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Author(s):

David F. Herr

Peter N. Thompson

Product details:

Brand: Thomson West

ISBN: 9780314991836

Service #: 40729062

Sub #: 40729061

Pages: 260

Shelf Space: 1 in.

Publication Frequency: Updated as changes in the law dictate

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Minnesota Trial Objections, 2008 ed.

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Written for trial lawyers and judges who need condensed and accessible information, Minnesota Trial Objections is a basic guide to objections frequently made during pretrial depositions and trial. It incorporates the general norms that have developed from custom, tradition, and precedent. Topics include:

• The best-evidence rule

• The dead-person's statute

• Discovery

• Hearsay and hearsay exceptions

• Impeachment

• Opinions

• Privilege

• Much more

Each objection is followed by a short discussion of the applicable law or rule of evidence, along with appropriate citations to controlling authority. Providing an easy-to-use resource for the Minnesota judiciary, this book includes the full text of the Minnesota Rules of Evidence.

Summary of contents
Replacement pages

Content
- Evidence Objections During Pre-Trial Discovery Depositions
- Generally
- Instructing Witness Not to Answer Question
- Trial Objections
- Ambiguous Question
- Argumentative
- Asked and Answered
- Assumes Fact Not in Evidence
- Authentication Lacking
- Best Evidence Rule (Original Writings Rule)
- Chain of Custody
- Character Evidence
- Collateral Matter
- Comment on the Credibility of Another Witness
- Competency: Witness Does Not Have Capacity to Testify
- Completeness
- Compound Question
- Conclusion of the Witness
- Confusing or Unintelligible
- Cumulative
- Deadperson's Statute
- Discovery—Failure to Disclose (Civil)
- Discovery—Failure to Disclose (Criminal)
- Exclusion of Witnesses (Sequestration)
- Form of Question
- Foundation
- Good Faith Belief Lacking
- Habit/Routine Practice
- Hearsay
- Multiple Hearsay (Hearsay within Hearsay)
- Hearsay Exclusion—Admission by Agent/Servant of Party
- Hearsay Exclusion—Admission (Statement) by Party-Opponent
- Hearsay Exclusion—Adoptive Admission
- Hearsay Exception—Ancient Document
- Hearsay Exception—Business Record
- Hearsay Exception—Child Abuse Victim
- Hearsay Exclusion—Co-Conspirator Statement
- Hearsay Exception—Dying Declaration (Statement Under Belief of Impending Death)
- Hearsay Exception—Excited Utterance
- Hearsay Exception—Former Testimony
- Hearsay Exception—Learned Treatise
- Hearsay Exception—Market Report/Commercial Publication
- Hearsay Exception—Medical Diagnosis or Treatment
- Hearsay Exception—Past Recollection Recorded
- Hearsay Exclusion—Present Sense Impression
- Hearsay Exclusion—Prior Consistent Statement
- Prior Consistent Identification of Person
- Hearsay Exclusion—Prior Inconsistent Statement Under Oath
- Hearsay Exception—Public Record
- Hearsay Exception—Residual or "Catch-All" Exception
- Hearsay Exception—State of Mind
- Hearsay Exception—State of Mind to Prove Conduct
- Hearsay Exception—Statement Against Interest
- Hearsay Exception—Then-Existing Physical Condition
- Immaterial
- Impeachment—Bias, Motive, or Interest
- Impeachment—Bolstering Credibility
- Impeachment: Defects in Capacity to Observe, Remember, or Narrate
- Impeachment: Prior Acts of Misconduct of the Witness
- Impeachment—Prior Convictions
- Impeachment: Prior Inconsistent Statement
- Incompetent
- Insurance
- Interpreter Not Sworn
- Interpreter Not Qualified
- Irrelevant
- Judge as Questioner
- Judge as Witness
- Judicial Notice
- Juror Not Competent to Impeach Jury Verdict
- Leading
- Legal Conclusion
- Medical, Hospital, or Similar Expenses
- Misstates Exhibit
- Misstates Prior Testimony
- Narrative Answer Requested
- Non-Responsive
- Opinion—Expert Witness Not Qualified
- Opinion—Improper Subject Matter
- Opinion—Lay Opinion
- Opinion—Lay Opinion Lack of Personal Knowledge
- Opinion—No Foundation
- Opinion—Novel Scientific Evidence
- Opinion—Speculation
- Opinion—Ultimate Issue/Legal Conclusion
- Original Required
- Parole Evidence Rule Violated
- Personal Knowledge Lacking
- Plea Discussions Inadmissible
- Prejudicial or Inflammatory
- Privileged or Protected Information
- Privilege—Accident Report
- Privilege—Accountant-Client
- Privilege—Attorney-Client
- Privilege: Clergy-Penitent
- Privilege: Doctor-Patient
- Privilege: Marital Communication
- Privilege: Marital Testimony
- Privilege: Psychotherapist-Patient
- Privilege: Self-Incrimination
- Privilege: Sexual Assault Counselor-Victim
- Privilege—Work Product
- Reading From Document Not in Evidence
- Refresh Recollection
- Rehabilitation Improper
- Religious Beliefs
- Repetitive
- Scope of Direct Examination Exceeded
- Settlement Discussions Disclosed
- Sexual Conduct of Victim of Sexual Crime
- "Spreigl" Evidence
- "Spreigl"—Reverse
- Subsequent Remedial Measures
- Traffic Convictions
- Unresponsive Answer (Non-Responsive)
- Vague
- Waste of Time
- Witness Not Sworn
Appendix
- A. Minnesota Rules of Evidence

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