Missouri Evidentiary Foundations - Fourth Edition
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Click here for the 2022 Fourth Edition supplement. (Current supplement included with purchase of book.)
Missouri Evidentiary Foundations, Fourth Edition, shows you how to address and overcome evidentiary problems in Missouri courtrooms. Using specific lines of questioning and courtroom-proven techniques that apply Missouri evidentiary law, you’ll learn how to:
--Frame foundational questions to gain admission or exclusion of evidence,
--Control the evidence in civil and criminal cases,
--Make sure your questions are easily understood,
-- "Walk & Talk" an exhibit into evidence,
--Use motions in limine, motions to strike, and other motions and objections.
Most sections of the book use a 3-part format: First, a brief discussion of a particular evidentiary doctrine; Second, the doctrine is broken down into a list of foundational elements--the historical facts and events that constitute the evidentiary predicate for admission of the evidence; And finally, a sample foundation demonstrates the application of the evidentiary doctrine, showing how each element of the foundation converts into concrete questions in the courtroom.
Completely revised and updated, the fourth edition includes new sections and updated material including:
--Definitive and illustrative cases decided since 2012;
--Missouri statutes enacted since 2012;
--new authority and material on the authentication of social media, a new foundation for the authentication of networked computers, new and updated material on authentication of electronic delivery systems,
--new material on the validation of scientific evidence to reflect recent changes in Missouri law, coverage of the recent and important distinction made by the Missouri Supreme Court between character and propensity evidence,
--a new foundation for DNA Typing evidence using STR analysis,
--coverage of the new expert testimony rules mandated by the Missouri legislature in 2017. These rules mirror Rules 702-705 of the Federal Rules of Evidence, make substantial changes in Missouri law, and apply in civil and criminal cases triable by jury.
--And much more.
Missouri Evidentiary Foundations, Fourth Edition, will assist Missouri trial counsel with the first obligation of any trial lawyer: to convert facts presented in support of a client's claim or defense into admissible evidence at trial. The book is an authoritative, practical resource for Missouri lawyers on the presentation of evidence at trial.
Thomas Lee Stewart is the Director of Trial Advocacy and Associate Professor of Law at Saint Louis University School of Law, where he teaches in the fields of Trial Advocacy, Evidence and Torts. Prior to joining the faculty full time, he was a trial lawyer representing both plaintiffs and defendants in products liability, medical negligence, and toxic torts cases. He was a 1997 recipient of the Missouri Bar’s Lon O. Hocker Award for excellence in trial advocacy, and is a past President of the Missouri Association of Trial Attorneys (MATA). Professor Stewart has been a guest lecturer and has taught trial advocacy for The National Institute of Trial Advocacy (NITA), the Missouri Attorney General’s Office, Missouri Association of Trial Attorneys and Missouri Bar’s Trial College. He is on the teaching faculty for The Missouri Judicial College where he gives an update on Missouri Evidence for the Missouri Judiciary each year. In addition, he is a founding member and officer in The Theodore McMillian American Inn of Court.
John C. O’Brien is an Emeritus Professor of Law at Saint Louis University School of Law, where he was a member of the full-time faculty from 1975 until 2012. He has taught a wide variety of courses, notably Evidence and Trial Advocacy. Prior to joining the faculty, Professor O’Brien spent several years in law practice, mainly in the District of Columbia and Illinois. He graduated from Harvard Law School in 1967 and has been admitted to practice law in Missouri, Illinois, New York, and the District of Columbia. He has authored or co-authored several books on evidence law, including the first, second, and third editions of Missouri Evidentiary Foundations. He has also authored four editions of the book, Missouri Law of Evidence.
Edward J. Imwinkelried is considered one of the most frequently cited legal academics in evidence law and a leading authority on scientific evidence. He is the Edward L. Barrett, Jr. Professor of Law Emeritus and the former Director of Trial Advocacy at the University of California, Davis. The recipient of several awards for excellence in teaching, he taught at Washington University in St. Louis, at the University of San Diego, and has been a visiting professor at various universities in the United States, Europe and Asia. He has lectured throughout the United States to groups of judges, attorneys and scientists and is the author of over 150 law review articles and 20 books, including Evidentiary Foundations (10th ed. 2018).