Evidence: The Objection Method

This stimulating casebook presents the study of evidence in the context of the trial. A unique feature of this casebook is the wealth of problems based on transcripts. These simulation exercises allow students to master the rules of evidence as well as the art of objection and argument. Special attention is paid to the amendments to the Federal Rules of Evidence that went into effect on December 1, 2000 and those that went into effect on December 1, 2006. Professor Capra, the Reporter to the Judicial Conference Advisory Committee on Evidence Rules, was the principal author of those amendments and the accompanying Committee Notes. Where possible, the Reporter's perspective on the amendments has been emphasized. The important topics of expert testimony and privileges have been completely revised to take account of their increasing dominance in evidentiary development.

The Third Edition has extensive treatment of the Supreme Court's recent jurisprudence on the Confrontation Clause--Crawford and Davis--and the important recent developments in the lower courts in determining the scope of Crawford. Special attention is also given to waiver of attorney-client privilege in the era of electronic discovery, and proposed Rule 502 of the Federal Rules of Evidence, written by Professor Capra. The Third Edition of Evidence: The Objection Method also includes four appendices:

• The full text of the Federal Rules of Evidence, as amended;

• Advisory Committee Notes for each Rule; and

• Two articles authored by Professor Capra, noting inconsistencies in both the Advisory Committee Notes and federal case law with the text of the rules.