The California Evidence Manual reflects the tremendous experience of Justice Mark B. Simons. After more than 25 years of experience as a trial lawyer and trial judge, Justice Simons was appointed to the California Court of Appeal in 2001. Justice Simons taught evidence at Hastings College of the Law from 2002 to 2004 and has taught evidence to new judges at the annual B.E. Witkin Judicial College since 1995. He frequently teaches the subject to judges’ and lawyers’ groups.
This resource provides a concise and practical discussion on a wide range of evidence issues, including the definition of hearsay and its exceptions, uncharged misconduct, the foundational requirements for admitting writings, and many other topics. This book is designed to assist veteran trial lawyers and novice litigators, providing a straightforward analysis of common evidentiary issues, insights into emerging evidence trends, and a comprehensive discussion of California evidence rules, arranged thematically.
- A complete Evidence Code with the accompanying official commentary in an appendix
- Comment and Warning sections that alert the reader to complexities in the law and avoidable pitfalls
- Coverage of relevancy, burdens of proof, and presumptions
- Insights into proper witness examination and cross-examination
- A discussion of the rules on admitting expert and lay opinion testimony
- An analysis of the extrinsic policies that lead to the exclusion of evidence
- An in-depth consideration of privileges and judicial notice
- Comprehensive instruction on using writings at trial