence issues as they arise at trial and is a highly practical work that is intended to be on counsel tables and judges’ benches during trials. • Governing Rules The discussion of each evidence issue begins with a section on “Governing Rules.” This section gathers the rules that interrelate in one place and highlights the portions of the rules that are most likely to be important. • Key Points The second section is entitled “Key Points.” This section identifies important aspects of the governing rules, offers strategic suggestions on how lawyers may best use the governing rules, and suggests points judges may want to emphasize. • Sample Objections The third section includes sample objections and guidance on making objections at trial. • Rulings on the Record, Offers of Proof, and Limiting Instructions The fourth section suggests language that judges may use in making rulings and instructing juries and also recommends that lawyers consider requesting certain rulings on the record. It also suggests how offers of proof might be made and limiting instructions for all of the issues discussed. • Rules of Evidence The Appendices include the full text of the Texas Rules of Evidence and several important provisions from the Texas Code of Criminal Procedure that are cited in the text.
Texas Trial Procedure and Evidence addresses the common issues that arise throughout the various phases of trial, starting with final pretrial hearings, progressing through jury selection, opening statements, direct examinations, cross examinations, the court charge conference, closing arguments, deliberations, verdict, post-trial motions, judgment and post-judgment motions in the trial court. The special rules governing bench trials, expedited trials and justice court trials are covered.
Texas Rules of Evidence Manual provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom. This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law." Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate. One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.
Irish Law Based on the 6th edition of Professor Imwinkelried's authoritative American text, Evidentiary Foundations, and amended for the Irish market, this title is a practical guide which explains how the various evidentiary doctrines are applied on a daily basis in the Irish courts. Combining discussion of law and practice, the authors outline a step-by-step approach to laying the necessary foundations for the introduction of items of evidence. Using hypothetical examples, the title illustrates how the substantive rules of evidence convert into concrete lines of questioning in the courtroom. This is the first book of its kind on the Irish market and will provide invaluable practical guidance for practitioners and students of the law of evidence.
Military Rules of Evidence Manual, Fourth Edition is the only publication of its kind available to both military & civilian attorneys that analyzes what the Rules say & mean to judges & counsel in the military justice system. It also serves as an authoritative case finder. Since the Rules became effective in 1980, this book has been cited hundreds of times by the military courts. This Fourth Edition provides notes to virtually every military case that has interpreted or applied the Rules.
Small enough to carry to the courtroom or classroom, this handy 4-by-6 inch guide: Lists objections alphabetically, with thumb tabs for quick reference; Follows each objection with accurate responses; Cross-references the relevant Texas rules; Offers practice tips crucial to understanding each objection; Reproduces the entire Texas Rules of Civil Evidence