New Wigmore Evidentiary Privileges: Chapters 6c-13

Overview

The New Wigmore: A Treatise on Evidence is an authoritative guide with answers to evolving questions in civil and criminal litigation. The series presents the same quality of research, thought, and analysis as the original Wigmore, creating a genuine present-day counterpart to the seminal evidence treatise.

Selected Rules of Limited Admissibility, by David Leonard, provides a sophisticated framework for lawyers and judges to understand and ...

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Overview

The New Wigmore: A Treatise on Evidence is an authoritative guide with answers to evolving questions in civil and criminal litigation. The series presents the same quality of research, thought, and analysis as the original Wigmore, creating a genuine present-day counterpart to the seminal evidence treatise.

Selected Rules of Limited Admissibility, by David Leonard, provides a sophisticated framework for lawyers and judges to understand and apply the rules that exclude evidence for policy reasons. Included are extensive discussions of:

  • The latest amendments to Federal Rule 408
  • Party-oriented limited admissibility in criminal cases
  • The types of agreements that qualify as “Mary Carter” agreements
  • Evidence of nolo contendere pleas when the party who entered the plea brings a civil action based on the same event
  • Admissibility of evidence of investigations conducted by a party
  • Remedial measures taken before the event giving rise to the action or taken by a third party, or required by a government authority
  • The use of limiting instructions and proper timing
  • The use the doctrine of “detrimental reliance” to enforce a plea agreement the government seeks to abolish
  • The admissibility of settlement agreements that, if not disclosed, might lead to distorted fact-finding
  • The propriety of informing the jury that there has been a settlement of claims involving a party
  • An appendix surveys state and territorial codification of the exclusionary rules.

EvidentiaryPrivileges, by Edward J. Imwinkelried, offers unique analysis of recent evidentiary problems including application of the attorney-client privilege to government agencies and corporate entities, and the difficulty of determining exactly who holds the privilege. In these two volumes, you’ll find also a practical framework for evaluating the existence or scope of new privileges, as well as coverage of issues like these:

  • The common interest or joint defense privilege
  • Skirmishes over the DOJ’s policies regarding corporate waiver of attorney-client privilege
  • Privilege for mediation proceedings
  • Burns v. Commonwealth, where the Virginia Supreme Court sharply limited the protection for confidential spousal communications
  • The latest cases recognizing a constitutional right to informational privacy
  • Protections for journalists and who qualifies
  • The governmental attorney-client privilege
  • The First Circuit decision holding that in certain circumstances even when an individual corporate officer has a personal attorney-client privilege with corporate counsel, the corporation may unilaterally waive the privilege
  • The latest cases on the waiver consequences of inadvertent production during pretrial discovery.

The latest volume, Expert Evidence, by David H. Kaye, David E. Bernstien and Jennifer L. Mnookin, describes and analyzes all major facets of the law of evidence pertaining to expert evidence, including:

  • Federal Rule 702 on expert testimony implementing the Supreme Court’s opinions in Daubert, Joiner, and Kumho Tire
  • Objecting to expert testimony before and at trial
  • Cases questioning the admissibility of previously established techniques in forensic science such as fingerprints, bullet lead, and DNA
  • Methods for evaluating statistical evidence and enhancing statistical testimony at trial
  • Medical and diagnosis evidence
  • The historical origins of demonstrative evidence and recent social science research on visual processing.
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Product Details

  • ISBN-13: 9780735528659
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 12/21/2001
  • Pages: 1673

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