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CHAPTER 4 Writings and Physical Evidence
Jurisdiction | United States |
I. Motion Authorities
A. Motion to Exclude Evidence Lacking Foundation
1. Suggested Motion TextB. Motion to Exclude Writings, Generally
2. Motion Summary
3. Supporting Authorities, Generally
a. Determination of Admissibility Outside Presence of Jury4. Opposing Authorities, Generally
b. Preliminary Fact—Inadmissibility of Evidence
c. Photographs
d. Tape Recordings
e. Tests and Experiments
f. Videotapes and Motion Pictures
g. Writings
h. Public Records or Reports
i. Ancient Documents or Data Compilations
a. Photographs
b. Physical Evidence
c. Tests and Experiments
d. Tape Recordings
e. Videotapes and Motion Pictures
f. Writings
g. Conditional Admissibility
1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities—"Writing" Defined
a. Exclusion, Generally4. Opposing Authorities, Generally
b. Unauthenticated Writings
i. Public Records or Reportsc. Irrelevant Evidence
ii. Documents or Data Collections
iii. Exclusion of Unauthenticated Writings
d. Inadmissible Hearsay
i. Examples of Inadmissible Written Hearsaye. Inadmissible Secondary Evidence
a. Authentication
b. Hearsay Exceptions and Nonhearsay, Generally
i. Examples of Admissible Written Hearsayc. Secondary Evidence
C. Motion to Exclude Gruesome or Inflammatory Photographs...
1. Suggested Motion TextD. Motion to Exclude Prejudicial Film or Videotapes
2. Motion Summary
3. Supporting Authorities, Generally
a. Gruesome or Inflammatory Photographs4. Opposing Authorities
b. Purpose to Inflame Jurors' Emotions
c. Other Grounds
a. Examples of Admissible Photographs
1. Suggested Motion TextE. Motion to Exclude Published Articles
2. Motion Summary
3. Supporting Authorities, Generally
a. Other Grounds4. Opposing Authorities, Generally
a. Relevance
1. Suggested Motion TextF. Motion to Exclude Accident Reports
2. Motion Summary
3. Supporting Authorities
a. Prejudicial4. Opposing Authorities, Generally
b. Other Grounds
a. Cumulative
b. No Prejudice
c. Where Relevant to Other Issues
d. Not Hearsay
1. Suggested Motion TextG. Motion to Exclude Letters, Emails, or Text Messages
2. Motion Summary
3. Supporting Authorities
a. Generally4. Opposing Authorities
b. Privilege
c. Hearsay
d. Diagrams Made at the Scene and Computer Animations
e. Other Grounds
a. Statements Made to Reporting Officer
b. Public Records and Reports
c. Diagrams Made at the Scene and Computer Animations
1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities
a.
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- Chapter 4 Writings and Physical Evidence
- CHAPTER 4 Writings and Physical Evidence
- CHAPTER 4.I. Motion Authorities
- CHAPTER 4.II. Sample Motions
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