Table of Contents
Playing by the Rules: Winning with Evidence in Colorado Family Law Cases, Second Edition
Rulings on Evidence — Rule 103
SUMMARY OF RULE 103
LEGAL AUTHORITIES
SAMPLE OFFER OF PROOF
SAMPLES OF TYPICAL OBJECTIONS
Objections Related to Form (see CRE 611)
Objections Related to Substance
Objections Related to Conduct of Counsel and Witness
Objections During Opening Statement
Objections During Closing Argument
PRACTICE TIPS
Remainder of or Related Writings or Recorded Statements — Rule 106
SUMMARY OF RULE 106
LEGAL AUTHORITIES
PRACTICE TIPS
Judicial Notice — Rule 201
SUMMARY OF RULE 201
LEGAL AUTHORITIES
Items Subject to Judicial Notice
Items Not Subject to Judicial Notice
PRACTICE TIPS
Relevancy — Rules 401, 402, and 403
SUMMARY OF RULES 401, 402, and 403
LEGAL AUTHORITIES
PRACTICE TIPS
Character Evidence — Rule 404
SUMMARY OF RULE 404
LEGAL AUTHORITIES
PRACTICE TIPS
Methods of Proving Character — Rule 405
SUMMARY OF RULE 405
LEGAL AUTHORITIES
PRACTICE TIPS
Habit, Routine Practice — Rule 406
SUMMARY OF RULE 406
LEGAL AUTHORITIES
PRACTICE TIPS
Compromise and Offers to Compromise — Rule 408
SUMMARY OF RULE 408
LEGAL AUTHORITIES
PRACTICE TIPS
Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty — Rule 410
SUMMARY OF RULE 410
LEGAL AUTHORITIES
PRACTICE TIPS
Privileges — Rule 501
SUMMARY OF RULE 501
LEGAL AUTHORITIES
Privileges
PRACTICE TIPS
Work Product — Rule 502
SUMMARY OF RULE 502
LEGAL AUTHORITIES
PRACTICE TIPS
General Rule of Competency — Rule 601
SUMMARY OF RULE 601
LEGAL AUTHORITIES
Statutory Exceptions to General Rule of Competency
PRACTICE TIPS
Lack of Personal Knowledge — Rule 602
SUMMARY OF RULE 602
LEGAL AUTHORITIES
PRACTICE TIPS
Interpreters — Rule 604
SUMMARY OF RULE 604
LEGAL AUTHORITIES
PRACTICE TIPS
Who May Impeach — Rule 607
SUMMARY OF RULE 607
LEGAL AUTHORITIES
PRACTICE TIPS
Evidence of Character and Conduct of Witness — Rule 608
SUMMARY OF RULE 608
LEGAL AUTHORITIES
PRACTICE TIPS
Religious Beliefs or Opinions — Rule 610
SUMMARY OF RULE 610
LEGAL AUTHORITIES
PRACTICE TIPS
Mode and Order of Interrogation and Presentation — Rule 611
SUMMARY OF RULE 611
LEGAL AUTHORITIES
PRACTICE TIPS
Sample Objections to the Form of the Question
Writing Used to Refresh Memory — Rule 612
SUMMARY OF RULE 612
LEGAL AUTHORITIES
PRACTICE TIPS
Sample Steps for Refreshing Memory of Witness at Trial
Prior Statements of Witnesses — Rule 613
SUMMARY OF RULE 613
LEGAL AUTHORITIES
Sample Foundation to Impeach with Prior Inconsistent Statement
Sample Foundation to Impeach with Inconsistent Statement Made in Deposition
PRACTICE TIPS
Calling and Interrogation of Witnesses by Court—Rule 614
SUMMARY OF RULE 614
LEGAL AUTHORITIES
PRACTICE TIPS
Exclusion of Witnesses — Rule 615
SUMMARY OF RULE 615
LEGAL AUTHORITIES
PRACTICE TIPS
Opinion Testimony by Lay Witnesses — Rule 701
SUMMARY OF RULE 701
LEGAL AUTHORITIES
PRACTICE TIPS
Testimony by Experts — Rule 702
SUMMARY OF RULE 702
LEGAL AUTHORITIES
U.S. Supreme Court Authority
Colorado Authority
PRACTICE TIPS
Basis of Opinion Testimony by Experts — Rule 703
SUMMARY OF RULE 703
LEGAL AUTHORITIES
PRACTICE TIPS
Court Appointed Experts — Rule 706
SUMMARY OF RULE 706
LEGAL AUTHORITIES
PRACTICE TIPS
Hearsay Definitions; Hearsay Rule — Rules 801 and 802
SUMMARY OF RULES 801 and 802
LEGAL AUTHORITIES
Investigative Reports/Evaluations for Parenting Time and Allocation of Parental Responsibilities
PRACTICE TIPS
Hearsay Exceptions: Availability of Declarant Immaterial — Rule 803
SUMMARY OF RULE 803
LEGAL AUTHORITIES
Present Sense Impression
Excited Utterance
State of Mind
Business Records
Ancient Documents
Learned Treatises and Hearsay
Statements of Child
Valuation Issues
PRACTICE TIPS
Business Records Foundation
Valuation Issues
Child Statements
State of Mind
Hearsay Exceptions: Where Declarant Unavailable — Rule 804
SUMMARY OF RULE 804
LEGAL AUTHORITIES
PRACTICE TIPS
Unavailability of Witness
Prior Testimony
Statement Against Interest
Hearsay Within Hearsay — Rule 805
SUMMARY OF RULE 805
LEGAL AUTHORITIES
PRACTICE TIPS
Attacking and Supporting Credibility of Declarant—Rule 806
SUMMARY OF RULE 806
LEGAL AUTHORITIES
PRACTICE TIPS
Residual Exception — Rule 807
SUMMARY OF RULE 807
LEGAL AUTHORITIES
PRACTICE TIPS
Authentication and Identification of Exhibits — Rules 901, 902, and 903
SUMMARY OF RULES 901, 902, and 903
LEGAL AUTHORITIES
Acceptable Authentications
Self-Authenticating Documents
PRACTICE TIPS
Definitions (Writings, Recordings, and Photos) — Rule 1001
SUMMARY OF RULE 1001
LEGAL AUTHORITIES
PRACTICE TIPS
Requirement of Original, Admissibility of Duplicates — Rules 1002, 1003, 1004, and 1005
SUMMARY OF RULES 1002, 1003, 1004, and 1005
LEGAL AUTHORITIES
PRACTICE TIPS
Summaries — Rule 1006
SUMMARY OF RULE 1006
LEGAL AUTHORITIES
PRACTICE TIPS
Evidence Issues in Arbitration Proceedings
Evidence Issues in Depositions and Discovery Depositions
Examination and Cross-Examination
Objections
Instruction Not to Answer
Coaching and Lawyers Behaving Badly
Persons Attending Deposition
Use of Depositions in Court Proceeding
INTERROGATORIES
PRODUCTION OF DOCUMENTS
DISCOVERY OF EXPERTS
Appendix: Colorado Rules of Evidence
Index