TRIAL OBJECTIONS
BY ROGGE DUNN
HIGHLIGHTS
The 2022 edition of Trial Objections will help you get your evidence in and keep your opponent’s evidence
out. Author Rogge Dunn has added 100+ new case notes throughout the book, covering evidence and
objections related to the following topics and more:
VOIR DIRE
• Court’s duty in conducting voir dire in a high-publicity case
• Evaluating the credibility of prosecutor’s stated non-discriminatory reason for strikes
• Test for determining whether a prospective juror may be excused for cause
DEMONSTRATIVE EVIDENCE: Standard for admissibility of experimental evidence
DOCUMENTARY EVIDENCE
• Custodian must be properly qualified to authenticate a business record
• Limits and scope of best evidence rule
• Methods for authenticating photographic evidence
WITNESSES
• Hearsay exceptions: recorded recollection; scope of “catch-all” exception
• Trial court’s duty to accommodate witness’ religious beliefs in qualifying witness to testify
• Limits on testimony of an “overview” witness
EXPERTS
• Common Daubert challenges
• Challenging specific experts: accident reconstruction; handwriting; hedonic damages
PRIVILEGE
• Scope of “narrow exception” to the rule that client identities are not protected by attorney/client privilege
• Impact of exercising 5th Amendment privilege in a civil case
• State secrets privilege
• Informant’s privilege
• “Self-evaluative” privilege recognized by some courts
JUDICIAL AND JUROR MISCONDUCT RE: Use of social media
FREQUENT EVIDENTIARY BATTLES
• Mitigation
• Prior acts
• Authenticating/admitting social media evidence
SUMMATION
• References to collateral sources; to evidence outside the record
• Commenting on defendant’s failure to testify
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