Commentary on the Law of Evidence, 2d (Vols. 2-3A, Oklahoma Practice Series)

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Commentary on the Law of Evidence constitutes a commentary on the entire body of Oklahoma evidence law, including both the evidentiary subjects embraced within the Oklahoma Evidence Code and those governed exclusively by caselaw. The content is arranged topically, is textual in nature, and contains critical analysis of the statutory and decisional law regarding all aspects of Oklahoma evidence. Editorial features include:

• Table of statutes

• Table of court rules

• Table of cases

Summary of contents
Replacement pages

VOLUME 2
1. Introduction
  1. The Nature of Adjudication
  2. Evidence Reform, the Oklahoma Evidence Code, and Its Impact on the Common Law
  3. Proceedings in Which the Oklahoma Evidence Code Applies
2. Judicial Notice
  1. Judicial Notice Defined and Distinguished
  2. Judicial Notice of Law
  3. Judicial Notice of Facts
  4. Procedure for Taking Judicial Notice and Its Effect
3. Proof and Presumptions
  1. Proof
  2. Presumptions
4. Procedures Governing the Admissibility of Evidence
  1. Order for Presenting Evidence at Trial
  2. Objecting and Ruling on the Admissibility of Evidence
  3. Deciding Preliminary Questions in Ruling on the Admissibility of Evidence
  4. Limited Admissibility and Completeness of Writings
5. Relevancy
  1. The Threshold Questions of Relevancy Versus Unfair Prejudice
  2. Character
  3. Habit and Routine Practice
  4. Other Occurrences and Transactions
  5. Subsequent Remedial Measures
  6. Compromises
  7. Liability Insurance
6. Real and Demonstrative Evidence
  1. The Foundational Requirement for Admissibility
  2. The Various Types and Uses of Real and Demonstrative Evidence
  3. Writings and the Original Writing Rule
7. Testimonial Evidence
  1. The Competency of Witnesses
  2. Firsthand Knowledge and the Opinion Rule
  3. Experts and the Use of Specialized Knowledge
8. The Hearsay Rules and Its Exceptions
  1. The Rationale, Nature and Structure of the Hearsay Rules and Its Exceptions
  2. The Hearsay Rules and Its Applications
  3. Statements Defined as Non-Hearsay
  4. Exceptions to the Hearsay Rule: Availability of the Declarant Immaterial
  5. Exceptions to the Hearsay Rules: Unavailability of the Declarant Required
  6. Exceptionally Trustworthy Hearsay
VOLUME 3
1. Hearsay and the Right to Confrontation
  1. The Basis, Nature and Scope of Confrontation and Its Relationship to the Hearsay Rule
  2. Confrontational Limitations on the Admissibility of Hearsay Statements
2. Privileged Communications
  1. The Source, Rationale, Nature, Effect and Waiver of Evidentiary Privileges
  2. Attorney-Client Privilege
  3. Physician and Psychotherapist-Patient Privilege
  4. The Marital Privilege
  5. The Religious Privilege
  6. The Journalists Privilege
  7. Identity of Informer Privilege
  8. The Topical Privileges: Political Vote, Trade Secrets and Secrets of State
3. Constitutionally Privileged Matter
  1. The Privilege Against Self-Incrimination
  2. Confessions
  3. Improperly Obtained Evidence
4. The Examination, Impeachment and Rehabilitation of Witnesses
  1. Examination of Witnesses
  2. Impeachment and Rehabilitation of Witnesses
VOLUME 3A
- Appendixes
  1. Cross-Reference Table Oklahoma Evidence Code Federal Rules of Evidence Uniform Rules of Evidence (1974) With 1986 Amendments Proposed Oklahoma Code of Evidence
  2. Federal Rules of Evidence for United States Courts
  3. Uniform Rules of Evidence (as amended in 1999)
  4. Text of Proposed Code of Evidence for Oklahoma Courts
  5. 1969 Proposed Evidence Code

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