A Practical Guide to Evidence in Rhode Island

How to get it in and how to keep it out

Product Number: 2243176WFM
Publication Date: 9/13/2024
Edition: 3rd Edition 2024
Copyright: © 2024 MCLE, Inc.
Add to Favorites List

A Practical Guide to Evidence in Rhode Island

How to get it in and how to keep it out

Your Selection:

Checklist for Introducing a Prior Inconsistent Statement Checklist 8.1 from A Practical Guide to Evidence in Rhode Island $15.00; Members $13.50; New Lawyers $7.50 Free for OnlinePass subscribers.

Add to Cart

All chapters and exhibits from A Practical Guide to Evidence in Rhode Island may be purchased individually. Expand the Table of Contents below to see all options.

Also Available:

Print Book Add to Cart

270 pages in 1 volume with downloadable forms $195.00; Members $175.50; New Lawyers $97.50

eBook Add to Cart

260 pages in PDF format $195.00; Members $175.50; New Lawyers $97.50 Free for OnlinePass subscribers.

eArticles

See Table of Contents below to purchase individual chapters from this book. Your purchase includes the chapter's exhibits (if any). Pricing varies by page count. Member and new lawyer pricing available. Free for OnlinePass subscribers.

eChecklists and eForms

See Table of contents below to purchase individual checklists and forms from this book. Pricing varies by exhibit type. Member and new lawyer pricing available. Free for OnlinePass subscribers.

Product Description
Product Description

This manual guides you through the foundations for admitting evidence, and privilege, disqualification, exclusions and limitations that prevent evidence from coming in at trial. The book also covers a variety of topics related to witnesses, including the principles of witness corroboration, competency, impeachment and rehabilitation, along with foundations for identification and reputation. Look to the chapter on the hearsay rule and its exceptions to gain a comprehensive understanding as to how hearsay evidence is treated under the Rhode Island rules. The book features chapters on specific types of evidence, including forms of demonstrative and documentary evidence. Featured in each chapter is a clear statement of evidentiary foundations, and sample dialogues between counsel and a witness and judge with regard to a broad array of evidentiary issues. A practice handbook in its most basic form, A Practical Guide to Evidence in Rhode Island is "required reading" for any Rhode Island lawyer who wishes to excel in the courtroom—criminal or civil.

Recent updates:
- Update: September 2024
  Dear Subscriber:
  
  Thank you for choosing to keep your library current with this 2024 edition of A Practical Guide to Evidence in Rhode Island.
  
  Inside this edition, you will find new material on topics such as the following:
  - Witness corroboration and support. Find new case law in Chapter 5 on the topic of habit and routine practice, including a 2023 case where the court opined that there is no bright-line rule regarding the number of times a witness must have engaged in a particular practice in order to establish habit or routine.
  - Photographs and video footage. In Chapter 14, a 2024 case is offered to illustrate basic principles of au-thenticity and foundational requirements that apply to the admission of all images, including motion pic-tures or video footage.
  - Deepfakes and the influence of AI on demonstrative evidence. Chapter 14 also discusses inquiries as to the authenticity of digital images and the impact on chain of custody.
  We at MCLE trust that you will find this edition useful in your litigation and trial work, and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Introduction of Evidence—An Overview
Buy Chapter
Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 1.1
- Checklist of Considerations for Presenting Exhibits at Trial Buy Form

Chapter 02 expand

Presumptions and Facts Established Without Formal Proof
Buy Chapter
Miriam Weizenbaum, Esq., DeLuca, Weizenbaum, Barry & Revens, Ltd

Checklist 2.1
- Checklist for Determining Admissibility of a Party Opponent’s Statement Buy Form

Checklist 2.2
- Lerner Five-Part Test to Determine Admissibility of Statement as an Adoptive Admission Buy Form

Checklist 2.3
- Checklist for Admissibility of Confession Buy Form

Checklist 2.4
- Checklist of Foundations for a Judicial Admission Buy Form

Chapter 03 expand

Evidentiary Exclusions and Limitations
Buy Chapter
Kathleen M. Daniels, Esq., DeSisto Law Offices
Marc DeSisto, Esq., DeSisto Law Offices

Checklist 3.1
- Checklist for Making an Offer of Proof Buy Form

Chapter 04 expand

Witness Competency and Qualifications
Buy Chapter
Miriam Weizenbaum, Esq., DeLuca, Weizenbaum, Barry & Revens, Ltd

Checklist 4.1
- Checklist for Determining the Competency of a Child Witness Buy Form

Checklist 4.2
- Checklist for Admissibility of Lay Witness Opinion Testimony Buy Form

Checklist 4.3
- Checklist for Admission of Expert Opinion Testimony Buy Form

Chapter 05 expand

Witness Corroboration and Support
Buy Chapter
Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 5.1
- Checklist for Admission of Habit or Routine Practice Buy Form

Checklist 5.2
- Checklist for the Admission of Unavailable Witness Testimony Buy Form

Checklist 5.3
- Checklist for the Admission of Witness’s Reputation Buy Form

Checklist 5.4
- Checklist for the Admission of Witness’s Prior Consistent Statement Buy Form

Checklist 5.5
- Checklist for Using a Writing to Refresh Witness’s Memory Buy Form

Chapter 06 expand

Identification
Buy Chapter
Stacey Veroni, US Attorney's Office

Checklist 6.1
- Checklist for Reliability of Suggestive Identification Procedure Buy Form

Checklist 6.2
- Checklist for Suggested Jury Considerations in Identification Case Buy Form

Chapter 07 expand

Reputation Evidence
Buy Chapter
Kathleen M. Daniels, Esq., DeSisto Law Offices
Marc DeSisto, Esq., DeSisto Law Offices

Checklist 7.1
- Checklist for the Admission of Reputation or Opinion Evidence (Specific Parties) Buy Form

Chapter 08 expand

Impeachment
Buy Chapter
Lise Jill Gescheidt, Esq.,
John A. MacFadyen, III, Esq.,

Checklist 8.1
- Checklist for Introducing a Prior Inconsistent Statement Buy Form

Checklist 8.2
- Checklist for Admission of Reputation Evidence Buy Form

Checklist 8.3
- Checklist for Impeachment by Evidence of Criminal Conviction Buy Form

Checklist 8.4
- Checklist for Impeaching a Witness with Evidence of Prior Bad Acts or Crimes Buy Form

Chapter 09 expand

Prior Consistent Statements
Buy Chapter
Teresa Giusti, Esq., Rhode Island Ethics Commission
Matthew T. Oliverio, Esq., Oliverio & Marcaccio LLP

Checklist 9.1
- Checklist for Rehabilitating a Witness with Prior Consistent Statement Buy Form

Chapter 10 expand

Battered Woman Syndrome (Intimate Partner Violence Syndrome) and Child Sexual Abuse Syndrome
Buy Chapter
Teresa Giusti, Esq., Rhode Island Ethics Commission
Matthew T. Oliverio, Esq., Oliverio & Marcaccio LLP

Checklist 10.1
- Checklist for Evidence Useful to Establish Battered Woman (Intimate Partner Violence) Syndrome (BWS/IPV) Buy Form

Chapter 11 expand

Privilege and Disqualification
Buy Chapter
Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 11.1
- Checklist for Invoking the Attorney-Client Privilege to Shield a Communication from Disclosure Buy Form

Checklist 11.2
- Checklist for Shielding a Government Informant’s Identity from the Defense Buy Form

Chapter 12 expand

Hearsay Exceptions Involving State of Mind
Buy Chapter
Zoe K. Cooper Thomas, Esq.,
Lauren E. Jones, Esq., Jones Associates

Checklist 12.1
- Checklist for Admission of a Statement Against Interest Buy Form

Checklist 12.2
- Checklist for Admission of Statement of a Deceased Person Buy Form

Chapter 13 expand

Documentary Evidence
Buy Chapter
Alexandra G. Lancey, Esq.,
Matthew Murphy, Esq.,
Samantha M. Vasques, Esq., Mead, Talerman & Costa, LLC

Checklist 13.1
- Checklist for Admission of a Document Under Best Evidence Rule Buy Form

Chapter 14 expand

Demonstrative Evidence
Buy Chapter
Nicholas T. Hunt, Esq., McIntyre Tate LLP
Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 14.1
- Checklist for Admission of Breathalyzer Test Results Buy Form

Checklist 14.2
- Checklist for Admission of Ballistics Evidence Buy Form

Checklist 14.3
- Checklist for Admission of Models into Evidence Buy Form

Checklist 14.4
- Checklist for Admission of Wiretap Recording Evidence Buy Form

Checklist 14.5
- Checklist for Authority to Intercept Wire/Electronic Communications Buy Form

Checklist 14.6
- Checklist for Admission of Computer Simulation Evidence Buy Form

Chapter 15 expand

Fingerprints
Buy Chapter
Stacey Veroni, US Attorney's Office

Checklist 15.1
- Checklist for the Admission of Fingerprint Evidence Buy Form

Chapter 16 expand

Genetic Testing
Buy Chapter
Stacey Veroni, US Attorney's Office

Checklist 16.1
- Checklist to Obtain Postconviction DNA Testing Under R.I.G.L. § 10-9.1-12 Buy Form

Chapter 17 expand

Handwriting
Buy Chapter
Stacey Veroni, US Attorney's Office

Checklist 17.1
- Checklist of Methods to Introduce Handwriting Identification Evidence Buy Form
Editors & Authors

Editor(s)

Stephen M. Prignano, Esq., McIntyre Tate LLP, Providence

Author(s)

Zoe K. Cooper Thomas, Esq.,

Kathleen M. Daniels, Esq., DeSisto Law Offices, Providence

Marc DeSisto, Esq., DeSisto Law Offices, Providence

Lise Jill Gescheidt, Esq.,

Teresa Giusti, Esq., Rhode Island Ethics Commission, Providence

Nicholas T. Hunt, Esq., McIntyre Tate LLP, Providence

Lauren E. Jones, Esq., Jones Associates, Providence

Alexandra G. Lancey, Esq.,

John A. MacFadyen, III, Esq., Westport

Matthew Murphy, Esq.,

Matthew T. Oliverio, Esq., Oliverio & Marcaccio LLP, North Kingstown

Stephen M. Prignano, Esq., McIntyre Tate LLP, Providence

Samantha M. Vasques, Esq., Mead, Talerman & Costa, LLC, Newburyport

Stacey Veroni, US Attorney's Office, Providence

Miriam Weizenbaum, Esq., DeLuca, Weizenbaum, Barry & Revens, Ltd, Providence

TOP

A Practical Guide to Evidence in Rhode Island

How to get it in and how to keep it out

A Practical Guide to Evidence in Rhode Island

How to get it in and how to keep it out

Your Selection:

Product Description

Recent updates:

Table of Contents

Introduction of Evidence—An Overview

Checklist 1.1

Presumptions and Facts Established Without Formal Proof

Checklist 2.1

Checklist 2.2

Checklist 2.3

Checklist 2.4

Evidentiary Exclusions and Limitations

Checklist 3.1

Witness Competency and Qualifications

Checklist 4.1

Checklist 4.2

Checklist 4.3

Witness Corroboration and Support

Checklist 5.1

Checklist 5.2

Checklist 5.3

Checklist 5.4

Checklist 5.5

Identification

Checklist 6.1

Checklist 6.2

Reputation Evidence

Checklist 7.1

Impeachment

Checklist 8.1

Checklist 8.2

Checklist 8.3

Checklist 8.4

Prior Consistent Statements

Checklist 9.1

Battered Woman Syndrome (Intimate Partner Violence Syndrome) and Child Sexual Abuse Syndrome

Checklist 10.1

Privilege and Disqualification

Checklist 11.1

Checklist 11.2

Hearsay Exceptions Involving State of Mind

Checklist 12.1

Checklist 12.2

Documentary Evidence

Checklist 13.1

Demonstrative Evidence

Checklist 14.1

Checklist 14.2

Checklist 14.3

Checklist 14.4

Checklist 14.5

Checklist 14.6

Fingerprints

Checklist 15.1

Genetic Testing

Checklist 16.1

Handwriting

Checklist 17.1

Editor(s)

Author(s)