Re: [tips_and_tricks] Paper Hearsay Evidence
- Froggy has stated and I agree:" I learned to always object to anything on paper where the originator was
unavailable to testify. And now even photos and movies can be
realistically faked so they are no longer good evidence if you want to
object to them. Most people never object to anything!"I just bought an old law book (1988) for $4.00 entitled Fundamental of Trial Techniques. It has a section on getting evidence properly into the record and objecting to your advocacy attempt's to enter evidence. After reading I have revised my technique of challenging an appearance by an attorney in my case. In the past I simply objected to him appearing, as a third party ,in a representative capacity, without my consent. The judge would always intervene and say:"he has a right to appear....he is an attorney." I would say that is a presumption unless he is able to produce a license to practice law. Thereafter, the attorney would open his wallet and pull out a BAR card and I would object to it being a license. I now think that is a mistake. I don't care what it is. The attorney cannot simply pull out a BAR card and show it to the judge because the judge can only view evidence. The attorney must offer the BAR card and allege it to be his license and have it marked as an exhibit to have it entered into evidence. Then the judge can then view the evidence (BAR card) and make a decision if there are no objections. I believe we should object as Froggy has stated and if overruled object a second time stating no foundation has been laid to enter the card which means a witness must be in the stand under oath that issued the card and he must be available to be cross-examined as to the exhibit's authentication and genuineness. If there is a signature on the card that is the person that must testify for the exhibit to be relevant.We all make evidence mistakes and hold up a check or title or whatever but it is not entered into evidence and the judge does not take it into consideration.----- Original Message -----From: Frog FarmerSent: Thursday, December 24, 2009 9:28 AMSubject: [tips_and_tricks] Paper Hearsay Evidence
Justices Revisit Rule Requiring Lab Testimony
By ADAM LIPTAK
- The Handyman wrote:
> I just bought an old law book (1988) for $4.00 entitled FundamentalWhen I was actually in the courtroom every other week, I was in a small
> of Trial Techniques.
group who took it as a new hobby, getting criminally prosecuted in
California. At that time, the bookstore below was VERY helpful! So
helpful, I got literally hundreds of bux of books handed to me for free,
with "you'll need this, and this, and this..." I spent about 200 and
came out with over 1 thousand's worth of books.
Any college town with a law school ought to be a good source too. And
then the law libraries often throw out stuff once a year.
The only books I'd buy new are the current court rules and the code they
were using against me, if I were going to go that far.
Another great book to get is called "trial objections":
Heap Big Power!