LIST OF CHAPTERS. Joseph J. Mellon, Esq. Thomas J. Tomazin, Esq. Lorraine E. Parker, Esq. Lauren E. Sykes, Esq. Krista Maher, Esq.

Transcription

1 LIST OF CHAPTERS Chapter 1 PRETRIAL Joseph J. Mellon, Esq. Chapter 2 MOTIONS IN LIMINE Thomas J. Tomazin, Esq. Chapter 3 JURY SELECTION Lorraine E. Parker, Esq. Lauren E. Sykes, Esq. Chapter 4 JUROR MISCONDUCT DURING TRIAL Krista Maher, Esq. Chapter 5 RESERVED Chapter 6 CONDUCT OF TRIAL Elizabeth J. Hyatt, Esq. Chapter 7 EXPERT WITNESSES Beth Krulewitch, Esq. Chapter 8 LAY WITNESSES David Hughes, Esq. Chapter 9 OPENING STATEMENTS Jon F. Sands, Esq. Chapter 10 EVIDENCE RELEVANCE David W. Stark, Esq. Maggie Cass, Esq. Chapter 11 DOCUMENTS, THINGS, AND DEMONSTRATIVE EVIDENCE Gregory R. Giometti, Esq. Chapter 12 EVIDENCE TESTIMONY David Hughes, Esq. TOC-1

2 Colorado Courtroom Handbook Chapter 13 EVIDENCE HEARSAY Andrew J. Felser, Esq. Chapter 14 USE OF DEPOSITIONS Bennett S. Aisenberg, Esq. H. Paul Himes, Jr., Esq. Chapter 15 USE OF PLEADINGS AND DISCOVERY David Hughes, Esq. Chapter 16 RE-OPENING THE CASE Patricia Jarzobski, Esq. Chapter 17 CLOSING ARGUMENT Robert A. Schuetze, Esq. Chapter 18 DIRECTED VERDICT/JUDGMENT AS A MATTER OF LAW George Koons III, Esq. Chapter 19 JURY INSTRUCTIONS Anna N. Martinez, Esq. Chapter 20 JURY DELIBERATIONS Anna N. Martinez, Esq. Chapter 21 POST-TRIAL JUROR COMMUNICATIONS Joseph J. Mellon, Esq. Chapter 22 POST-TRIAL MOTIONS AND ISSUES Ross W. Pulkrabek, Esq. Aaron D. Goldhamer, Esq. Chapter 23 TECHNOLOGY IN THE COURTROOM David G. Mayhan, Esq. Stephen E. Baumann II, Esq. SUBJECT INDEX TOC-2

3 TABLE OF CONTENTS Chapter 1 PRETRIAL COLORADO STATE PRETRIAL PRACTICE COLORADO FEDERAL DISTRICT COURT PRACTICE Chapter 2 MOTIONS IN LIMINE TIMING PURPOSE GROUNDS FOR GRANTING GROUNDS FOR DENYING EFFECT PRESERVATION FOR APPELLATE REVIEW APPELLATE REVIEW MISCELLANEOUS Chapter 3 JURY SELECTION RIGHT TO JURY TRIAL STATUTORY REQUIREMENTS FOR JURY SERVICE EXCUSE FROM SERVICE JURY QUESTIONNAIRES TOC-3

4 Colorado Courtroom Handbook 3.5 CHALLENGES FOR CAUSE PEREMPTORY CHALLENGES USE OF ALTERNATE JURORS VOIR DIRE ERRORS IN VOIR DIRE EFFECT OF IMPANELMENT UNANIMITY OF VERDICT Chapter 4 JUROR MISCONDUCT DURING TRIAL JUROR MISCONDUCT RESULTING IN MISTRIAL JUROR MISCONDUCT RESULTING IN NEW TRIAL SPECIFIC ISSUES Chapter 5 RESERVED Chapter 6 CONDUCT OF TRIAL EXCLUSION OF WITNESSES JUROR NOTES JUROR QUESTIONS JUDGE QUESTIONS JUDGE AS WITNESS TOC-4

5 Table of Contents 6.6 JUDGE DISQUALIFICATION JUDICIAL NOTICE MOTIONS FOR MISTRIAL AVAILABILITY OF WITNESSES EXPERIMENTS, DEMONSTRATIONS, AND JUROR VIEW OF PREMISES Experiments And Demonstrations Juror View Of Premises DAY-IN-THE-LIFE FILMS TIME/WITNESS LIMITATIONS DIRECT EXAMINATION CROSS-EXAMINATION REDIRECT AND RECROSS-EXAMINATION REBUTTAL AND SUR-REBUTTAL REOPENING THE CASE IN CHIEF Chapter 7 EXPERT WITNESSES GENERAL OVERVIEW FOUNDATION FOR ADMISSIBILITY Generally Standard For Admissibility Basis Of Opinion Basis Of Opinion: Assumptions Basis Of Opinion: Hearsay TOC-5

6 Colorado Courtroom Handbook Hypothetical Questions Disqualification Of Expert Specific Issues Medical Opinion And Testimony Specific Kinds Of Expert Testimony Reliance On Other Experts Reliance On Extrinsic Evidence SPECIAL ISSUES Voir Dire Offered Area Of Expertise Scope Of Testimony Cross-Examination Payment Expert Disclosures Chapter 8 LAY WITNESSES PRETRIAL DISCLOSURE SUBPOENAS COMPETENCY LAY OPINION TESTIMONY PAYMENT Chapter 9 OPENING STATEMENTS GENERAL LIMITATIONS OBJECTIONS EFFECT OF OPENING STATEMENT TOC-6

7 Table of Contents Chapter 10 EVIDENCE RELEVANCE STANDARD OF RELEVANCE CIRCUMSTANTIAL EVIDENCE IMPEACHMENT COLLATERAL SOURCE USE OF A NEGATIVE POLYGRAPH EVIDENCE PRIOR PHYSICAL OR MENTAL CONDITION REMARRIAGE IN A WRONGFUL DEATH CASE HYPNOSIS PRIOR CRIMINAL CONVICTIONS CHARACTER EVIDENCE HABIT; ROUTINE PRACTICE SUBSEQUENT REMEDIAL MEASURES OFFERS TO COMPROMISE PAYMENT OF MEDICAL AND SIMILAR EXPENSES/APOLOGIES CRIMINAL PLEA/CONVICTION INSURANCE EVIDENCE PRECLUDED BY STATUTE TOC-7

8 Colorado Courtroom Handbook PRIOR ACCIDENTS AND INJURIES SOCIAL MEDIA POSTS Chapter 11 DOCUMENTS, THINGS, AND DEMONSTRATIVE EVIDENCE AUTHENTICATION ORIGINAL OF DOCUMENTS SUMMARIES OF DOCUMENTS TANGIBLE EVIDENCE: CHAIN OF CUSTODY PHOTOGRAPHS AND VIDEOTAPES HANDWRITING DEMONSTRATIVE EVIDENCE Chapter 12 EVIDENCE TESTIMONY RULES OF COMPETENCY IMPEACHMENT REFRESHING RECOLLECTION PRIVILEGE INTERPRETERS TOC-8

9 Table of Contents Chapter 13 EVIDENCE HEARSAY THE HEARSAY RULE WHAT IS HEARSAY: DEFINITIONS WHAT IS NOT HEARSAY Statements Offered Other Than For Their Truth Or Falsity Prior Statements Of A Witness Admissions By A Party Opponent Conspiratorial Statements EXCEPTIONS TO HEARSAY: AVAILABILITY OF DECLARANT IMMATERIAL Present Sense Impression Excited Utterance Then-Existing Mental, Emotional, Or Physical Condition Statements For Purposes Of Medical Diagnosis Or Treatment Recorded Recollection Records Of Regularly Conducted Activity Absence Of Entry In Business Records Public Records And Reports Records Of Vital Statistics Absence Of Public Record Or Entry Records Of Religious Organizations Marriage, Baptismal, And Similar Certificates Family Records Records Of Documents Affecting An Interest In Property Statements In Documents Affecting An Interest In Property Ancient Documents Market Reports TOC-9

10 Colorado Courtroom Handbook Learned Treatises Reputation Concerning Personal Or Family History Reputation Concerning Boundaries Or General History Reputation As To Character Judgment Of Previous Conviction Judgment As To Personal, Family, Or General History Or Boundaries EXCEPTIONS TO HEARSAY: DECLARANT UNAVAILABLE Former Testimony Statement Under Belief Of Impending Death Statement Against Interest Statement Of Personal Or Family History Forfeiture, By Wrongdoing, Of Right To Oppose Admission Of Declarant s Statement (Federal Rule Only) RESIDUAL HEARSAY EXCEPTION HEARSAY WITHIN HEARSAY ATTACKING AND SUPPORTING DECLARANT S CREDIBILITY Chapter 14 USE OF DEPOSITIONS AGAINST ADVERSE PARTY UNAVAILABLE WITNESS OBJECTIONS IMPEACHMENT TOC-10

11 Table of Contents 14.5 TRIAL PRESERVATION DEPOSITIONS VIDEO DEPOSITIONS ERRORS AND IRREGULARITIES Chapter 15 USE OF PLEADINGS AND DISCOVERY GENERAL PLEADINGS ANSWERS TO DISCOVERY PLEADINGS IN OTHER CASES Chapter 16 RE-OPENING THE CASE DISCRETIONARY RELIEF SPECIFIC ISSUES Chapter 17 CLOSING ARGUMENT DISCRETION OF COURT ARGUING EVIDENCE AND INFERENCES/SPECULATION COUNSEL S TESTIFYING PERSONAL BELIEF APPEALING TO PASSION AND PREJUDICE/ INFLAMMATORY ATTACKS ON ADVERSE ATTORNEY THE GOLDEN RULE ARGUMENT USE OF TRIAL TRANSCRIPT TOC-11

12 Colorado Courtroom Handbook 17.7 USE OF EXHIBITS AND DEMONSTRATIVE EVIDENCE OBJECTIONS CURATIVE INSTRUCTIONS INVITED ARGUMENT/ COMMENT/REBUTTAL STATEMENT ABOUT THE LAW BINDING EFFECT OF ADMISSIONS IN CLOSING PER DIEM PAIN AND SUFFERING TIMING OF CLOSING IN RELATION TO COURT INSTRUCTING THE JURY Chapter 18 DIRECTED VERDICT/JUDGMENT AS A MATTER OF LAW TIME TO MAKE THE MOTION STANDARD FOR DECIDING MOTION FOR DIRECTED VERDICT/JUDGMENT AS A MATTER OF LAW CRIMINAL TRIALS Chapter 19 JURY INSTRUCTIONS PRETRIAL EXCHANGE OF INSTRUCTIONS STANDARD JURY INSTRUCTIONS TOC-12

13 Table of Contents 19.3 SPECIALIZED INSTRUCTIONS FORM OF SUBMITTING INSTRUCTIONS EVIDENCE TO SUPPORT INSTRUCTION INSTRUCTIONS TO JURY BEFORE OR AFTER CLOSING ARGUMENTS COPIES OF INSTRUCTIONS TO JURY OBJECTIONS TO INSTRUCTIONS GENERAL AND SPECIAL VERDICTS ALLEN INSTRUCTION (DEADLOCKED JURY) Chapter 20 JURY DELIBERATIONS GENERAL OVERVIEW SPECIAL ISSUES Sequestration Requirements What Is Allowed In The Jury Room Reading Back Of Testimony Additional Instructions Answering Questions Deadlocked Jury Sealed Verdict Polling The Jury Mistakes In The Verdict Objections To Form Of The Verdict Amending The Verdict As To Form Inconsistent Verdict Loss Of Juror During Deliberations Juror Misconduct In Reaching Verdict TOC-13

14 Colorado Courtroom Handbook Chapter 21 POST-TRIAL JUROR COMMUNICATIONS PERMISSIBLE COMMUNICATIONS CONFUSION OF JURY VERDICT IMPEACHMENT OF VERDICT Chapter 22 POST-TRIAL MOTIONS AND ISSUES ENTRY OF JUDGMENT TAXED COSTS OFFER OF SETTLEMENT MOTIONS FOR POST-TRIAL RELIEF RELIEF FROM JUDGMENT OR ORDER STAY OF JUDGMENT OF PROCEEDINGS EXHIBIT Exhibit 22A Items Included As Costs Under C.R.S Chapter 23 TECHNOLOGY IN THE COURTROOM INTRODUCTION COURTROOM TECHNOLOGY EQUIPMENT THE AUDIENCES OF ANY COURTROOM TECHNOLOGY PRESENTATION TOC-14

15 Table of Contents 23.4 EVIDENTIARY AND PRACTICAL CONCERNS RELATED TO THE USE OF COURTROOM TECHNOLOGY JUROR USE OF TECHNOLOGY RECOVERABLE COSTS FOR THE USE OF TECHNOLOGY CONCLUSION EXHIBITS Exhibit 23A Article, Courtroom Technology Manual for Attorneys in the Alfred A. Arraj United States Courthouse SUBJECT INDEX TOC-15

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