Exhibitsand Foundation Lecture

							Professor Cecil Lynn
Loyola Law School
Trial Advocacy
Class Number 5
Exhibits and Evidentiary Foundation

February 7, 2006

  I. Exhibits

          a. The Role of Exhibits

          b. Types of Exhibits

                             1. Real Evidence
                             2. Demonstrative Evidence
                             3. Documentary Evidence

          c. Pretrial Procedures for the Admission of Exhibits

                     i.   Pretrial Conference and Orders
                    ii.   Motions in Limine
                   iii.   Stipulations
                   iv.    Requests to Admit

          d. Offering Exhibits At Trial

                     i. Mark the Exhibit for Identification

                    ii. Show the Exhibit to Opposing Counsel

                   iii. Request Permission to Approach Witness

                   iv. Show the Exhibit to the Witness

                    v. Lay Foundation for the Exhibit

                   vi. Offer the Exhibit Into Evidence

                   vii. Publish and Use the Exhibit

 II. Evidentiary Foundations

          a. The Requirement of Foundation

          b. Components of Foundation

                     i. Relevance
                    ii. Authenticity


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Professor Cecil Lynn
Loyola Law School
Trial Advocacy
Class Number 5
Exhibits and Evidentiary Foundation

February 7, 2006

                   iii. Admissibility

          c. Establishing Foundation

                    i. Single Witness

                   ii. Multiple Witness/Chain of Custody

          d. Foundation for Percipient Witness

                    i. Authentication (knowledge)

                   ii. Memory and Recall

          e. Foundations for Testimonial Evidence

                    i. Authentication (Knowledge)

                           1. Voice Identification (FRE § 901(b)(5))

                           2. Prior Identification (FRE § 801(d)(1)(C))

                           3. Habit/Routine (FRE § 406)

                   ii. Foundations for Hearsay Exceptions

                           1. Party Admissions (FRE § 801(d)(2))

                           2. Present Sense Impression (FRE § 803(1))

                           3. Excited Utterance (FRE § 803(2))

                           4. State of Mind (FRE § 803(3))

                           5. Statement Made for Medical Treatment (FRE § 803(4))

                           6. Dying Declaration (FRE § 804(b)(2))




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Professor Cecil Lynn
Loyola Law School
Trial Advocacy
Class Number 5
Exhibits and Evidentiary Foundation

February 7, 2006


          f. Foundations for Real and Demonstrative Evidence

                    i. Real/Tangible Objects

                   ii. Photography

                          1. Still Photographs
                          2. Motion Pictures and Videos

                   iii. Demonstrative Evidence

                          1. Maps, Charts & Diagrams
                          2. Models & Reproductions

                   iv. Documents

                          1. Authentication

                          2. Best Evidence Rule

                          3. Foundations for Hearsay Exceptions

                                 a. Business Records (FRE § 803(6))

                                 b. Summaries (FRE § 1006)

                                 c. Recorded Recollection (FRE § 803(5))

                                 d. Public Records (FRE § 803(8))

                                 e. Previous Testimony (FRE § 804(b(1))

                                 f. Party Admissions (FRE § 801(d)(2))

                                 g. Handwriting and Signature (FRE § 901(b)(2))




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