Preface

Publication year1993
Pages1175
22 Colo.Law. 1175
Colorado Lawyer
1993.

1993, June, Pg. 1175. Preface




1175


Vol. 22, No. 6, Pg. 1175

Preface

The axioms "you've got to play by the rules" and "the rules change" have been familiar to us since preschool days. Whether we like it or not, the dominant feature of law, particularly the law of evidence, is change. For trial attorneys, it is not always easy to be aware of "recent developments" as they occur. For this reason, The Colorado Lawyer and the Annual Survey of Colorado Law have sought to keep the bar informed.

"Evidence" is a popular topic among trial practitioners. Therefore, The Colorado Lawyer presents this special June issue to emphasize the subject. Since neither space nor time permits an expanded treatment of all of the developments, the focus is on the hottest of the "hot topics in evidence," the theme of this issue.

Modern technology has given trials a whole new dimension. The field of evidence is no different than any other in that it has passed through and been affected by each phase in the developmental process of technology: nomadic, agrarian, industrial, service and knowledge. Since the United States became the world's first "knowledge" society sometime in the 1970s, a broad revolutionary social and legal transformation has occurred, not just in this country, but throughout the world. It is important, therefore, to keep pace with the times.

This special issue is structured not only as an update of recent developments and trends, but to set forth the applicable law on particular topics so practitioners may have all this information in one place. Historical perspective is presented where deemed appropriate. Because The Colorado Lawyer is geared to the "how-to-do-it" approach, certain articles presented, by design, contain sample foundational questions, sample objections and numerous examples.

The first article is on relevancy. It discusses the Colorado Rules of Evidence dealing with the definition of relevant evidence and the various rules limiting or excluding evidence otherwise relevant. The article provides case examples and practical suggestions for determining the relevancy of evidence and how to deal with marginally relevant evidence.

The second article, on opinion testimony, discusses the traditional foundational requirements for the admission of lay and expert opinion testimony. It also covers recent developments concerning the admission of novel, scientific...

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