The Pocket Guide to Common Trial Objections & Evidentiary Foundations

Author: John Barkai
Publication date : August 7, 2020
Language : English
Print length : 95 pages
ISBN-13 : 979-8672839844
Item Weight : 5.3 ounces
Dimensions : 6 x 0.22 x 9 inches
Revised in Feb. 2025 to include a new foundation for a new FRE rule, FRE 107 Illustrative Aids (Effective Dec. 2024) on pages 35A-B and Advisor Committee Notes for that rule on pages 82-83
The Pocket Guide to Common Trial Objections & Evidentiary Foundations (6" x 9") was designed to be brought to court and be at your side in the office. This guide includes a 16-page section on making and responding to common objections (including a list of over 60 common trial objections) and over 60 pages on evidentiary foundations and impeachment (including 26 examples of foundations for introducing physical, electronic, hearsay, social media evidence, emails, text messages, internet sites, a discussion on differing standards for authenticating digital evidence, and sample impeachment foundations). The most complete and least expensive such resource you can find anywhere.
This book includes foundations for introducing a photograph, diagram, real evidence, illustrative aids, a contract, refreshing memory, writing used to refresh memory, refreshing memory with a leading question, recorded recollection (author’s rule), business records - custodian of records, business records, self-authenticating business record, demonstrative evidence - similar to the real item, impeachment by prior written inconsistent statement, impeachment by omission, impeachment by inconsistent oral deposition (both short form and long form), impeachment by inconsistent oral statement, learned treatises on direct exam, learned treatises on cross exam, voicemail and phone conversations, digital evidence (electronically stored information – ESI), email (both outgoing and incoming), text message, social media (X, Facebook, Instagram, Snapchat, Twitter), internet website web posting, incoming fax, and for an expert opinion.
Professor Barkai is a former Detroit Michigan criminal trial lawyer, a fulltime law professor for 50 years - a Professor of Law at the William S. Richardson School of Law at the University of Hawaii for over 45 years and taught at Wayne State University for 5 years. He has taught evidence since 1981 and has been the Director, and now Co-Director, of the Law School's Clinical Program since 1978. He has been a member of the Hawaii Supreme Court's Standing Committee on the Rules of Evidence since 1993. He has a B.B.A, M.B.A, and J.D, all from the University of Michigan. For over 50 years, he has taught a criminal clinic in which his students try traffic and minor criminal cases under the state student practice rule.
He has published over 135 evidence handbooks for all 50 U.S. states, territories, and affiliated jurisdictions, the federal and military rules of evidence, Pacific Island and African countries, Australian states, Canadian provinces, and the United Kingdom. He has also published two cartoon captioning contest books on the topics of trial evidence and negotiations & ADR. And don’t miss his book on breaking impasses in negotiation and mediation, called Negotiation and Mediation Communication Gambits for Breaking Impasses and More.