Edited by the Honorable Edward T. Wahl
Now in its third edition, the Minnesota Courtroom Evidence Deskbook goes beyond the evidence rules to provide thorough explanation and examination of the evidentiary concepts that guide court cases. Written by many of Minnesota’s most distinguished civil, criminal, and appellate practitioners as well as both federal and Minnesota state court judges, this essential Deskbook includes comprehensive case law analysis, alongside practice-based the insights and practice tips from the authors. Offering all the advantages of a traditional evidence manual – the full text of the Minnesota Rules of Evidence and committee comments is paired with the authors’ expert analyses – this book takes you further by offering chapter-length examinations of important evidentiary topics involving several rules simultaneously or carrying unique significance in Minnesota, including social media evidence, circumstantial evidence, and the associated standards of review, and the different inquiries used to admit expert testimony in federal and Minnesota state courts. An exhaustive treatment of evidence in both criminal and civil matters, the Minnesota Courtroom Evidence Deskbook belongs on the desk of every Minnesota attorney seeking to have evidence admitted at trial and/or reviewed at the appellate level.
2021 NEW EDITION
The new third edition of the Minnesota Courtroom Evidence Deskbook includes revisions to all 17 chapters and extensive case law updates throughout! Chapter updates include new case law and discussion on limiting instructions in jury trials, judicial notice on appeal, DNA evidence, evidence of bias, attorney-client privilege, jury testimony to impeach a verdict, impeachment with prior convictions, witness examination rules, cell-site location information, products liability, hearsay, excited utterances, social media developments, expert testimony, the amended Federal Rule of Evidence 807, and much more! As always, the Deskbook also includes the practice-related content only our expert authors can provide, and detailed analysis of dozens of new cases, from the U.S. Supreme Court down to the Minnesota state courts! The Minnesota Courtroom Evidence Deskbook is a must-own resource for all attorneys.
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Scope, Purpose, and Rulings on Evidence—Minnesota Rules of Evidence 101–106
Introduction; Scope – Minnesota Rule of Evidence 101; Purpose and Construction – Minnesota Rule of Evidence 102; Rulings on Evidence – Minnesota Rule of Evidence 103; Preliminary Questions – Minnesota Rule of Evidence 104; Limited Admissibility – Minnesota Rule of Evidence 105; Remainder of or Related Writings or Recorded Statements – Minnesota Rule of Evidence 106
– Honorable Diane B. Bratvold
Judicial Notice and Presumptions—Minnesota Rules of Evidence 201 and 301
Introduction; Judicial Notice – Minnesota Rule of Evidence 201; Presumptions – Minnesota Rule of Evidence 301
– Scott M. Rusert & Brandie Morgenroth
Relevance and Exclusionary Rule—Minnesota Rules of Evidence 401–403
Introduction; “Relevant Evidence” Defined – Minnesota Rule of Evidence 401; Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible – Minnesota Rule of Evidence 402; Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time – Minnesota Rule of Evidence 403
– Joshua R. Larson
Relevancy of Character Evidence and Other Rules for Specialized Relevancy—Minnesota Rules of Evidence 404–412
Introduction; Character Evidence Not Admissible to Prove Conduct, Exceptions, Other Crimes – Minnesota Rule of Evidence 404; Methods of Proving Character – Minnesota Rule of Evidence 405; Habit; Routine Practice – Minnesota Rule of Evidence 406; Subsequent Remedial Measures – Minnesota Rule of Evidence 407; Compromise and offers to Compromise – Minnesota Rule of Evidence 408; Payment of Medical and Similar Expenses – Minnesota Rule of Evidence 409; Offer to Plead Guilty and Withdrawal of Plea – Minnesota Rule of Evidence 410; Liability Insurance – Minnesota Rule of Evidence 411; Past Conduct of Victim of Certain Sex Offenses – Minnesota Rule of Evidence 412
– Joseph P. Tamburino & Hannah L. Martin
Privilege—Minnesota Rules of Evidence 501 and 502
General Rule – Minnesota Rule of Evidence 501; Attorney-Client Privilege – Minnesota Rule of Evidence 502; The Marital Privilege; The Clergy-Penitent Privilege; Mediation Privilege; Executive Privilege
– Kari Berman, Kyle D. Nelson & Cameron R. Woods
General Competence—Minnesota Rules of Evidence 601–606
Introduction; Witness Competency – Minnesota Rule of Evidence 601; Lack of Personal Knowledge – Minnesota Rule of Evidence 602; Oath or Affirmation by a Witness – Minnesota Rule of Evidence 603; Interpreters of Witness Testimony – Minnesota Rule of Evidence 604; Competency of Judge as Witness – Minnesota Rule of Evidence 605; Competency of Juror as Witness – Minnesota Rule of Evidence 606
– Professor Peter B. Knapp
Impeachment—Minnesota Rules of Evidence 607–610
Introduction; Who May Impeach – Minnesota Rule of Evidence 607; Evidence of Character and Conduct of Witness – Minnesota Rule of Evidence 608; Impeachment by Evidence of Conviction of a Crime – Minnesota Rule of Evidence 609; Religious Beliefs or Opinions Not Admissible – Minnesota Rule of Evidence 610
– Joshua R. Larson
Witness Examination Rules—Minnesota Rules of Evidence 611–617
Introduction; Mode and Order of Interrogation and Presentation – Minnesota Rule of Evidence 611; Writing Used to Refresh Memory – Minnesota Rule of Evidence 612; Prior Statements of Witnesses – Minnesota Rule of Evidence 613; Calling and Interrogating Witnesses – Minnesota Rule of Evidence 614; Exclusion of Witnesses – Minnesota Rule of Evidence 615; Bias of Witnesses – Minnesota Rule of Evidence 616; Conversation with Deceased or Insane Person – Minnesota Rule of Evidence 617
– Honorable Fred Karasov & Honorable Edward T. Wahl
Opinions and Expert Testimony—Minnesota Rules of Evidence 701–706
Introduction; Opinion Testimony by Lay Witness – Minnesota Rule of Evidence 701; Testimony by Experts – Minnesota Rule of Evidence 702; Basis of Opinion Testimony by Experts – Minnesota Rule of Evidence 703; Opinion on Ultimate Issue – Minnesota Rule of Evidence 704; Disclosure of Facts or Data Underlying Expert Opinion – Minnesota Rule of Evidence 705; Court-Appointed Experts – Minnesota Rule of Evidence 706
– Brian J. Kluk
Hearsay Definition and Exclusionary Rule—Minnesota Rules of Evidence 801–802
Introduction; Hearsay Definitions – Minnesota Rule of Evidence 801(a); Hearsay Definitions – Minnesota Rule of Evidence 801(b); Hearsay Definitions – Minnesota Rule of Evidence 801(c); Hearsay Definitions – Minnesota Rule of Evidence 801(d); Hearsay Rule – Minnesota Rule of Evidence 802; Constitutional Overlay: The Confrontation Clause; Miscellaneous Case Law
– Referee Mike Furnstahl
Hearsay Rule–Declarant’s Availability Is Immaterial—Minnesota Rule of Evidence 803
Introduction; Not Used (Present Sense Impression) – Minnesota Rule of Evidence 803(1); Excited Utterance – Minnesota Rule of Evidence 803(2); Then Existing Mental, Emotional, or Physical Condition – Minnesota Rule of Evidence 803(3); Statements for Purpose of Medical Diagnosis or Treatment – Minnesota Rule of Evidence 803(4); Recorded Recollection – Minnesota Rule of Evidence 803(5); Records of Regularly Conducted Business Activity, Minnesota Rule of Evidence 803(6); Absence of Entry in Records Kept in Accordance with the Provisions of Rule 803(6) – Minnesota Rule of Evidence 803(7); Public Records and Reports – Minnesota Rule of Evidence 803(8); Records of Vital Statistics – Minnesota Rule of Evidence 803(9); Absence of Public Record or Entry – Minnesota Rule of Evidence 803(10); Records of Religious Organizations – Minnesota Rule of Evidence 803(11); Marriage, Baptismal, and Similar Certificates – Minnesota Rule of Evidence 803(12); Family Records, Minnesota Rule of Evidence 803(13); Records of Documents Affecting an Interest in Property – Minnesota Rule of Evidence 803(14); Statements in Documents Affecting an Interest in Property – Minnesota Rule of Evidence 803(15); Statements in Ancient Documents – Minnesota Rule of Evidence 803(16); Market Reports, Commercial Publications – Minnesota Rule of Evidence 803(17); Learned Treatises – Minnesota Rule of Evidence 803(18); Reputation Concerning Personal or Family History – Minnesota Rule of Evidence 803(19); Reputation Concerning Boundaries or General History – Minnesota Rule of Evidence 803(20); Reputation as to Character – Minnesota Rule of Evidence 803(21); Judgment of Previous Conviction – Minnesota Rule of Evidence 803(22); Judgment as to Personal, Family or General History, or Boundaries – Minnesota Rule of Evidence 803(23); Other Exceptions – Minnesota Rule of Evidence 803(24) (Abrogated)
– Annamarie A. Daley
Hearsay, Declarant Unavailable, and Remaining Rules—Minnesota Rules of Evidence 804–807
Introduction; Hearsay Exceptions, Declarant Unavailable – Minnesota Rule of Evidence 804; Hearsay Within Hearsay – Minnesota Rule of Evidence 805; Attacking and Supporting Credibility of Declarant – Minnesota Rule of Evidence 806; Residual Exception – Minnesota Rule of Evidence 807; Crawford in Federal Courts; Crawford in Minnesota Courts
– Kyle R. Kroll & Thomas H. Boyd
Authentication and Identification—Minnesota Rules of Evidence 901–903
Introduction; Requirement of Authentication or Identification – Minnesota Rule of Evidence 901; Self-Authentication – Minnesota Rule of Evidence 902; Subscribing Witness’s Testimony Unnecessary – Minnesota Rule of Evidence 903
– Jordan L. Weber
Contents of Writings, Recordings, and Photographs; Miscellaneous Rules—Minnesota Rules of Evidence 1001–1101
Introduction; Contents of Writings, Recordings, and Photographs, Definitions – Minnesota Rule of Evidence 1001; Requirement of Original – Minnesota Rule of Evidence 1002; Admissibility of Duplicates – Minnesota Rule of Evidence 1003; Admissibility of Other Evidence of Contents – Minnesota Rule of Evidence 1004; Public Records – Minnesota Rule of Evidence 1005; Summaries – Minnesota Rule of Evidence 1006; Testimony or Written Admission of Party – Minnesota Rule of Evidence 1007; Functions of Court and Jury – Minnesota Rule of Evidence 1008; Miscellaneous Rules: Rules Applicable – Minnesota Rule of Evidence 1101
– Erin E. Westbrook & Gregory R. Merz
Social Media Evidence
Introduction; The Use of Social Media in Litigation and Methods for Obtaining It; The Rules of Evidence and Social Media; Conclusion
– Jevon C. Bindman & Peter K. Doely
Appellate Review of Circumstantial Evidence: Criminal and Civil
Introduction; Criminal Cases; Civil Cases; Conclusion
– Anna M. Tobin
Admission of Expert Testimony in Federal Court
Introduction; The Use of Expert Opinion in Federal Court; The Daubert Inquiry in Federal Court; Comparison of Federal Rules and Practice with Minnesota State Rules and Practice
– Christin Jaye Eaton & M. Joseph Winebrenner
Table of Authorities
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