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List of Forms by Chapter - Chapter 1 — Introduction
- Chapter 2 — Prepare Evidence Before Trial
-
I. Structure a Trial Preparation System for the Case - II. Identify Potential Trial Evidence
- III. Organize Your Evidence for Trial
- IV. Decide How and When You Will Present the Evidence at Trial
- V. Review General Rules on Objections and Claims of Privilege
- VI. Evaluate Your Evidence and Anticipate Objections
- VII. Prepare a Witness Examination Plan for Each Witness
- VIII. Prepare Witnesses To Testify
- IX. Satisfy Pretrial Procedural Requirements
- X. [2.39] Anticipate and Resolve Logistical Difficulties
- Chapter 3 — Obtain Evidence
- Chapter 4 — Deal with Admissibility Issues Before Trial
- I. Review General Rules Governing Admissibility
- Relevancy
- [4.1] General Rule
- [4.2] Burden of Proof
- [4.3] Standard
- [4.4] Materiality
- Competency of Witness
- [4.5] General Rule
- [4.6] Personal Knowledge
- [4.7] Child Witness
- [4.8] Criminal cases
- [4.9] Civil Cases
- [4.10] Issue of Fact
- [4.11] Burden of Proof
- Authenticity
- [4.12] General Rule
- [4.13] How To Authenticate
- [4.14] Burden of Proof
- Scientifically Accepted Technique
- [4.15] General Rule
- [4.16] What It Requires
- [4.17] What To Show
- Best Evidence Rule/Original Writing Rule
- [4.18] General Rule
- [4.19] Defined
- Opinion Evidence
- [4.20] General Rule
- [4.21] Exceptions
- [4.22] Examples
- II. Resolve Admissibility Questions
- Chapter 5 — Introduce Exhibits at Trial
- I. Mark the Exhibit for Identification
- II. [5.5] Show the Exhibit to Opposing Counsel
- III. [5.6] Provide a Courtesy Copy to the Judge
- IV. Lay the Foundation
- V. Provide the Exhibit to the Judge
- VI. Offer the Exhibit into Evidence
- VII. Obtain a Ruling on Admissibility
- VIII. Publish to the Jury
- IX. [5.30] Elicit the Testimony of the Witness
- Chapter 6 — Introduce Other Evidence Not Offered As Exhibits
- I. Prior Deposition Testimony Used To Impeach
- II. Evidence Depositions (Non-Video)
- III. Video Depositions
- IV. Expert Testimony
- V. Lay Testimony
- VI. Present Recollection Refreshed
- VII. Past Recollection Recorded
- VIII. Answers to Interrogatories or Requests for Admissions
- IX. Pleadings
- X. Stipulations
- XI. Demonstrative or Experimental Evidence
- XII. Jury Views
- XIII. Requests To Admit Facts
- XIV. Requests To Admit Genuineness of Documents
- XV. Public Records
- XVI. Habit Evidence
- XVII. Telephone Conversation — Voice of Person
- Chapter 7 — Respond to Challenges to Admissibility of Your Evidence at Trial
- Chapter 8 — Establish Foundations for Specific Types of Physical Evidence
- I. Photographs
- II. Models, Maps, and Diagrams
- III. Motion Pictures/Video/Day-in-the-Life Videos
- IV. Demonstrations and Experiments
- V. X-Rays
- VI. Exhibition of Person at Trial
- VII. Letters/Writings
- VIII. Contracts
- IX. Business Records
- X. Medical Records
- XI. Medical Bills
- XII. Summary Charts
- XIII. Certified Records
- XIV. [8.54] Self-Authenticating Documents
- XV. [8.55] Offer of Proof
- XVI. Judicial Notice
- XVII. [8.60] Habit/Routine Practice
- XVIII. Computer Printouts
- XIX. Computer-Generated Documents
- XX. [8.67] Faxed Documents
- XXI. [8.68] Police Reports
- XXII. Mortality Tables
- XXIII. Prior Occurrences
- XXIV. Absence of Similar Accidents
- Chapter 9 — Appendices
- I. [9.1] Sample Trial Preparation Systems
- [9.2] Sample System #1
- [9.3] Trial Binder
- [9.4] Exhibit Box
- [9.5] Witness Binder
- [9.6] Witness List
- [9.7] Exhibit List
- [9.8] Sample System #2
- [9.9] Set Up Files
- [9.10] Review Your Case File
- [9.11] Outlines
- [9.12] Outline opposing side’s case
- [9.13] Outline your rebuttal
- [9.14] Review Your Evidence
- [9.15] Arrange Evidence
- II. [9.16] Evidence Memo
- III. [9.17] Memorandum of Law in Support of the Admissibility of the Police Diagram
- IV. [9.18] Deposition Summary
- V. [9.19] Exhibit Log
- VI. [9.20] Evidentiary Stipulation
- VII. [9.21] Motion in Limine
- VIII. [9.22] S.Ct. Rule 237(b) Notice
- XIX. [9.23] S.Ct. Rule 213(f) Request
- X. [9.24] Request To Admit Facts
- XI. [9.25] Request To Admit Genuineness of Documents
- XII. [9.26] Subpoena
- XIII. [9.27] Subpoena for Trial
- XIV. [9.28] Subpoena Duces Tecum
- XV. Typical Sample Foundations: Testimonial Evidence
- XVI. [9.35] Deposition Stipulation
- XVII. [9.36] Medical Records Request
- XVIII. [9.37] Petition
- XIX. [9.38] Business Records Certification
- XX. [9.39] Medical Records Certification
- XXI. [9.40] Illinois Rules of Evidence
- Richard L. Miller II
Richard L. Miller II
Richard L. Miller II is a Partner at Miller PC, in Chicago, where he concentrates his practice in commercial litigation, labor law, and class actions. Miller is an Adjunct Professor at the Northwestern School of Law, where he has served as an instructor for Trial Advocacy since 2005 and Advanced Trial Advocacy since 2013. He has been an arbitrator for the American Arbitration Association arbitrator since 2008, FINRA since 2018, and the Cook County Mandatory Arbitration Program from 2003 to 2005. He has been repeatedly recognized as a Leading Lawyer, Super Lawyer, and Rising Star. In 2008, Miller was named one of the 40 Illinois Attorneys Under Forty To Watch by the Law Bulletin Publishing Company, publishers of Chicago Lawyer and Chicago Daily Law Bulletin. He is a Past President of the Law Alumni Board for the University of Illinois College of Law. Miller graduated cum laude from the University of Illinois College of Law and magna cum laude from the University of Illinois College of Business.
Laying Foundations for Introducing Evidence (ARCHIVED 2018 EDITION)
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