| Publication Date: | 2023-2024 Edition |
| Available Formats: | Print (348 pages, spiral-bound, 1 volume) |
| Electronic (searchable PDF via flash drive, CD, or immediate download) | |
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| Online Publications Library: Access our full library of books online with universal search and links to primary law. |
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| Product #: | 904 |
“Objections are at the heart of any litigation practice. When skillfully used, they can steer the course of a trial by keeping out evidence harmful to your client’s position. And unless objections are timely and preserved on the record, the ability to appeal an unfavorable outcome may be lost.” – Christine M. Reilly, coauthor and Virginia CLE Senior Publications Attorney
This book catalogs the principal objections covered by the Virginia evidence rules, each with full legal support and sample objections. Familiarity with the rules governing admissibility will help you to anticipate your adversary’s use of objectionable material and successfully prevent its introduction. The compact size and tabbed format put the law at your fingertips — ideal for the fast pace of the courtroom when counsel must react quickly to preserve the objection.
The new edition includes rules for using a treating physician as an expert witness, objecting to hearsay issues when medical records are offered into evidence, and preventing a party from raising a new argument on appeal.
1.2 PROCEDURES AND DEFINITIONS
1.201 Objection Sustained
1.202 Objection Overruled
1.203 Waiving Objections
1.204 Motions in Limine
1.205 Motion for Mistrial
1.206 Speaking Objections
1.207 Absence of Ruling by Court
1.208 Absence of Stated Ground
1.209 Stating Objection Within Order
1.210 Ends of Justice
1.211 Motion to Strike Evidence at Conclusion of Plaintiff’s Case and Conclusion of All Evidence
1.212 Presentation of Evidence by Defendant During Plaintiff’s Case in Chief
2.1 DISCOVERY RULES
2.101 Scope of Discovery Generally
2.102 Specific Guidance
2.103 Certification
2.104 Objections Prior to Nonsuit
2.105 Divorce and Other Actions
2.106 Domestic Relations Cases
2.2 MOTIONS TO COMPEL
2.201 In General
2.202 Notice
2.203 Jurisdiction
2.3 PROTECTIVE ORDERS
2.301 In General
2.302 Relief Requested
2.4 OBJECTIONS TO DISCOVERY
2.401 In General
2.402 Specific Objections
2.5 INTERROGATORIES
2.501 In General
2.502 Excessive Number
2.503 Eliciting Opinion or Legal Conclusion
2.6 REQUESTS FOR PRODUCTION
2.601 Procedure
2.602 Business Records
2.603 Tax Returns
2.604 Surveillance Videos
2.605 Photographs
2.606 No Responsive Documents
2.607 Using a Privilege Log
2.7 SUBPOENAS DUCES TECUM
2.701 Motion to Quash
2.702 Grounds for Objection
2.703 Business Records Production
2.704 Request for Mental Health Records
2.8 ADMISSIONS
2.801 In General
2.802 Requesting an Opinion
2.803 Lack of Knowledge
2.804 Enforcing Discovery
2.805 Sanctions for Failure to Admit
2.806 Withdrawal or Amendment of Admission
2.807 Testimony That Contradicts Admission
2.808 Use of Pleadings
2.9 DEPOSITIONS
2.901 In General
2.902 Depositions On Written Questions
2.903 Form Versus Content
2.904 Agreements by Counsel on Objections
2.905 Use at Trial
2.906 Rules of Court
2.907 Suspending the Deposition
2.908 Dealing with “Speaking” Objections
2.909 Dealing with a Nonresponsive Witness
2.910 Going off the Record
2.911 Notice of Deposition
2.912 Experts
2.913 Corporate Designations
2.914 Use Against Some Punitive Claims
2.915 Amending Deposition Testimony
2.10 PHYSICAL AND MENTAL EXAMINATIONS
2.11 UNINSURED MOTORIST CLAIMS
2.12 CRIMINAL DISCOVERY
2.1201 Scope
2.1202 Misdemeanors
2.1203 Felonies
3.1 PRETRIAL MOTIONS
3.101 In General
3.102 Motion in Limine
3.2 TYPES OF OBJECTIONS
3.201 Lack of Proper Notice or Service
3.202 Jurisdiction
3.203 Necessary Party
3.204 Misjoinder
3.205 Lack of Capacity
3.206 Lack of Standing
3.207 Improper Venue
3.208 Demurrer and Bill of Particulars
3.209 Plea in Bar
3.210 Bankruptcy Stay
3.211 Workers’ Compensation Immunity
3.212 Statute of Frauds
3.213 Statute of Limitations
3.214 Failure to Exhaust Administrative Remedies
3.215 Improper or No Signature of Counsel on Pleading
3.216 Other Affirmative Defenses
4.1 THE JURY LIST AND PANEL
4.101 Objections Before Jury Is Sworn
4.102 Waiver of Objections
4.2 VOIR DIRE
4.201 In General
4.202 Virginia Practice
4.203 Extent of Court’s Discretion
4.3 OBJECTIONS TO VOIR DIRE
4.301 Making Objections
4.302 Preserving Objections
4.303 Controversial Client or Issue
4.304 Prejudicial Statements Made by a Panel Member
4.4 JUROR REHABILITATION
5.1 ANTICIPATING OBJECTIONS TO THE OPENING STATEMENT
5.101 Motions in Limine
5.102 Strategic Planning
5.2 PRACTICAL APPLICATIONS
5.201 Objections During Opening Statement
5.202 Examples of Objections
6.1 ANTICIPATING OBJECTIONS
6.101 Strategic Planning
6.102 Controversial Issues
6.2 RULE ON WITNESSES
6.3 OBJECTIONS TO CONTENT
6.301 Competence of Witness
6.302 Cumulative Testimony
6.303 Failure to Comply with Court Order or Discovery Requests
6.304 Hearsay Generally
6.305 Hearsay Exceptions Applicable Regardless of Availability of Declarant (See Rule 2:803)
6.306 Other Considerations
6.307 Hearsay Exceptions When the Declarant Is Unavailable (See Rule 2:804)
6.308 Double Hearsay
6.309 Immaterial
6.310 Irrelevant
6.311 Nonresponsive
6.312 Prejudice, Confusion, Misleading the Jury
6.313 Character Evidence
6.314 Violates Parol Evidence Rule
6.315 Privileged Communication
6.316 Company Rules
6.317 Work Product
6.318 Judicial Notice of Adjudicative Facts
6.319 Procedural Issues
6.320 Admission of Affidavits
6.321 Objections to Jurisdictional Elements
6.322 Lay Opinions
6.323 Prior Litigation
6.4 OBJECTIONS TO FORM
6.401 In General
6.402 Argumentative
6.403 Asked and Answered
6.404 Assumes Facts Not in Evidence
6.405 Beyond the Scope of the Direct Testimony
6.406 Badgering or Bullying Witness
6.407 Compound Questions
6.408 Improper Hypotheticals
6.409 Impeaching Own Witness
6.410 Improper Attempt to Impeach
6.411 Phrased to Incorrect Standard for Expert
6.412 Contains Inaccurate Summary or Erroneous Quote of Testimony
6.413 Lack of Foundation
6.414 Not the Best Evidence
6.415 Leading
6.416 Calls for a Narrative
6.417 Question Is Overly Broad
6.418 Item Is Being Used to Do More Than Refresh Recollection
6.419 Calls for Speculation or Conclusion
6.420 Unintelligible or Ambiguous
6.421 Commenting on Other Testimony
6.422 Addressing Juror by Name
6.423 Counsel Is Testifying
6.424 Improper Judicial Questioning
6.425 Habit
6.5 EXHIBITS
6.501 In General
6.502 Objections Specific to Exhibits
6.503 Countering Objections to Exhibits
6.6 REQUESTS FOR BENCH CONFERENCES
6.7 OBJECTIONS BY CO-LITIGANTS
6.8 REBUTTAL
6.9 WITHDRAWN PLEAS, OFFERS TO PLEAD, AND RELATED STATEMENTS
6.10 ADMISSIBILITY OF COMPLAINING WITNESS’ PRIOR SEXUAL CONDUCT; CRIMINAL SEXUAL ASSAULT CASES; RELEVANCE OF PAST BEHAVIOR
6.11 JURY INSTRUCTIONS
6.12 MOTION TO REINSTATE A CASE
7.1 SPECIAL CONSIDERATIONS
7.101 In General
7.102 Specialized Subject Matter
7.103 Qualifications
7.104 Reliability of the Science
7.2 OBJECTIONS
7.201 Agreement with Counsel
7.202 Inadequate Identification
7.203 Objections to Form
7.204 Lack of Foundation
7.205 Improper Hypothetical
7.206 Lack of Similarity of Conditions as to Test or Experimental Data
7.207 Improper Hearsay
7.208 Opinion on the Ultimate Issue
7.209 Direct Examination of Plaintiff’s Treating Doctor
7.210 Use of Treating Doctor as Expert Witness
7.211 Medical Malpractice Peer Review Documents
7.212 Subpoenas of Expert Files
CHAPTER 8: OBJECTIONS BASED ON CONDUCT OF THE JUDGE
8.1 IMPROPER JUDICIAL CONDUCT
8.101 In General
8.102 Improper Comment on the Evidence
8.103 Conduct of the Court That Embarrasses Counsel
8.104 Adversarial Examination of Witnesses by the Court
8.105 Tone of Voice or Facial Grimaces
8.106 Considerations
8.107 Time Restraints
8.108 Contempt
9.1 TYPES OF MISCONDUCT
9.101 In General
9.102 External Contact Defined
9.2 OBJECTIONS TO JUROR MISCONDUCT
9.201 Showing of Prejudice
9.202 Juror Affidavits or Testimony
9.203 Harmless Contacts
9.204 Virginia Rule
9.205 Procedure
Brien A. Roche
Brien A. Roche is engaged in the general practice of law in Virginia, Maryland, and Washington, D.C. He is a graduate of Georgetown University and George Washington University Law School. Mr. Roche served in the United States Marine Corps and as a patrol officer with the Washington, D.C. police department before entering the practice of law in 1976.
He is the author of two well-known professional legal texts published by LexisNexis, The Virginia Torts Case Finder and The Virginia Domestic Relations Case Finder. He is also the author of Law 101, a legal reference for lay persons, published by Sphinx Publishing Company. Mr. Roche has written several articles that appear in legal journals and has lectured at numerous continuing legal education seminars throughout Virginia.
Christine M. Reilly
Christine M. Reilly is the senior coordinating publications attorney with Virginia Continuing Legal Education and schedules and oversees the production of new books and updates to over forty existing titles. She formerly practiced law in Virginia, primarily as a trial attorney in the areas of criminal defense and domestic relations. She earned a J.D. from George Mason University and a B.A. from Virginia Tech. Ms. Reilly is also a trained mediator and teaches the judiciary training that is required for mediator certification at several community mediation centers.
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