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Description
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Designed to be carried into court and used for quick reference, this book helps you “think on
your feet” as it includes thumb tabs that direct your attention to specific areas to which you may
need to formulate an objection in a hurry.
This book was published in 2010. It is available in both print and CD-ROM formats and is also available for immediate
download. Please see the information on electronic books before selecting the
CD-ROM or download option.
Authors: Brien A. Roche and Christine M. Reilly
Copyright © 2010 Virginia Law Foundation. All rights reserved.
TABLE OF CONTENTS
About the Authors
Introduction
CHAPTER 1: OBJECTIONS IN GENERAL
1.1 OVERVIEW
1.101 Virginia Practice
1.102 Purpose
1.103 Waiving Objections
1.104 Making an Objection
1.2 PROCEDURES AND DEFINITIONS
1.201 Objection Sustained
1.202 Objection Overruled
1.203 Motions in Limine
1.204 Motions to Strike
1.205 Limiting Instructions
1.206 Motion for Mistrial
1.207 Offer of Proof
1.208 Speaking Objections
1.209 Cross Examination or Presentation of Evidence Where
Objection Has Been Overruled
1.210 Absence of Ruling by Court
1.211 Absence of Stated Ground
CHAPTER 2: DISCOVERY
2.1 DISCOVERY RULES
2.101 Scope of Discovery Generally
2.102 Specific Guidance
2.103 Certification
2.2 MOTIONS TO COMPEL
2.201 In General
2.202 Notice
2.203 Jurisdiction
2.3 PROTECTIVE ORDERS
2.301 In General
2.302 Relief Requested
2.4 OBJECTIONS TO DISCOVERY
2.401 In General
2.402 Specific Objections
2.5 INTERROGATORIES
2.501 In General
2.502 Excessive Number
2.503 Eliciting Opinion or Legal
Conclusion
2.6 REQUESTS FOR PRODUCTION
2.601 Procedure
2.602 Business Records
2.7 SUBPOENAS DUCES TECUM
2.701 Motion to Quash
2.702 Grounds for Objection
2.703 Business Records Production
2.8 ADMISSIONS
2.801 In General
2.802 Requesting an Opinion
2.803 Lack of Knowledge
2.804 Enforcing Discovery
2.805 Sanctions for Failure to Admit
2.806 Withdrawal or Amendment of
Admission
2.807 Testimony That Contradicts
Admission
2.808 Use of Pleadings
2.9 DEPOSITIONS
2.901 In General
2.902 Depositions Upon Written
Questions
2.903 Form Versus Content
2.904 Agreements by Counsel on
Objections
2.905 Use at Trial
2.906 Rules of Court
2.907 Suspending the Deposition
2.908 Dealing with "Speaking"
Objections
2.909 Dealing with a Nonresponsive Witness
2.910 Going off the Record
2.10 CRIMINAL DISCOVERY
2.1001 Scope
2.1002 Misdemeanors
2.1003 Felonies
CHAPTER 3: PRETRIAL MOTIONS
3.1 PRETRIAL MOTIONS
3.101 In General
3.102 Motion in Limine
3.2 TYPES OF OBJECTIONS
3.201 Lack of Proper Notice or
Service
3.202 Jurisdiction
3.203 Necessary Party
3.204 Misjoinder
3.205 Lack of Capacity
3.206 Lack of Standing
3.207 Improper Venue
3.208 Demurrer
3.209 Bankruptcy Stay
3.210 Workers' Compensation
Immunity
3.211 Statute of Frauds
3.212 Statute of Limitations
3.213 Failure to Exhaust Administrative
Remedies
3.214 Other Affirmative Defenses
CHAPTER 4: JURY SELECTION
4.1 THE JURY LIST AND PANEL
4.101 Objections Before Jury Is
Sworn
4.102 Waiver of Objections
4.2 VOIR DIRE
4.201 In General
4.202 Virginia Practice
4.203 Extent of Court's Discretion
4.3 OBJECTIONS TO VOIR DIRE
4.301 Making Objections
4.302 Preserving Objections
4.4 JUROR REHABILITATION
CHAPTER 5: OPENING STATEMENT
5.1 ANTICIPATING OBJECTIONS TO THE OPENING
STATEMENT
5.101 Motions in Limine
5.102 Strategic Planning
5.2 PRACTICAL APPLICATIONS
5.201 Objections During Opening
Statement
5.202 Examples of Objections
CHAPTER 6: TRIAL OR HEARING
6.1 ANTICIPATING OBJECTIONS
6.101 Motions in Limine
6.102 Strategic Planning
6.2 OBJECTIONS TO CONTENT
6.201 Competence of Witness
6.202 Cumulative Testimony
6.203 Failure to Comply with Court
Order
6.204 Hearsay Generally
6.205 Hearsay Exceptions When the
Declarant Is Available
6.206 Hearsay Exceptions When the
Declarant Is Unavailable
6.207 Party Incapable of Testifying
6.208 Double Hearsay
6.209 Immaterial
6.210 Irrelevant
6.211 Nonresponsive
6.212 Violates Parol Evidence Rule
6.213 Privileged Communication
6.214 Work Product
6.3 OBJECTIONS TO FORM
6.301 In General
6.302 Argumentative
6.303 Asked and Answered
6.304 Assumes Facts That Are Not in
Evidence
6.305 Beyond the Scope of the Direct
Testimony
6.306 Badgering or Bullying
Witness
6.307 Compound Questions
6.308 Improper Hypotheticals
6.309 Impeaching Own Witness
6.310 Improper Attempt to Impeach
6.311 Phrased to Incorrect Standard for
Expert
6.312 Contains Inaccurate Summary or
Erroneous Quote of Testimony
6.313 Lack of Foundation
6.314 Not the Best Evidence
6.315 Leading
6.316 Calls for a Narrative
6.317 Question Is Overly Broad
6.318 Item Is Being Used to Do More
Than Refresh Recollection
6.319 Calls for Speculation or
Conclusion
6.320 Unintelligible or Ambiguous
6.321 Commenting on Other
Testimony
6.4 EXHIBITS
6.401 In General
6.402 Objections Specific to Exhibits
6.403 Countering Objections to
Exhibits
6.5 REPEATED REQUESTS FOR BENCH
CONFERENCES
CHAPTER 7: EXPERT WITNESSES
7.1 SPECIAL CONSIDERATIONS
7.101 In General
7.102 Qualifications
7.103 Reliability of the Science
7.2 OBJECTIONS
7.201 Inadequate Identification
7.202 Objections to Form
7.203 Lack of Foundation
7.204 Improper Hypothetical
7.205 Lack of Similarity of Conditions as
to Test or Experimental Data
7.206 Improper Hearsay
CHAPTER 8: OBJECTIONS BASED UPON CONDUCT OF
THE JUDGE
8.1 IMPROPER JUDICIAL CONDUCT
8.101 In General
8.102 Improper Comment on the
Evidence
8.103 Conduct of the Court That
Embarrasses Counsel
8.104 Adversarial Examination of
Witnesses by the Court
8.105 Tone of Voice or Facial
Grimaces
8.106 Considerations
8.107 Time Restraints
CHAPTER 9: JURY MISCONDUCT
9.1 TYPES OF MISCONDUCT
9.101 In General
9.102 External Contact Defined
9.2 OBJECTIONS TO JUROR MISCONDUCT
9.201 Showing of Prejudice
9.202 Juror Affidavits or Testimony
9.203 Harmless Contacts
9.204 Virginia Rule
9.205 Procedure
CHAPTER 10: CLOSING ARGUMENT
10.1 IN GENERAL
10.101 Virginia's View
10.102 Need for Contemporaneous
Objection
10.103 Argument Must Have a Factual
Basis
10.104 Preserving Objections
10.105 Bases for Objection
TABLE OF AUTHORITIES
INDEX
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